Texas Register May 8, 2020 Volume: 45 Number: 19

posted in: 2020Appointed to the Texas Medical Board, 2025, 45, Amending 1 TAC §§377.201 - 377.211 to ensure that operational standards for local Children's Advocacy Centers are aligned with statewide policy, Amending 1 TAC §372.1513 to update the distribution schedule for disbursement of SNAP benefits, Amending 22 TAC §108.7 to dictate the minimum standards for safe practice during the COVID-19 disaster, Amending 22 TAC §190.8 to include a licensee's failure to follow minimum standards of care related to the COVID-19 disaster as grounds for disciplinary action, and distribution of consumable hemp products, Appointments for April 20, Chapter 300, Company Licensing: MotivHealth Insurance Company (HMO) has applied to do business in Texas, establishing the DSHS Hemp Program and related regulations for the manufacture, Executive Order GA-18: Governor permits certain business establishments to reopen in limited capacity amid the COVID-19 disaster, Executive Order GA-19: Requiring hospitals to reserve capacity for treatment of COVID-19 patients, for a term to expire April 13, Governor, Governor appoints reappoints three members and appoints four new members to the Housing and Health Services Coordination Council, New 25 TAC, New 26 TAC §500.3, New 26 TAC §500.43, New 26 TAC §500.44, New 26 TAC §500.51, Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medicaid Biennial Calendar Fee Review, Notice of Public Hearing on Proposed Medicaid Payment Rates for the Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates, processing, State Had Requested Amendment to the Texas Healthcare Transformation Quality Improvement (THTQIP) Waiver, temporarily extending certain documentation deadlines for Chemical Dependent Treatment Facilities, temporarily permitting a currently licensed hospital to designate part of its facility for use as an off-site facility by another hospital, temporarily permitting Chemical Dependency Treatment Facilities to provide treatment services through internet or telephone communications, temporarily permitting the supervision of licensed Chemical Dependency Counselor interns through internet or telephone communications, Texas (replacing Vanessa F. Hicks-Callaway of Victoria, Tomeka Moses Herod of Allen, which had temporarily considered the failure to postpone elective surgeries or operations in violation of Executive Order GA-15 as grounds for disciplinary actio, which had temporarily expanded the definition of dishonorable conduct to include the failure to postpone elective surgeries or operations in violation of Executive Order GA-1, who resigned)., Withdrawing emergency rule 22 TAC §108.9, Withdrawing emergency rule 22 TAC §190.8

  23677 45 19 2933 Governor appoints Tomeka Moses Herod to the Texas Medical Board Appointments for April 20, 2020Appointed to the Texas Medical Board, for a term to expire April 13, 2025, Tomeka Moses Herod of Allen, Texas (replacing … Read More

