Texas Health and Human Services Digest: January 27, 2021

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From HHSC: While every effort has been made to offer an accurate and current listing of meeting agendas and events on this calendar, the information has been compiled from a variety of sources and is subject to change without notice to the user.

Please Note: This is a comprehensive list of upcoming meetings provided by HHSC. Not every meeting fits the parameters for coverage by Texas Insight. Refer to Texas Insight’s “Weekly Insight” newsletters for regular updates on planned coverage.

January 27, 2021

January 28, 2021

January 29, 2021

February 3, 2021

February 4, 2021

February 5, 2021

February 8, 2021

February 10, 2021

February 11, 2021

February 17, 2021

Proposed Rules
Formal Comments via the Texas Register
To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State. Interested parties then can review and comment on the proposed rule. The Secretary of State publishes a new issue of the Texas Register each Friday.

The Administrative Procedure Act (Texas Government Code, Chapter 2001) requires the notice published in the Texas Register to include a brief explanation of the proposed rule and a request for comments from any interested person. The notice also includes instructions for submitting comments regarding the rule to the agency, including the date by which comments must be submitted. Agencies must give interested persons “a reasonable opportunity” to submit comments. The public comment period begins on the day after the notice of a proposed rule is published in the Texas Register and lasts for a minimum of 30 calendar days.

Below is a list of proposed rules that have been published in the Texas Register. The proposed rules that are published in the Texas Register are open for public comment until the end of the comment period.

TitleProject No., DescriptionContactComment End Date
Title 25, Chapter 131, concerning Freestanding Emergency Medical Care Facilities#20R009: Freestanding Emergency Medical Care FacilitiesHHS Policy, Rules and Training2/22/21
Title 26, Chapter 509, concerning Freestanding Emergency Medical Care Facilities#20R009: Freestanding Emergency Medical Care FacilitiesHHS Policy, Rules and Training2/22/21
Title 26, Chapter 568, Standards of Care and Treatment in Psychiatric Hospitals#20R008: Voluntary Admission for Psychological ServicesHHS Policy, Rules and Training2/1/21
Title 25, Chapter 289, Subchapter E, Section 289.233, Radiation Control Regulations for Veterinary Radiation Machines#20R030: Veterinary Radiation MachinesDSHS Consumer Protection Division2/1/21
Title 26, Chapter 368, Intellectual and Developmental Disabilities (IDD) Habilitative Specialized Services#20R055: IDD Habilitative Specialized ServicesHHS IDD Services2/1/21
Title 1, Chapter 353, Sections 353.1305, 353.1306, and 353.1307, concerning Uniform Hospital Rate Increase Program#21R027: Uniform Hospital Rate Increase ProgramHHSC2/1/21
Title 25, Chapter 411, Subchapter J, Standards of Care and Treatment in Psychiatric Hospitals#20R008: Voluntary Admission for Psychological ServicesHHS Policy, Rules and Training2/1/21

Draft Rules Informal Comments

Informal opportunities to comment occur before a rule is published in the Texas Register. HHS staff may solicit informal public and stakeholder input by:

  • inviting stakeholders to submit comments on potential rule changes during rule development.
  • sharing a draft rule with stakeholders for review.
  • using existing HHS advisory committees to comment on rules.
TitleProject No.ContactComment Start DateComment End Date
Title 25, Chapter 295, Subchapter I, Texas Environmental Lead Reduction#21R034DSHS Environmental Hazards Branch1/28/212/11/21
Title 26, Chapter 554, Nursing Facility Requirements for Licensure and Medicaid Certification#21R041Kayla Lail1/21/211/28/21
Title 1, Chapter 353, Subchapter Q, Process to Recoup Certain Overpayments#20R082Marina Hench1/14/211/27/21

2021 Schedule
As HHSC has received a waiver to Rate Hearing Requirements, there will not be a rate hearing conducted on many of these rates.

