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

Texas Register Table of Contents

 


Governor

Appointments

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 Vanessa F. Hicks-Callaway of Victoria, who resigned).


Governor

Appointments

Governor appoints reappoints three members and appoints four new members to the Housing and Health Services Coordination Council

Appointments for April 27, 2020Appointed to the Housing and Health Services Coordination Council, for terms to expire September 1, 2021: Kenneth Darden of Livingston, Texas (Mr. Darden is being reappointed)Diana G. Delaunay of Arroyo City, Texas (replacing Kenneth R. “Kenny” Koncaba, Jr. of Friendswood, whose term expired)Jennifer M. “Jenn” Gonzalez, Ph.D. of Dallas, Texas (replacing Paula Jean Margeson of Garden Grove, whose term expired)Derrick L. Neal of Georgetown, Texas (replacing Amy R. Granberry of Portland, whose term expired)Michael R. “Mike” Goodwin of Boerne, Texas (Mr. Goodwin is being reappointed)Doni K. Green of Bedford, Texas (Ms. Green is being reappointed)Donna S. Klaeger of Horseshoe Bay, Texas (replacing Mark A. Mayfield of Marble Falls, whose term expired)


Governor

Notices

Executive Order GA-18: Governor permits certain business establishments to reopen in limited capacity amid 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 State of Texas, do hereby order the following on a statewide basis effective immediately, and continuing through May 15, 2020, subject to extension based on the status of COVID-19 in Texas and the recommendations of the Governor’s Strike Force to Open Texas, the White House Coronavirus Task Force, and the CDC:(A list of “reopened services” is detailed in this week’s edition of the Texas Register.)In relevant part, Executive Order GA-18 provides that, despite the reopening of some establishments, in accordance with the Guidelines from the President and the CDC, people shall not visit nursing homes, state supported living centers, assisted living facilities, or long-term care facilities unless to provide critical assistance as determined through guidance from the Texas Health and Human Services Commission (HHSC). Nursing homes, state supported living centers, assisted living facilities, and long-term care facilities should follow infection control policies and practices set forth by the HHSC, including minimizing the movement of staff between facilities whenever possible.BACKGROUND AND JUSTIFICATION The Governor’s rationale for issuing Executive Order GA-18 is listed in this week’s edition of the Texas Register. 


State Board of Dental Examiners

Emergency Rule

Amending 22 TAC §108.7 to dictate the minimum standards for safe practice during the COVID-19 disaster

CHAPTER 108. PROFESSIONAL CONDUCTSUBCHAPTER A. PROFESSIONAL RESPONSIBILITY22 TAC §108.7OVERVIEWThe State Board of Dental Examiners (Board) adopts on an emergency basis an amendment to 22 TAC §108.7, in response to the COVID-19 disaster declaration. The amendment is being made pursuant to Executive Order GA 19, and dictates the minimum standards for safe practice during the COVID-19 disaster.The amended definitions are applicable only for purposes of the COVID-19 disaster declaration and shall only remain effective until the COVID-19 disaster declaration is terminated.BACKGROUND AND JUSTIFICATIONThis rule is adopted on an emergency basis due to the imminent peril to the public health, safety and welfare caused by failure to adhere to the minimum standards for safe practice during the COVID-19 pandemic.The emergency rule amendment is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.In addition, the emergency rule amendment is adopted on an emergency basis pursuant to Texas Government Code §2001.034, which authorizes the adoption of a rule on an emergency basis without prior notice and comment based upon a determination of imminent peril to the public health, safety or welfare.