Texas Register May 1, 2020 Volume: 45 Number: 18

posted in: 2020, 45, a patient who without timely performance of the surgery or procedure would be at risk for serious adverse medical consequences or death, accounting for the range of clinical severity of COVID-19 patients; and (2) that it will not request any personal protective equipment from any public source, amended, Amending 1 TAC §363.603 to update references to personal attendant base wage requirements for Texas Health Steps Comprehensive Care Program providers, Amending 22 TAC §101.3 to place the responsibility of performing Level II background verification for dental licensure on the Board, Amending 22 TAC §101.4 to eliminate two procedural requirements for temporary dental license holders, Amending 22 TAC §103.3 to place the responsibility of performing Level II background verification for dental hygiene licensure on the Board, Amending 22 TAC §103.4 to eliminate two procedural requirements for temporary dental hygiene license holders, Amending 22 TAC §108.9 to expand the definition of dishonorable conduct to include the failure to postpone elective surgeries or operations in violation of Executive Order GA-15, Amending 22 TAC §190.8 to consider the failure to postpone elective surgeries or operations in violation of Executive Order GA-15 as grounds for disciplinary action, Amending 25 TAC §417.47 to update training requirements for state mental health facilities in response to the COVID-19 crisis, Amending 40 TAC §§3.401 - 3.403 to update training requirements for state supported living center staff in response to the COVID-19 crisis, Amending 40 TAC §41.505 to update references to personal attendant base wage requirements for consumer directed services, Amending 40 TAC §44.302 to update references to personal attendant base wage requirements for the Consumer Managed Personal Attendant Services program, Amending 40 TAC §44.422 to update references to personal attendant base wage requirements for the block grant option in the Consumer Managed Personal Attendant Services program, Amending 40 TAC §49.102 and §49.312 to update references to personal attendant base wage requirements regarding contracting for community services, Amending 40 TAC §9.177 and §9.579 to update references to personal attendant base wage requirements for the Home and Community Based Services and Community First Choice programs, and continuing until 11:59 p.m. on May 8, as determined by the patient's physician; provided, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, clarifying considerations for the renewal of a cancelled dental hygiene license, clarifying considerations for the renewal of a cancelled dental license, concerning complaints, concerning disclosures by out-of-network providers, concerning temporary suspension and restriction proceedings, consolidating personal attendant base wage requirements for all HHSC programs and services into one section, do hereby order the following on a statewide basis beginning at 11:59 p.m. on April 21, Executive Order GA-15: Establishing the Governor's Strike Force to Open Texas, exempting certain military spouses from dental assistant licensure requirements, exempting certain military spouses from dental hygiene licensure requirements, exempting certain military spouses from dental licensure requirements, Governor, Governor of Texas, Greg Abbott, HHSC intends to submit an amendment to the Texas State Plan for Medical Assistance, however, if performed in accordance with the commonly accepted standard of clinical practice, New 1 TAC §354.1369, New 1 TAC §355.7051, New 22 TAC §101.14, New 22 TAC §101.15, New 22 TAC §103.10, New 22 TAC §103.11, New 22 TAC §114.7, New 26 TAC §500.41, New 26 TAC §500.42, or local, or superseded by the governor.BACKGROUND AND JUSTIFICATIONThe Governor's rationale for issuing Executive Order GA-15 is listed in this week's edition of the Texas Register. , or to preserve the life of, OVERVIEWI, Renewing the effectiveness of new 28 TAC §§21.4901 - 21.4904, requesting funding for in vitro COVID-19 diagnostic testing, rescinded, state, TCDD requests applications for funding to promote family support and financial planning for adults with intellectual and developmental disabilities, TCDD requests applications for funding to promote money management skills among adults with intellectual and developmental disabilitie, temporarily allowing licensed Chemical Dependency Treatment Facilities to increase counselor caseloads, temporarily permitting licensed Chemical Dependency Treatment Facilities to provide telehealth and telemedicine services, that this prohibition shall not apply to either of the following:Any procedure that, unless it is modified, updating base wage requirements for personal attendants in Community First Choice personal assistances services and habilitation programs, upon written approval of the Office of the Governor. This executive order shall remain in effect and in full force until 11:59 p.m. on May 8, whether federal, Withdrawing the emergency adoption of the amendment to 22 TAC §178.4, Withdrawing the emergency adoption of the amendment to 22 TAC §187.57

  23645 45 18 2759 Executive Order GA-15: Requiring the suspension of elective surgeries and procedures OVERVIEWI, Greg Abbott, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State … Read More

