Texas Register February 25, 2022 Volume: 47 Number: 8

Texas Register Table of Contents

1 The Governor
- - 1.0.1 Appointments Re:
    - 1.0.1.1 The Governor reappointed two individuals to the Texas Council on Alzheimer’s Disease and Related Disorders.
2 Department of State Health Services
- - 2.0.1 Proposed Rules Re:
    - 2.0.1.1 Amending 25 TAC §§405.261 – 405.265, 405.266 – 405.277, 405.279 to update standards related to actions taken following the deaths of persons served by community mental health centers.
  - 2.0.2 Transferred Rules Re:
3 Texas Department of Licensing and Regulation
- - 3.0.1 Adopted Rules Re:
4 Texas State Board of Examiners of Psychologists
- - 4.0.1 Adopted Rules Re:
    - 4.0.1.1 Amending 22 TAC §463.11 to allow applicants for licensure as a psychologist to petition the Texas State Board of Examiners of Psychologists regarding a deficiency in the applicant’s required supervised experience for licensure.
5 Health and Human Services Commission
- - 5.0.1 Transferred Rules Re:
  - 5.0.2 In Addition Re:
6 Department of Aging and Disability Services
- - 6.0.1 Transferred Rules Re:
    - 6.0.1.1 Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 10, Guardianship Services to Texas Administrative Code, Title 26, Part 1, Chapter 361, Guardianship Services.

The Governor

Appointments Re:

The Governor reappointed two individuals to the Texas Council on Alzheimer’s Disease and Related Disorders.

Appointments for February 16, 2022

Reappointed to the Texas Council on Alzheimer’s Disease and Related Disorders for a term to expire August 31, 2027:

Joe A. Evans, Jr. of Beaumont, Texas
Eddie L. Patton, Jr., M.D. of Houston, Texas

Department of State Health Services

Proposed Rules Re:

Amending 25 TAC §§405.261 – 405.265, 405.266 – 405.277, 405.279 to update standards related to actions taken following the deaths of persons served by community mental health centers.

CHAPTER 405. PATIENT CARE–MENTAL HEALTH SERVICES
SUBCHAPTER K. DEATHS OF PERSONS SERVED BY COMMUNITY MENTAL HEALTH CENTERS
25 TAC §§405.261 – 405.265, 405.266 – 405.277, 405.279

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to the title of Subchapter K in Texas Administrative Code (TAC) Title 25, Chapter 405, relating to Deaths of Persons Served by TXMHMR Facilities or Community Mental Health and Mental Retardation Centers; amendments to §405.261, concerning Purpose, §405.262 concerning Application, §405.263, concerning Definitions, §405.266, concerning Community Centers: Actions Taken upon the Death of Persons Served, §405.268 concerning Facility Community-Based Services and Community Centers: General Guidelines upon Death of a Person Served, §405.269, concerning Facility Campus-Based Programs, Facility Community-Based Services and Community Centers: Administrative Death Review Determination, §405.272, concerning Facility Community-Based Services and Community Centers: Clinical Death Review Determination, §405.274, concerning Community Centers: Clinical Death Review, §405.275, concerning Facility Campus-Based Programs, Facility Community-Based Services, and Community Centers: Administrative Death Review, §405.276 concerning Reporting of Systemic Issues Emerging from Death Reviews; and repeal of §405.264, concerning Facility Campus-Based Programs: Actions Taken upon the Death of Person Served; §405.265, concerning Facility Community-Based Services: Actions Taken upon the Death of Person Served; §405.267, concerning Facility Campus-Based Programs: Statutory Requirements; §405.270, concerning Facility Campus-Based Programs and Facility Community-Based Services: Clinical Death Review Committee; §405.271, concerning Facility Campus-Based Programs: Clinical Death Review Determination; §405.273, concerning Facility Campus-Based Programs and Facility Community-Based Services: Clinical Death Review, §405.277, concerning Distribution, and §405.279, concerning References.

BACKGROUND AND JUSTIFICATION

The current TAC provisions reflect internal agency practices that are being updated at the discretion of the State Hospital System Administration. Pursuant to Government Code Section 531.008(c)(5) the HHSC facilities division was created “for the purpose of administering state facilities, including state hospitals and state supported living centers.” In furtherance of this purpose, the State Hospital System is voluntarily participating in a Patient Safety Evaluation System. The updated agency practices are intended to implement the Patient Safety and Quality Improvement Act (42 U.S.C. §299, et seq.) and related agency regulations by the United States Department of Health and Human Services (42 C.F.R. Part 3).

HHSC is making amendments and repeals to this subchapter related to the facility references (which included state hospitals, state schools and state centers per rule definitions) and is not modifying or repealing language or requirements regarding community center death reviews.

This project will repeal the sections, references, and language related to the internal process by which reviews of deaths in state hospitals occur. The process of reviewing deaths occurs through a federally chartered Patient Safety Organization operated by the Texas A&M University Rural and Community Health Institute. Accordingly, the state hospital system has implemented through its Governing Body an operating procedure that outlines the updated process and procedure for the review process.