TitleProposed Effective DatePacket
Updated
Documents
Notice Of Proposed Prospective Reimbursement For Rural Hospitals Participating In MedicaidSeptember 01, 2021Notice Of Proposed Prospective Reimbursement For Rural Hospitals Participating In Medicaid
09-01-2021-prospective-reimbursement-rural-hospitals-in-medicaid.pdfNotice Of Proposed Prospective Reimbursement For Rural Hospitals Participating In Medicaid Attachment
09-01-2021-prospective-reimbursement-rural-hospitals-in-medicaid-attch-rate-vis.pdf
Proposed Payment Rates for Home and Community-Based Services – Adult Mental Health (HCBS-AMH) Supported Home Living (SHL) and Youth Empowerment Services (YES) Waiver In-Home RespiteApril 01, 2021Proposed Payment Rates for Home and Community-Based Services – Adult Mental Health (HCBS-AMH) Supported Home Living (SHL) and Youth Empowerment Services (YES) Waiver In-Home Respite
04-01-2021-proposed-rate-hcs-hcbs-mh-sbl-yes-waiver-ihresp.pdf
Notice of Proposed Adjustments to Fees, Rates, or Charges for Medicaid Biennial Calendar Fee Review of the following: Long Acting Reversible Contraceptives (LARCs)April 01, 2021Notice of Proposed Adjustments to Fees, Rates, or Charges for Medicaid Biennial Calendar Fee Review of the following: Long Acting Reversible Contraceptives (LARCs)
04-01-2021-larcs-biennialcalendarfeereview.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Wound CareMarch 01, 2021Notice of Proposed Adjustments to Fees, Rates or Charges for Wound Care
03-2021-policy-woundcare.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Telemonitoring UpdateMarch 01, 2021Notice of Proposed Adjustments to Fees, Rates or Charges for Telemonitoring Update
03-2021-policy-telemonitoring.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Stereotactic RadiosurgeryMarch 01, 2021Notice of Proposed Adjustments to Fees, Rates or Charges for Stereotactic Radiosurgery
03-2021-policy-stereotactic-radiosurgery.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Nutritional (Enteral) Products, Supplies, and Equipment – Home Health & CCP: Immobilized Lipase CartridgeMarch 01, 2021Notice of Proposed Adjustments to Fees, Rates or Charges for Nutritional (Enteral) Products, Supplies, and Equipment – Home Health & CCP: Immobilized Lipase Cartridge
03-2021-policy-nutrional-prod-sup-equip.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Digital Breast TomosynthesisMarch 01, 2021Notice of Proposed Adjustments to Fees, Rates or Charges for Digital Breast Tomosynthesis
03-2021-policy-dbt.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Colorectal Cancer Screening PolicyMarch 01, 2021Notice of Proposed Adjustments to Fees, Rates or Charges for Colorectal Cancer Screening Policy
03-2021-policy-colorectal-cancer-screen.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for Healthcare Common Procedure Coding System (HCPCS)March 01, 2021Notice of Proposed Adjustments to Fees, Rates or Charges for Healthcare Common Procedure Coding System (HCPCS)
03-2021-policy-hcpcs.pdfNotice of Proposed Adjustments to Fees, Rates or Charges for Healthcare Common Procedure Coding System (HCPCS) Attachments
03-2021-policy-hcpcs-att.zip
Biennial Calendar Fee ReviewMarch 01, 2021Biennial Calendar Fee Review
03-2021-biennialcalendarfeereview.pdfBiennial Calendar Fee Review Attachments
03-2021-biennialcalendarfeereview-att.zip
Notice of Proposed Adjustments to Fees, Rates or Charges for Medical Transportation Program (MTP) Fee ReviewJanuary 01, 2021Notice of Proposed Adjustments to Fees, Rates or Charges for Medical Transportation Program (MTP) Fee Review
01-2021-medical-transport.pdf
Notice of Proposed Adjustments to Fees, Rates or Charges for 2021 Annual Healthcare Common Procedure Coding System (HCPCS) UpdatesJanuary 01, 2021Notice of Proposed Adjustments to Fees, Rates or Charges for 2021 Annual Healthcare Common Procedure Coding System (HCPCS) Updates
01-01-2021-policy-hcpcs-annual-2021.pdfNotice of Proposed Adjustments to Fees, Rates or Charges for 2021 Annual Healthcare Common Procedure Coding System (HCPCS) Updates Attachments
01-01-2021-policy-hcpcs-annual-2021-att.zip
Notice of Adjustments to Fees, Rates or Charges for Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates Related to Coronavirus Disease 2019 (COVID-19) High Throughput TestingJanuary 01, 2021Notice of Adjustments to Fees, Rates or Charges for Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates Related to Coronavirus Disease 2019 (COVID-19) High Throughput Testing
01-01-2021-notice-adjfees-hcpcs-covid19-highthrouhput-testing.pdf
Notice of Adjustments to Fees, Rates or Charges for Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates Related to Coronavirus Disease 2019 (COVID-19)January 01, 2021Notice of Adjustments to Fees, Rates or Charges for Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates Related to Coronavirus Disease 2019 (COVID-19)
01-01-2021-notice-adjfeesratescharges-hcpcs-covid19.pdf

February 2021 CMS Preclusion List Published. The monthly CMS Preclusion List has been published. Feel free to contact PreclusionList@cms.hhs.gov if you have any questions or concerns.

Antibody infusions prevent acquisition of some HIV strains, NIH studies find. An investigational anti-HIV antibody delivered intravenously once every eight weeks safely and effectively prevented acquisition of HIV strains sensitive to that antibody, but did not significantly reduce overall HIV acquisition after 80 weeks among participants in two multinational clinical trials. Known as the Antibody-Mediated Prevention (AMP) Studies, the Phase 2b trials are sponsored and funded by the National Institute of Allergy and Infectious Diseases (NIAID), part of the National Institutes of Health. The studies are being conducted jointly by the HIV Vaccine Trials Network (HVTN) and HIV Prevention Trials Network (HPTN).

Read the full release.

NIH to Advance Nutrition Research in All of Us’s First Ancillary Study. Through a recent set of funding opportunity announcements, the National Institutes of Health has issued a call for organizations to help launch its newest initiative, Nutrition for Precision Health, powered by the All of Us Research Program. The aim of the effort will be to generate insights that may lead to more tailored nutritional recommendations based on individual differences.