Texas Register April 24, 2020 Volume: 45 Number: 17

posted in: §881.41, §884.41, 2020Appointed pursuant to HB 2783, 2021, 45, 86th Legislature, Amending 1 TAC §353.1305 to include non-state-owned institutions for mental diseases (IMDs) as a class of hospital eligible for rate increases under the Uniform Hospital Rate Increase Program (UHRIP), Amending 1 TAC §355.8212 to clarify processes and methodology for uncompensated charity care waiver payments to hospitals, amendment or renewal of certain parties' licensure for the possession and use of radioactive material for the first half of March 2020, amendment or renewal of certain parties' licensure for the possession and use of radioactive material for the second half of March 2020, and spouses, Appointments for April 13, authorizing the Texas Behavioral Health Executive Council's ability to set fees, D.O. of Lakeway, Division of Workers' Compensation adopts new 28 TAC §167.1, DSHS publishes decisions regarding the issuance, establishing a temporary emergency child care permit during the COVID-19 crisis, for terms to expire August 31, Governor, HHSC adopts amendment to 40 TAC §49.209, HHSC adopts amendments to six provisions in 40 TAC, HHSC adopts three amendments and one new rule in 40 TAC, HHSC adopts three amendments and three new rules in 40 TAC, HHSC repeals 40 TAC §9.185, HHSC repeals 40 TAC §9.577, implementing a general framework for Texas Behavioral Health Executive Council complaint procedures, implementing a general framework for the Texas Behavioral Health Executive Council's rulemaking procedures, implementing compliance monitoring procedures for the Texas Behavioral Health Executive Council, implementing contracts and procurement procedures for the Texas Behavioral Health Executive Council, implementing emergency temporary license procedures for the Texas Behavioral Health Executive Council, implementing general provisions for the Texas Behavioral Health Executive Council, implementing license application procedures for the Texas Behavioral Health Executive Council, implementing personnel requirements for the Texas Behavioral Health Executive Council, implementing procedures for Texas Behavioral Health Executive Council license renewal, implementing procedures for the Texas Behavioral Health Executive Council to investigate and resolve complaints, implementing procedures for the Texas Behavioral Health Executive Council to temporarily suspend a license, implementing sanctions procedures for the Texas Behavioral Health Executive Council, implementing Texas Behavioral Health Executive Council license renewal procedures for military personnel on active duty, implementing Texas Behavioral Health Executive Council licensees' duties with regard to complaints and enforcement, implementing Texas Behavioral Health Executive Council licensing requirements for military service members, implementing Texas Behavioral Health Executive Council procedures for conducting a contested case, implementing the rights and duties of Texas Behavioral Health Executive Council applicants and licensees, implementing the Texas Behavioral Health Executive Council's authority to audit licensees for compliance with the continuing education requirement, implementing the Texas Behavioral Health Executive Council's authority to revoke, M.D. of San Antonio, New §§745.10101-745.10111, New 22 TAC §§881.1 - 881.13, New 22 TAC §§881.30 - 881.32, New 22 TAC §§882.1 - 882.13, New 22 TAC §§882.20 - 882.27, New 22 TAC §§882.30 - 882.36, New 22 TAC §§882.40 - 882.42, New 22 TAC §§883.1 - 883.3, New 22 TAC §§884.1 - 884.6, New 22 TAC §§884.10 - 884.12, New 22 TAC §§884.30 - 884.32, New 22 TAC §§884.60 - 884.65, New 22 TAC §881.20 and §881.21, New 22 TAC §881.40, New 22 TAC §882.50, New 22 TAC §882.60 and §882.61, New 22 TAC §882.70, New 22 TAC §883.10, New 22 TAC §884.20 and §884.21, New 22 TAC §884.40, New 22 TAC §884.50 and §884.51, New 22 TAC §884.55, New 22 TAC §885.1, New 26 TAC §500.21, or deny a license based upon a criminal conviction, Ph.D. of New Braunfels, providing the form and function for the licenses issued by the Texas Behavioral Health Executive Council, regarding a standard contract for community services, Regular Session, relating to the enforcement of sanctions by HHSC, relating to the Home and Community-Based Services Program and Community First Choice Program, relating to the Home and Community-Based Services Program and Community First Choice Program provider compliance, relating to the Texas Home Living (TxHML) Program and Community First Choice Program, relating to the Texas Home Living (TxHML) Program and Community First Choice Program provider compliance, requiring healthcare providers to bill for telemedicine and telehealth services using the same billing and reporting procedures used for in-person services, requiring the Texas Behavioral Health Executive Council to employ special evaluation ad planning for persons licensed to practice psychology, restricting entry and requiring screening of certain authorized personnel at day care operations, Subchapter D, Subchapter E, Subchapter N, suspend, Texas, TexasDaniel V. "Dan" Freeland, TexasSarah Rosen Garrett of Spicewood, TexasSuzanne K. Gazda, the following individuals:Anne M. Esquivel, to the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council, updating requirements to reduce treatment barriers for End Stage Renal Disease facilities in response to COVID-19, veterans

  23608 45 17 2601 Governor appoints four members to the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council Appointments for April 13, 2020Appointed pursuant to HB 2783, 86th Legislature, Regular Session, to the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council, for terms … Read More

Texas Register April 17, 2020 Volume: 45 Number: 16

posted in: §2001.034, 2020 proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, 45, allowing certain End Stage Renal Disease facilities to operate an off-site outpatient facility without obtaining a new license, allowing certain hospitals to waive the requirement that off-site facilities be open or licensed within the past 36 months, Amendment to the Texas Healthcare Transformation Quality Improvement Program (THTQIP) Waiver affecting certain children in Department of Family and Protective Services conservatorship, and household members in connection with home and community support services, and welfare of the state during the COVID-19 pandemic, and welfare of the state requires immediate adoption of this Emergency Rule for Hospital Response to COVID-19.As authorized by Government Code, Chapter 133 Hospital Licensing, clients, concerning an emergency rule in response to COVID-19, Council requests applications for funding of new initiatives to support aging individuals with intellectual and developmental disabilities and their caregivers, DSHS has published an updated Asbestos Penalty Matrix, in order to reduce the risk of transmission of COVID-19. To protect patients and the public health, new §133.51, New 26 TAC §500.2, New 26 TAC §500.20, New 26 TAC §510.48, New 26 TAC §550.212, New 26 TAC §551.401, New 26 TAC §553.45, New 26 TAC §558.408, New 26 TAC §558.872, New 40 TAC §19.2801, New 40 TAC §98.65, requiring screening of staff, restricting entry and requiring screening of certain authorized personnel at assisted living facilities, restricting entry and requiring screening of certain authorized personnel at day and health services facilities, restricting entry and requiring screening of certain authorized personnel at inpatient hospice units, restricting entry and requiring screening of certain authorized personnel at intermediate care facilities for individuals with intellectual disabilities, restricting entry and requiring screening of certain authorized personnel at nursing facilities, restricting entry and requiring screening of certain authorized personnel at prescribed pediatric extended care centers, restricting entry and requiring screening of certain authorized personnel at private psychiatric hospitals and crisis stabilization units, safety, Texas Administrative Code, Texas Department of State Health Services, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, Three Health Maintenance Organizations have applied for company licensing in Texas