Texas Medical Board

Emergency Rule

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

CHAPTER 190. DISCIPLINARY GUIDELINESSUBCHAPTER B. VIOLATION GUIDELINES22 TAC §190.8OVERVIEWThe Texas Medical Board (Board) adopts on an emergency basis the emergency amendment to 22 TAC §190.8(2)(U) for purposes of the COVID-19 disaster declaration. The amendment is being made as a result of Executive Order GA-19 and adds a definition of “Unprofessional and Dishonorable Conduct” under 22 TAC §190.8(2)(U).The amended definition of unprofessional and dishonorable conduct is applicable only for purposes of the COVID-19 disaster declaration and Executive Order GA-19 and shall remain effective unless Executive Order GA-19 is terminated, modified, or extended by the Governor.BACKGROUND AND JUSTIFICATIONThe amended rule is adopted on an emergency basis due to the imminent peril to the public health, safety and welfare caused by potential unnecessary exposure of both patients and health care professionals in undertaking and performing health care during the COVID-19 pandemic.The emergency rule amendment is adopted under the authority of the Texas Occupations Code, §153.001, which provides authority for the Board to recommend and adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine; and enforce this subtitle.In addition, the emergency rule amendment is adopted on an emergency basis pursuant to Texas Government Code §2001.034, which authorizes the adoption of a rule on an emergency basis without prior notice and comment based upon a determination of imminent peril to the public health, safety or welfare.


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §500.3, temporarily permitting a currently licensed hospital to designate part of its facility for use as an off-site facility by another hospital

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER A. HOSPITALS26 TAC §500.3OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 500, COVID-19 Emergency Health Care Facility Licensing, new §500.3, concerning an emergency rule in response to COVID-19 on the designation of licensed hospital space to allow hospitals to treat and house patients more effectively.To protect current and future patients in health care facilities and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting an emergency rule to temporarily permit a currently licensed hospital to designate a specific part of its hospital for use as an off-site facility by another hospital, and to allow another currently licensed hospital to apply to use that designated hospital space as an off-site facility for inpatient care.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 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, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for the designation of licensed hospital space in response to COVID-19.As authorized by Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing if it finds that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. The Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §500.43, temporarily permitting Chemical Dependency Treatment Facilities to provide treatment services through internet or telephone communications

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER D. CHEMICAL DEPENDENCY TREATMENT FACILITIES26 TAC §500.43OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 500 COVID-19 Emergency Health Care Facility Licensing, new §500.43, concerning an emergency rule in response to COVID-19 on service delivery via two-way, real-time internet or telephone communications in order to reduce the risk of transmission of COVID-19. To protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting this emergency rules to temporarily permit a licensed CDTF to provide treatment services through two-way, real-time internet or telephone communications to clients in order to reduce the risk of transmission of COVID-19.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 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, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these emergency rules for CDTF Service Delivery Through Two-Way, Real-Time Internet or Telephone Communications in Response to COVID-19 and Treatment Planning and Service Provision Documentation Deadlines in Response to COVID-19.As authorized by Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §500.44, temporarily extending certain documentation deadlines for Chemical Dependent Treatment Facilities

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER D. CHEMICAL DEPENDENCY TREATMENT FACILITIES26 TAC §500.44OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 500 COVID-19 Emergency Health Care Facility Licensing, new §500.44, concerning an emergency rule in response to COVID-19 on treatment planning and service provision documentation deadlines in order to provide chemical dependency treatment facilities (CDTFs) additional time to document service delivery, as counselor caseloads may have increased in intensive residential treatment programs.To protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting this emergency rule to extend treatment planning and service provision documentation deadlines to provide CDTFs additional time to document service delivery, as counselor caseloads may have increased in intensive residential treatment programs.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 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, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these emergency rules for CDTF Service Delivery Through Two-Way, Real-Time Internet or Telephone Communications in Response to COVID-19 and Treatment Planning and Service Provision Documentation Deadlines in Response to COVID-19.As authorized by Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §500.51, temporarily permitting the supervision of licensed Chemical Dependency Counselor interns through internet or telephone communications

