Texas Health and Human Services Digest: July 24, 2020

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Previous meetings have made alternative arrangements like phone-in capability or have been canceled. These meetings are on the calendar as of today.

July 27, 2020

July 28, 2020

July 29, 2020

July 30, 2020

July 31, 2020

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To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State.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.

Project No.,
Comment End Date
Title 1, Chapter 370, Subchapter G, Standards for CHIP Managed Care#19R057: CHIP Appeals ProcessHHS Rules Coordination Office8/24/20
Title 40, Chapter 51, Medically Dependent Children Program#18R006: Repeal of MDCP Rules in Title 40HHS Rules Coordination Office8/24/20
Title 25, Chapter 265, General Sanitation#19R043: Public Swimming Pools and SpasDSHS Consumer Protection Division8/24/20
Title 1, Chapter 354, Subchapter D, Division 8 DSRIP Program Demonstration Years 9-10#19R067: Delivery System Reform Incentive Payment (DSRIP) Program DY 9-10HHS Texas Healthcare Transformation and Quality Improvement Program8/17/20
Title 26, Chapter 567 Certificate of Public Advantage#20R041: Certificate of Public Advantage (COPA)HHS Health Care Regulation’s Policy, Rules, and Training8/10/20
Title 25, Chapter 98, Subchapter C, Division 2 Advisory Committee#20R052: Texas HIV Medication Advisory CommitteeDSHS HIV-STD Program8/10/20
Title 26, Chapter 746, Subchapter B, Division 2 Required Notification#20R025: Annual Reporting of Employees Leaving Child-Care CentersHHS Child Care Regulation8/10/20

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.

The following are draft rules on which HHS is accepting informal public or stakeholder input. All rules are posted in MS Word format unless otherwise noted.

TitleProject No.ContactComment Start DateComment End Date
Title 26, Chapter 745 Licensing, Subchapters A, C, D, and L, and Chapter 748 Minimum Standards for General Residential Operations#20R039HHS Child Care Regulation7/15/207/29/20
Title 25, Chapter 217, Subchapter A, Grade Specifications and Requirements for Milk, and Subchapter B, Grade A Raw Milk and Raw Milk Products#20R051DSHS Milk and Dairy Unit7/14/207/28/20
Repeal of Title 25, Chapter 289, Subchapter E, §289.233 Radiation Control Regulations for Radiation Machines Used in Veterinary Medicine and new §289.233#20R030DSHS Consumer Protection Division7/13/207/27/20
Figures for new Title 25, Chapter 289, Subchapter E, §289.233 Radiation Control Regulations for Radiation Machines Used in Veterinary Medicine#20R030DSHS Consumer Protection Division7/13/207/27/20

In honor of the 30th anniversary of the Americans with Disabilities Act (ADA)the Centers for Medicare & Medicaid Services Office of Minority Health (CMS OMH) is sharing messages and materials on supporting equal opportunities and inclusion for people with disabilities.

On July 26, 1990 the ADA was enacted to prohibit discrimination against people with disabilities in all areas of public life (work, school, employment, transportation). As one of our priority populations, CMS OMH is focused on ensuring that people with disabilities have access to quality health care services and information.

Recognizing the 30th anniversary of the ADA is part of our strategy to foster innovation by providing tools and resources to empower patients. Join us in recognizing this observance and use this anniversary to bring attention to health equity for people with disabilities.
Resources for Consumers and Patients

Resources for Health Care Professionals

Kidney transplantation from deceased donors with HIV to people living with both HIV and end-stage kidney disease is feasible and safe, investigators supported by the National Institutes of Health have found. Their study demonstrates that the pool of available kidneys for people with HIV can be expanded by including donors with HIV, making more kidneys available for all who are awaiting a transplant.

The new findings build on research from 2019, when scientists from the University of Cape Town and NIH reported that people living with HIV who received kidney transplants from deceased donors with HIV had high overall survival and kidney graft survival after five years.

Read the full release.

NIAID celebrates pivotal step toward expanding HIV prevention choices for women.

Today the European Medicines Agency (EMA) announced it has adopted a positive scientific opinion on the dapivirine vaginal ring for use by cisgender women ages 18 and older in developing countries to reduce their risk of HIV infection. This milestone marks an important step toward expanding the number of biomedical HIV prevention options available to women in sub-Saharan Africa, who are among those most affected by the HIV epidemic. The National Institute of Allergy and Infectious Diseases (NIAID), part of the National Institutes of Health, thanks and congratulates everyone who led, conducted and participated in the research that led to the positive opinion.

Read the full release.

The Health and Human Services Commission (HHSC) adopted amendments to the rule governing the Uncompensated Care (UC) program. The amendments include clarifying what constitutes total eligible uncompensated costs and eligible hospital charity-care costs, as well as the process for returning the non-federal share of funds to governmental entities in the event of certain recoupments.

The amendment to §355.8212(g) revises the definition of “total eligible uncompensated costs” to clarify that a hospital’s total eligible uncompensated costs include the unreimbursed charity-care costs that are not included in the hospital’s state payment cap for interim UC payments, or the hospital’s Disproportionate Share Hospital specific limit in the UC reconciliation, for the corresponding program year. The amendment also clarifies that uninsured charity-care payments must be included in the hospital’s UC application and will be considered in the calculation of a hospital’s annual maximum UC payment.

The amendment to §355.8212(j) clarifies that, in the event funds are recouped from a hospital, the non-federal share will be returned to the governmental entities in proportion to each entity’s initial contribution to funding the program for that hospital’s service delivery area in the applicable program year.

The adopted rule was published in the July 24th edition of the Texas Register.

The Texas DSHS Newborn Screening (NBS) Laboratory is updating the result reporting statements for the following abnormal results to reflect the current Clinical Care Coordination follow up care recommendations. These updates are scheduled to go into effect August 10, 2020. All changes are indicated in red.

A full list of all possible results can be found here: http://www.dshs.texas.gov/lab/nbs/results/.