  23591 45 16 2469 New 25 TAC §133.51, restricting hospital entry and requiring screening of certain authorized hospital personnel CHAPTER 133. HOSPITAL LICENSINGSUBCHAPTER C. OPERATIONAL REQUIREMENTS25 TAC §133.51OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts … Read More

Texas Register April 10, 2020 Volume: 45 Number: 15

posted in: 000, 2020:Quarantine after airport arrival from certain destinations:Every person who enters the State of Texas as the final destination through an airport, 45, a covered person shall not allow visitors into or out of the designated quarantine location, amended, Amending 1 TAC §355.8201 to detail calculation and distribution methods for reimbursing unspent Uncompensated Care funding to hospitals, Amending 25 TAC §§13.1-13.2 and repealing §13.3 to update application criteria for the J-1 Visa Waiver Program in order to recruit physicians to underserved areas, Amending 25 TAC §135.2 and §135.26 to expand treatment capabilities and modify reporting requirements for Ambulatory Surgical Centers during the COVID-19 crisis, Amending 40 TAC §700.1003 to expand the definition of "designated caregiver" for a child in DFPS conservatorship, and driver license or passport information. DPS Troopers, and medical care.Exception:This order to self-quarantine shall not apply to people traveling in connection with military service, and provide a full name, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas, confinement in jail for a term not to exceed 180 days, Connecticut, Council requests applications for funding from culturally diverse groups that provide services to developmentally disabled individuals, Council requests applications for funding to build the organizational capacity of local self-advocacy groups, Council requests applications for funding to promote access to meaningful work and community engagement for developmentally disabled individuals, Council requests applications for funding to promote community inclusion of developmentally disabled individuals, date of birth, do hereby order the following on a statewide basis effective at noon on March 28, emergency response, Executive Order GA-12: Roadway screening and self-quarantine measures during the COVID-19 disaster, Executive Order GA-14: Statewide continuity of essential services and activities during the COVID-19 disaster, food, from a point of origin or point of last departure in New York, Governor, Governor of Texas, Greg Abbott, health response, home address, including transportation, leaving only to seek medical care or to depart from Texas. During that period, lodging, New 28 TAC §35.2, New Jersey, or both.This executive order shall remain in effect and in full force until modified, or critical-infrastructure functions, or healthcare provider, or in any other state or city as may be proclaimed hereafter, or other approved peace officers, or superseded by the governor.BACKGROUND AND JUSTIFICATIONThe Governor's rationale for issuing Executive Order GA-11 is listed in this week's edition of the Texas Register. , or the City of New Orleans, other than a health department employee, OVERVIEWI, physician, Proclamation 41-3725: Additional states and cities to be covered under Executive Order GA-11's airport screening and quarantine measures, Public Notice - Texas State Plan for Medical Assistance Amendments, Public Notice: Amendment to the Community Living Assistance and Support Services (CLASS) Waiver, Public Notice: Amendment to the Deaf Blind with Multiple Disabilities (DBMD) Waiver, Public Notice: Amendment to the Home and Community-based Services (HCS) Waiver, Public Notice: Amendment to the Medically Dependent Children Program, Public Notice: Amendment to the Texas Home Living (TxHmL) Waiver Program, requiring TDI-regulated health plans to honor new prescription benefit procedures in order to ensure enrollees access to medications during the COVID-19 crisis, rescinded, shall be subject to mandatory self-quarantine for a period of 14 days from the time of entry into Texas or the duration of the person's presence in Texas, such as a residence or a hotel, telephone number, whichever is shorter, whichever is shorter. Each person covered under this order to self-quarantine shall be responsible for all associated costs

  23570 45 15 2367 Executive Order GA-11: Airport screening and self-quarantine measures during the COVID-19 disaster OVERVIEWI, Greg Abbott, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the … Read More

Texas Register October 1, 2021 Volume: 46 Number: 40

Health and Human Services Commission Emergency Rules Re: Renewing 26 TAC §558.961 to allow HCSSAs to purchase, store, and transport COVID-19 vaccines. CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESSUBCHAPTER I. RESPONSE TO COVID-19 AND PANDEMIC-LEVEL COMMUNICABLE DISEASE26 … Read More