CHAPTER 500. COVID-19 EMERGENCY HEALTH CARE FACILITY LICENSINGSUBCHAPTER E. LICENSED CHEMICAL DEPENDENCY COUNSELORS26 TAC §500.51OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 500 COVID-19 Emergency Health Care Facility Licensing, new §500.51, concerning an emergency rule for supervision of licensed chemical dependency counselor (LCDC) interns in response to COVID-19 in order to permit supervisors of interns to provide required supervision through the use of two-way, real-time internet or telephone communications to reduce the risk of transmission of COVID-19. To protect patients and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting this emergency rule to temporarily permit: Counselor interns with more than 1,000 hours of supervised work experience to provide services in person or through two-way, real-time internet or telephone communications;Supervisors of LCDC interns with less than 2,000 hours of supervised work experience to provide supervision in person or through two-way, real-time internet or telephone communications; and A certified clinical supervisor, or the clinical training institution coordinator or intern’s supervising qualified credentialed counselor at a clinical training institution, to provide supervision to a counselor intern using two-way, real-time internet or telephone communications to observe and document the intern performing assigned activities and to provide and document one hour of face-to-face individual or group supervision.BACKGROUND AND JUSTIFICATIONThe purpose of the emergency rulemaking is to support the Governor’s March 13, 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, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Supervision of LCDC Interns in Response to COVID-19.As authorized by Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.


Texas Health and Human Services Commission

Proposed Rules

Amending 1 TAC §372.1513 to update the distribution schedule for disbursement of SNAP benefits

CHAPTER 372. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAMSSUBCHAPTER F. BENEFITSDIVISION 1. BENEFITS IN GENERAL1 TAC §372.1513OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §372.1513, concerning Availability of Monthly Benefits.The proposed amendment to §372.1513 changes the distribution schedule, making SNAP benefits available during the first 28 days of the month rather than the first 15 days. The amendment also clarifies that TANF benefits are available during the first 3 days of the month and removes the correlated SNAP and Temporary Assistance for Needy Families (TANF) distribution schedules.BACKGROUND AND JUSTIFICATIONThe purpose of the proposal is to comply with House Bill 1218, 86th Legislature, Regular Session, 2019, which requires HHSC to distribute Supplemental Nutrition Assistance Program (SNAP) benefits across a 28-day period for new SNAP households certified on or after September 1, 2020.

Texas Health and Human Services Commission

Proposed Rules

Amending 1 TAC §§377.201 – 377.211 to ensure that operational standards for local Children’s Advocacy Centers are aligned with statewide policy

CHAPTER 377. CHILDREN’S ADVOCACY PROGRAMSSUBCHAPTER C. STANDARDS OF OPERATION FOR LOCAL CHILDREN’S ADVOCACY CENTERS1 TAC §§377.201, 377.203, 377.205, 377.207, 377.209, 377.211OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to the follow sections:§377.201, concerning Purpose and Definitions§377.203, concerning Legal Authorization§377.205, concerning Applicability§377.207, concerning Contract with Statewide Children’s Advocacy Center Organization§377.209, Contracts with Local Children’s Advocacy Centers§377.211, concerning Operation of Local Children’s Advocacy Center and ProgramThe purpose of amending these rules is to reflect the changes Senate Bill 821 made to the Texas Family Code. Additionally, the amendments will more clearly align the rules with current practices, standards, services, and operations of the statewide children’s advocacy center organization and local CACs in Texas.BACKGROUND AND JUSTIFICATIONChildren’s advocacy centers (CACs) were codified in statute under the Texas Family Code §§264.401-264.411 in 1995. At that time, Children’s Advocacy Centers of Texas, Inc. (CACTX) was an administrative board for 13 CACs that were in existence. Since that time, the number of CACs have grown, with 71 CACs serving 208 of 254 counties in Texas. HHSC has contracted with CACTX as the statewide organization providing children’s advocacy services since fiscal year 2016. Previously, the Office of the Attorney General contracted with CACTX to provide these services.