This is the first NIH-led study to leverage the All of Us participant cohort and infrastructure to expand data collection and drive new discoveries. The NIH Common Fund is supporting the study as a cross-cutting program expected to have a high impact on health research over the next decade.

DY11 Program Options: DPP for BHS and RAPPS.  HHSC is proposing the following directed payment programs (DPP) to begin September 1, 2021. All programs are subject to CMS approval.

Directed Payment Program for Behavioral Health Services

Rural Access to Primary and Preventive Services Program (RAPPS)

HHSC will conduct a public hearing on January 29, 2021, beginning at 1:00 p.m. CST, to review proposed measures and performance requirements for DPP BHS and the RAPPS. You may register for the hearing at: https://attendee.gotowebinar.com/register/581282523073722128.

Informal Comments on Draft Rules Due 2/11 on Texas Environmental Lead Reduction. Texas Department of State Health Services is accepting comments from stakeholders on the following draft rules. The comment period ends February 11, 2021.

  • Department of State Health Services Title 25, Part 1, Chapter 295, Subchapter I, Texas Environmental Lead Reduction. Comments can be emailed to DSHS Environmental Hazards Branch.

Questions can be emailed to HHS Rules Coordination Office.

Read more.

Comprehensive Hospital Increase Reimbursement Program Modeling Available. The Comprehensive Hospital Increase Reimbursement Program (CHIRP) is a statewide program that provides for increased Medicaid payments to hospitals for inpatient and outpatient services provided to persons with Medicaid. Texas Medicaid managed care organizations (MCOs) receive additional funding through their monthly capitation rate from HHSC and are directed to increase payment rates for participating hospitals. As designed, eligible hospitals receive a percent increase paid on claims submitted to a Medicaid MCO. CHIRP’s purpose is to advance goals and objectives in the state’s Medicaid quality strategy by incentivizing improved quality and access for hospitals that serve persons with Medicaid.

HHSC is providing the CHIRP modeling for example purposes only; these are not the final program values. The program values are subject to changes based on actual enrollment, data changes and approval issued by the Centers for Medicare and Medicaid Services (CMS). The proposed CHIRP modeling and summary visualizations of the modeling are available here.

New EVV TAC Rules. HHSC has adopted new Electronic Visit Verification rules in Texas Administrative Code, Title 1, Chapter 354, Subchapter O. The new rules are effective Dec. 23, 2020. Previous EVV TAC rules; §68.101§68.102§68.103 and §354.1177 have been repealed.

The new rules implement federal and state requirements for the Texas EVV system and remove rules that are no longer necessary from TAC under the Department of Aging and Disability Services.

Email your questions to HHSC EVV.

Reminder for Renewing IPCs and ID/RCs in CLASS and DBMD. HHSC discontinued automatic renewal of IPCs and ID/RCs on Dec. 31, 2020. Therefore, CLASS CMAs, CLASS DSAs and DBMD program providers must resume the process of conducting the service planning team meeting on or before the effective date of the renewal IPC. They must develop proposed renewal IPCs and updated ID/RCs for submission to HHSC. The effective date of the renewal IPC is the day after the IPC expires.

You may conduct the SPT meeting to renew the ID/RC by telehealth. You may conduct the SPT meeting to renew the IPC by telehealth or phone. If you cannot get the signature of the person or legally authorized representative on the proposed renewal IPC, you must get their oral agreement to the renewal IPC. Put the agreement in the individual’s record. Read IL 2020-46 (PDF).

CLASS DSAs and DBMD program providers cannot bill for services provided when a renewal IPC is not authorized by HHSC. This means the SPT meeting must occur by the effective date of the renewal IPC. The CLASS DSA or DBMD program provider cannot bill for services provided between the date of the meeting and the effective date of the renewal IPC.

Guidance Related to DataLogic/Vesta EVV System Outage in Dec. 2020. HHSC has issued Guidance Related to the DataLogic/Vesta Electronic Visit Verification System Outage from Dec. 5, 2020 to Dec. 10, 2020 (PDF) to program providers, financial management services agencies and consumer directed services employers affected by the outage. The guidance includes information about:

  • Visit entry and reason codes
  • Claims
  • Recoupments
  • EVV compliance oversight

The guidance is also available on the HHS EVV webpage.
Email your questions about this notice to HHSC EVV.

Long-Term Care Facilities Council Issues First Report. The Long-Term Care Facilities Council was established by Senate Bill 1519, 86th Legislature, as a permanent advisory council to the Texas Health and Human Services Commission to study and make recommendations for nursing facilities, assisted living facilities and intermediate care facilities. The council is required to submit a report in January of each odd-numbered year.

Read the January 2021 report (PDF).

DSHS RSV Data Update. This information has recently been updated and is now available.

DFPS Committee on Promoting Adoption of Minority Children (ACPAMC) meets Feb 4. The DFPS Advisory Committee on Promoting Adoption of Minority Children (ACPAMC) will host a virtual quarterly meeting Thursday, February 4, 2021 at 3:00 pm CST.

Please direct any questions to DFPScouncil@dfps.state.tx.us.