Texas Health and Human Services Digest: November 11, 2020

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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.

November 12, 2020

November 13, 2020

November 16, 2020

November 17, 2020

November 18, 2020

November 19, 2020

November 30, 2020

December 11, 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To let the public know about a rulemaking action – such as new, amended or repealed rules – HHS publishes a notice in the Texas Register, a publication of the Texas Secretary of State.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.

TitleProject No., DescriptionContactComment End Date
Title 1, Chapter 355, Subchapter J, Division 11, Section 355.8201, Waiver Payments to Hospitals for Uncompensated Care#21R012: Uncompensated Care Secondary Reconciliation for DYs 6-8HHSC12/7/20
Repeal of Title 25, Chapter 415, Subchapter C, Use and Maintenance of Department of State Health Services/Department of Aging and Disability Services Drug Formulary#19R052: HHSC Psychiatric Drug FormularyHHS Health and Specialty Care11/23/20
Repeal of Title 40, Chapter 5, Subchapter C, Use and Maintenance of Drug Formulary#19R052: HHSC Psychiatric Drug FormularyHHS Health and Specialty Care11/23/20
New Title 26, Chapter 306, Subchapter G, Use and Maintenance of the Health and Human Services Commission Psychiatric Drug Formulary, Sections 306.351 – 306.360#19R052: HHSC Psychiatric Drug FormularyHHS Health and Specialty Care11/23/20
Title 1, Chapter 355, Subchapter B, Establishment and Adjustment of Reimbursement Rates for Medicaid, Section 355.205#21R015: Rate Increase Attestation Process COVID-19HHS Provider Finance Department11/23/20
Repeal of Title 1, Chapter 383, Interstate Compact on Mental Health and Mental Retardation#19R065: Interstate Compact CoordinationHHS Health and Specialty Care11/16/20
New Title 26, Chapter 903, Interstate Compact on Mental Health and Intellectual and Developmental Disabilities#19R065: Interstate Compact CoordinationHHS Health and Specialty Care11/16/20
Title 1, Chapter 354, Subchapter A, Division 1, Section 354.1003, Time Limits for Submitted Claims#20R006: Claims Payment Deadlines ExceptionsHHS Rules Coordination Office11/16/20
Title 25, Chapter 40, Subchapter D, concerning Maintenance and Administration of Asthma Medication#20R019: Asthma MedicationDSHS School Health Program11/16/20
Title 25, Chapter 40, Subchapters B and C, concerning Epinephrine Auto-Injector Policies in Certain Entities and Youth Facilities#20R018: Epinephrine Policies in Certain Entities and Youth FacilitiesDSHS School Health Program11/16/20

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 1, Chapter 351, Section 351.805, State Medicaid Managed Care Advisory Committee#20R108HHS Medicaid/CHIP Services11/5/2011/19/20
Title 1, Chapter 354, Subchapter F, Division 8, Drug Utilization Review Board#21R007John Pepin10/30/2011/13/20
Title 26, Chapter 561, Employee Misconduct Registry (EMR)#19R045HHS Policy, Rules and Training10/30/2011/13/20

Reminder: Update Your Billing Info by November 13 for Your APM Incentive Payment. The Centers for Medicare & Medicaid Services (CMS) Quality Payment Program website includes 2020 Alternative Payment Model (APM) Incentive Payment details. To access information on the incentive amount and organization paid, clinicians and surrogates can log in to the QPP website using their HARP credentials. In order to receive payments, certain clinicians will need to verify their Medicare billing information by November 13, 2020.

Many eligible clinicians who were Qualifying APM Participants (QPs) based on their 2018 performance began receiving their 2020 5% APM Incentive Payments last month. If you have already received your payment, you do not need to do anything.

CMS also posted a new 2020 APM Incentive Payment Fact Sheet to explain:

  • Who is eligible to receive an APM incentive payment in 2020
  • How CMS determines your 2020 APM Incentive Payment
  • Frequently asked questions and answers

Who Needs to Verify Their Medicare Billing Information? If you have not received a payment and find your name on this public notice, you will need to verify your Medicare billing information.

NOTE: If you do not verify your Medicare billing information by November 13, 2020, CMS will not be able to issue your APM Incentive Payment.

For more information, review the QP Public Notice File for Payment Year 2020 Excel Spreadsheet and supporting forms in the 2020 QP Notice for APM Incentive Payment zip file. The spreadsheet will indicate which form you need to submit—the IP Form and/or 588 Form—in order to verify your Medicare billing information.

Questions? Contact the Quality Payment Program at QPP@cms.hhs.gov or 1-866-288-8292. To receive assistance more quickly, consider calling during non-peak hours—before 10 a.m. and after 2 p.m. ET.

  • Customers who are hearing impaired can dial 711 to be connected to a TRS Communications Assistant.

Register Now for Quarterly FMSA Webinar. HHSC is offering online training and updates for financial management services agencies. This is a mandatory webinar. All FMSAs currently contracted with the Texas Health and Human Services Commission or a managed care organization must attend. The webinar will last approximately 1.5 hours.

Thursday Nov. 19, 2020 – 1:00 p.m.
Register now for FMSA Webinar.
Webinar ID 703-084-979

Submit specific questions or topics you would like to hear about during the webinar when you register. Webinar topics will include:

  • Electronic Visit Verification
  • CDS Expansion in Medically Dependent Children Program
  • Revision to Texas Home Living CDS Budget Workbook

Run a test of your computer’s connectivity if you have never attended a webinar from your computer. You can run this test at any time before the date of the training and are advised to do this early in case of a problem that only your IT technician can fix.

Email questions to CDS.

HHS Seeks Feedback on Behavioral Health Services. The Statewide Behavioral Health Coordinating Council (SBHCC) wants to know what you think about behavioral health services and supports in Texas.

The SBHCC is seeking input from people who have used behavioral health services in Texas, as well as their families and caregivers, providers, and service agencies and organizations. You may  take the survey online here until Nov. 21. Your answers will be anonymous and will help guide state agencies to meet people’s needs. The survey is available in English and Spanish.

Email questions about the survey to mentalhealth_sbhcc@hhsc.state.tx.us.

Cures Act EVV Practice Period Extended Through Dec. 31. This information is for Cures Act program providers, FMSAs, and CDS employers required to use Electronic Visit Verification by Jan. 1, 2021.

HHSC is extending the EVV practice period through Dec. 31, 2020. The original end date was Nov. 30, 2020. The extension allows more time for program providers, FMSAs, and CDS employers to:

  • Complete onboarding with an EVV vendor.
  • Complete EVV policy and EVV Portal training.
  • Practice using the EVV system.

During the practice period claims will not be denied for an EVV mismatch.

Beginning Jan. 1, 2021:

  • HHSC must comply with federal law and cannot delay the EVV requirement for all Medicaid personal care services.
  • All service visits for an EVV-required service must be captured in the EVV system.
  • Claims without a matching EVV visit transaction accepted into the EVV Portal will be denied for payment.

The EVV Service Bill Code Table has been updated on the HHS EVV webpage to reflect the new Jan. 1, 2021 EVV start date.

Visit the HHS Cures Act EVV webpage for more information about vendor onboarding, training, and the practice period.

Email questions to HHSC EVV.