Texas Department of State Health Services

Proposed Rules

New 25 TAC, Chapter 300, establishing the DSHS Hemp Program and related regulations for the manufacture, processing, and distribution of consumable hemp products

CHAPTER 377. CHILDREN’S ADVOCACY PROGRAMSCHAPTER 300. MANUFACTURE, DISTRIBUTION, AND RETAIL SALE OF CONSUMABLE HEMP PRODUCTSOVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §§300.100 – 300.104, 300.201 – 300.203, 300.301 – 300.303, 300.401 – 300.404, 300.501, 300.502, and 300.601 – 300.606 in new Chapter 300, concerning the Manufacture, Distribution, and Retail Sale of Consumable Hemp Products.BACKGROUND AND JUSTIFICATIONThe purpose of the proposal is to comply with House Bill (H.B.) 1325, 86th Legislature, Regular Session, 2019, which added Texas Health and Safety Code, Chapter 443, relating to the manufacture, distribution, and sale of consumable hemp products.Under the authority of Texas Health and Safety Code, Chapter 443, the DSHS Hemp Program regulates the manufacture, processing, distribution, and sale of consumable hemp products. Hemp Program regulations are intended to ensure that consumable hemp products are safe to consume and properly labeled. The Hemp Program requires and issues a license for the manufacture, processing, and distribution of consumable hemp products, and a registration of retailers of consumable hemp products.SECTION-BY-SECTION SUMMARYProposed Subchapter A creates rules related to General Provisions by implementing §300.100, Purpose; §300.101, Definitions; §300.102, Applicability of Other Rules and Regulations; §300.103, Inspections; and §300.104, Manufacture, Processing, Distribution, and Retail Sale of Hemp Products for Smoking.Proposed Subchapter B creates rules related to Manufacture, Processing, and Distribution of Consumable Hemp Products by implementing §300.201, Application for License or Renewal; §300.202, License Term and Fees; and §300.203, Access to Records.Proposed Subchapter C creates rules related to the Testing of Consumable Hemp Products by implementing §300.301, Testing Required; §300.302, Sample Analysis of Consumable Hemp and Certain Cannabinoid Oils; and §300.303, Provisions Related to Testing.Proposed Subchapter D creates rules related to the Retail Sale of Consumable Hemp Products by implementing §300.401, Possession, Distribution and Sale of Consumable Hemp Products; §300.402, Packaging and Labeling Requirements; §300.403, Retail Sale of Out-of-State Consumable Hemp Products; and §300.404, Transportation and Exportation of Consumable Hemp Products Out-of-State.Proposed Subchapter E creates rules related to the Registration for Retailers of Consumable Hemp Products by implementing §300.501, Registration Required for Retailers of Certain Products and §300.502, Application.Proposed Subchapter F creates rules related to the Enforcement of Chapter 300 by implementing §300.601, Violation of Department License or Registration Requirement; §300.602, Prohibited Acts; §300.603, Detained or Embargoed Article; §300.604, Destruction of Article; §300.605, Correction by Proper Labeling or Processing; and §300.606, Administrative Penalty.


State Board of Dental Examiners

Withdrawn Rule

Withdrawing emergency rule 22 TAC §108.9, 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

CHAPTER 108. PROFESSIONAL CONDUCTSUBCHAPTER A. PROFESSIONAL RESPONSIBILITY22 TAC §108.9The State Board of Dental Examiners withdraws the emergency adoption of the amendment to §108.9, which appeared in the May 1, 2020, issue of the Texas Register (45 TexReg 2767).The withdrawn emergency rule had temporarily expanded the definition of dishonorable conduct to include the failure to postpone elective surgeries or operations in violation of Executive Order GA-15. 


Texas Medical Board

Withdrawn Rule

Withdrawing emergency rule 22 TAC §190.8, which had temporarily considered the failure to postpone elective surgeries or operations in violation of Executive Order GA-15 as grounds for disciplinary actio

CHAPTER 190. DISCIPLINARY GUIDELINESSUBCHAPTER B. VIOLATION GUIDELINES22 TAC §190.8The Texas Medical Board withdraws the emergency adoption of the amendment to §190.8, which appeared in the May 1, 2020, issue of the Texas Register (45 TexReg 2768).The withdrawn emergency rule had temporarily considered the failure to postpone elective surgeries or operations in violation of Executive Order GA-15 as grounds for disciplinary action.


