Texas Health and Human Services Digest: June 26, 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.

June 29, 2020

June 30, 2020

July 1, 2020

The Administrative Procedure Act (Texas Government Code, Chapter 2001(link is external)) 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.

The Administrative Procedure Act (Texas Government Code, Chapter 2001(link is external)) 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.

No rules are presently available for public comment.

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
Repeal of Title 25, Chapter 411, Subchapter J, Standards of Care and Treatment in Psychiatric Hospitals, and new Title 26, Chapter 568, Standards of Care and Treatment in Psychiatric Hospitals#20R008HHSC Policy, Rules, and Training6/25/207/9/20
Title 26, Chapter 558 Licensing Standards for Home and Community Support Services Agencies#19R069HHSC Policy, Rules, and Training6/23/207/7/20
Repeal of Title 40, Chapter 109, Subchapter C, Specialized Telecommunications Assistance Program, and new Title 26, Chapter 360, Subchapter C, Specialized Telecommunications Assistance Program#18R061Bryant Robinson6/18/207/2/20
Title 26, Chapter 744, 746, & 747 Minimum Standards for School Age and Before or After School Programs, Child-Care Centers, & Child-Care Homes#20R024HHSC Child Care Regulation6/17/207/1/20
Title 26, Chapter 742 Minimum Standards for Listed Family Homes#20R021HHSC Child Care Regulation6/15/206/29/20
Title 26, Chapter 303 Preadmission Screening and Resident Review (PASSR)#20R049Lisa Habbit6/12/206/26/20

 

The Children and Youth Behavioral Health Subcommittee (CYBHS) of the Behavioral Health Advisory Committee is accepting applications from the following to serve as members:

  • Advocacy organizations
  • Community representative of local mental/behavioral health authorities

If your organization is interested in becoming a CYBHS member, please submit your organization’s application following the instructions in the attached document to Kisha.Ledlow@hhsc.state.tx.us by COB June 26, 2020. CYBHS will use the information on your application to determine if your organization is eligible to serve on this committee.

The Center for Medicare and Medicaid Innovation (Innovation Center) announced today that new publications are available on the Direct Contracting Model webpage under additional information.  These publications include updated Frequently Asked Questions, model timeline, as well as a guide to assist in completing the application for the Professional and Global Options.

Stakeholders are encouraged to monitor the Direct Contracting webpage (https://innovation.cms.gov/innovation-models/direct-contracting-model-options) for future updates. Please email the Direct Contracting Model help desk with any questions or comments at  DPC@cms.hhs.gov.

For dates of service beginning July 1, 2020, you must request prior authorization for the following hospital Outpatient Department (OPD) services:

  • Blepharoplasty
  • Botulinum toxin injections (when paired with specific procedure codes)
  • Panniculectomy
  • Rhinoplasty
  • Vein ablation

Medical necessity documentation requirements remain the same and hospital OPDs will receive a decision within 10 days.

While only the hospital OPD service requires prior authorization, CMS wants to remind other providers that perform services in the hospital OPD setting that claims related to/associated with these services will not be paid if the service requiring prior authorization is not eligible for payment. These related services include, but are not limited to, anesthesiology services, physician services, and facility services. Only associated services performed in the hospital OPD setting are affected. Depending on the timing of claim submission for any related services, claims may be automatically denied, reviewed, or denied on a post-payment basis.

For botulinum toxin injections, consult the list of codes that require prior authorization for more details. Generally, the use of botulinum toxin injection codes paired with procedure codes other than 64612 or 64615 will not require prior authorization under this program.
For More Information:

Medicare pays Medicare Diabetes Prevention Program (MDPP) suppliers to furnish group-based intervention to at-risk eligible Medicare beneficiaries:

  • Centers for Disease Control and Prevention (CDC)-approved National Diabetes Prevention Program curriculum
  • Up to 2 years of sessions delivered to groups of eligible beneficiaries

Find out how to become a Medicare enrolled MDPP supplier:

The Centers for Medicare & Medicaid Services QSO 20-34-NH (PDF) memo announces plans to end the Medicare emergency blanket waiver. All nursing homes are required to resume submitting staffing data through the Payroll-Based Journal system by Aug. 14. The PBJ system allows CMS to collect nursing home staffing information which impacts the quality of care residents receive. The blanket waiver allowed the agency and providers to concentrate efforts on combating COVID-19.
Changes to the Nursing Home Compare Website and Five Star Quality Rating System:

  • Staffing Measures and Ratings Domain: On July 29, 2020, Staffing measures and star ratings will be held constant, and based on data submitted for Calendar Quarter 4 2019.
  • Quality Measures: On July 29, 2020, quality measures based on a data collection period ending Dec. 31, 2019 will be held constant.