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medicaid Biennial Calendar Fee Review

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 27, 2020, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for the Medicaid Biennial Calendar Fee Review.The payment rates for the Medicaid Biennial Calendar Fee Review are proposed to be effective September 1, 2020, for the following services:Cardiovascular System SurgeryDigestive System SurgeryEye and Ocular Adnexa SurgeryG CodesPhysician Administered Drugs – Non-OncologyPhysician Administered Drugs – VaccinesProton TherapyT CodesUrinary System SurgeryVision DevicesEnd Date Procedure Code ListHEARING PROCEDUREThe public hearing is tentatively scheduled to be held in the HHSC Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.However, in the event of a continued state of disaster related to COVID-19 and directions to limit in-person contact, this hearing may be conducted remotely with no physical entry permitted. If the hearing is conducted remotely, it will be hosted online with comments accepted online or by phone. Further guidance will be posted on the HHSC website at the link cited above.ADDITIONAL INFORMATIONA briefing packet describing the proposed payments rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after May 12, 2020. Interested parties may obtain a copy of the briefing packet prior to the hearing by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RADAcuteCare@hhsc.state.tx.us. The briefing packet will also be available at the public hearing in the event a hearing is held in person.


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Quarterly Healthcare Common Procedure Coding System (HCPCS) Updates

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 27, 2020, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for the Quarterly HCPCS Updates.The payment rates for the Quarterly HCPCS Updates are proposed to be effective September 1, 2020, for the following services: Physician Administered Drugs.HEARING PROCEDUREThe public hearing is tentatively scheduled to be held in the HHSC Public Hearing Room, Brown-Heatly Building, located at 4900 North Lamar Blvd., Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. HHSC will broadcast the public hearing; the broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings. The broadcast will be archived and can be accessed on demand at the same website. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.However, in the event of a continued state of disaster related to COVID-19 and directions to limit in-person contact, this hearing may be conducted remotely with no physical entry permitted. If the hearing is conducted remotely, it will be hosted online with comments accepted online or by phone. Further guidance will be posted on the HHSC website at the link cited above.ADDITIONAL INFORMATIONA briefing packet describing the proposed payments rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after May 12, 2020. Interested parties may obtain a copy of the briefing packet prior to the hearing by contacting Rate Analysis by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at RADAcuteCare@hhsc.state.tx.us. The briefing packet will also be available at the public hearing in the event a hearing is held in person.


Texas Health and Human Services Commission

In Addition

State Had Requested Amendment to the Texas Healthcare Transformation Quality Improvement (THTQIP) Waiver

In light of the public health emergency resulting from the impact of COVID-19, the Health and Human Services Commission (HHSC) submitted a request to the Centers for Medicare & Medicaid Services (CMS) for an amendment to the Texas Healthcare Transformation Quality Improvement Program (THTQIP) waiver under section 1115 of the Social Security Act. CMS has approved the THTQIP waiver through September 30, 2022.HHSC is requesting approval to implement certain flexibilities up through the end of the disaster period. Based on the evolving situation, HHSC continues to determine the most appropriate timeframe for each waiver or modification, which is not to exceed the disaster period.The State Requests waiver or modification of fifteen (15) different regulatory provisions, which are detailed in this week’s edition of the Texas Register.


Texas Department of Insurance

In Addition

Company Licensing: MotivHealth Insurance Company (HMO) has applied to do business in Texas

Application to do business in the state of Texas for MotivHealth Insurance Company, a foreign health maintenance organization (HMO). The home office is in South Jordan, Utah.Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Robert Rudnai, 333 Guadalupe Street, MC 103-CL, Austin, Texas 78701.


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