SECTION-BY-SECTION SUMMARY

The proposed amendment to the name of 25 TAC 405, Subchapter K, Deaths of Persons Served by TXMHMR Facilities or Community Mental Health and Mental Retardation Centers, updates the agency name to HHSC and the reference to community mental health centers and removes the reference to facilities. The name is amended to read “Deaths of Persons Served by Community Mental Health Centers.”
The proposed amendment to §405.261, Purpose, removes the reference to facilities.
The proposed amendment to §405.262, Application, removes the reference to facilities.
The proposed amendment to §405.263, Definitions, deletes “department,” “duty physician,” “facility,” “facility community-based services,” “person in charge,” and “TXMHMR.”
The proposed repeal of §405.264, Facility Campus-Based Programs: Actions Taken upon the Death of Person Served, deletes the rule as no longer necessary.
The proposed repeal of §405.265, Facility Campus-Based Services: Actions Taken upon the Death of Person Served, deletes the rule as no longer necessary.
The proposed amendment to §405.266, Community Centers: Actions Taken upon the Death of Persons Served, removes the reference to facilities and updates the agency name.
The proposed repeal of §405.267, Facility Campus-Based Programs: Statutory Requirements, deletes the rule as no longer necessary.
The proposed amendment to §405.268, Facility Community-Based Services and Community Centers: General Guidelines upon the Death of Persons Served, removes the reference to facilities in the title and text of the rule.
The proposed amendment to §405.269, Facility Campus-Based Programs, Facility Community-Based Services and Community Centers: Administrative Death Review Determination, removes the reference to facilities and updates the agency name to HHSC.
The proposed repeal of §405.270, Facility Campus-Based Programs and Facility Community-Based Services: Clinical Death Review Committee, deletes the rule as no longer necessary.
The proposed repeal of §405.271, Facility Campus-Based Programs: Clinical Death Review Determination, deletes the rule as no longer necessary.
The proposed amendment to §405.272, Facility Community-Based Services and Community Centers: Clinical Death Review Determination, removes the reference to facilities.
The proposed repeal of §405.273, Facility Campus-Based Programs and Facility Community-Based Services: Clinical Death Review, deletes the rule as no longer necessary.
The proposed amendment to §405.274, Community Centers: Clinical Death Review, updates agency name references for HHSC and Department of Family and Protective Services and updates organizational structure references.
The proposed amendment to §405.275, Facility Community-Based Programs, Facility Community-Based Services, and Community Centers: Administrative Death Review, removes the reference to facilities and updates the agency name and organizational structure references.
The proposed amendment to §405.276, Reporting of Systemic Issues Emerging from Death Reviews, removes the reference to facilities and updates the agency name.
The proposed repeal to §405.277, Distribution, deletes the rule as no longer necessary.
The proposed repeal of §405.279, References, deletes the rule as no longer necessary.
Some edits are made to update references.

Transferred Rules Re:

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 37, Maternal and Infant Health Services, Subchapter F, Hemophilia Assistance Program to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 354, Hemophilia Assistance Program.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 37, Maternal and Infant Health Services, Subchapter F, Hemophilia Assistance Program, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 354, Hemophilia Assistance Program.

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 37, Maternal and Infant Health Services, Subchapter K, Epilepsy Program to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 355, Epilepsy Program.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 37, Maternal and Infant Health Services, Subchapter K, Epilepsy Program, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 355, Epilepsy Program.

The rules will be transferred in the Texas Administrative Code effective March 15, 2022.

Transferring the DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 38, Children with Special Health Care Needs Services Program to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 351, Children with Special Health Care Needs Services Program.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 38, Children with Special Health Care Needs Services Program, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 351, Children with Special Health Care Needs Services Program.

The rules will be transferred in the Texas Administrative Code effective March 15, 2022.

Texas Department of Licensing and Regulation

Adopted Rules Re:

Amending 16 TAC §130.40, §130.42 to clarify application and other requirements for obtaining a Doctor of Podiatric Medicine License.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER D. DOCTOR OF PODIATRIC MEDICINE
16 TAC §130.40, §130.42

OVERVIEW

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter D, §130.40 and §130.42; Subchapter F, §130.60, and the repeal of an existing rule at Subchapter F, §130.61, regarding the Podiatry program, without changes to the proposed text as published in the October 22, 2021, issue of the Texas Register (46 Tex Reg 7132). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 130 implement Texas Occupations Code, Chapter 202, Podiatrists.

The adopted rules implement Texas Occupations Code §202.261 by establishing a limited faculty license type, harmonize the waiver provisions for licensure between the full and provisional license rules, establish the fee and license term for a limited faculty license, and repeal an expired transition rule for license fees. The adopted rules are necessary to implement the limited faculty license for the opening of Texas’s first podiatry school, the University of Texas Rio Grande Valley School of Podiatry. Additionally, the adopted rules are necessary to harmonize the provisions allowing the Department’s executive director to waive the requirements for the Graduate Podiatric Medical Education (GPME) and National Board Part III (formerly known as PM Lexis). These waiver provisions are currently found in the provisional license rule (§130.43) and are being copied to the normal doctor of podiatric medicine license rule (§130.40). These waiver provisions were inadvertently left out when the podiatry program was transferred from the Texas State Board of Podiatric Medicine to the Department. They continue to be relevant as other states did not implement the requirements for the GPME or National Board Part III until after Texas, hampering the application process for podiatrists licensed in other jurisdictions. Finally, the adopted rules repeal the transition rule for two-year license terms (§130.61), which expired on August 31, 2020.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §130.40, Doctor of Podiatric Medicine License – General Requirements and Application. The adopted rules amend the title of the rule to “Doctor of Podiatric Medicine License – General Requirements and Application; Limited Faculty License.” The adopted rules make clarifying changes in subsection (a), add a new subsection (b) outlining the issuance of limited faculty licenses as provided by Texas Occupations Code §202.261, add new subsections (c), (d) and (e) containing the waiver provisions for the GPME and National Board Part III requirements from the existing provisional license rule (§130.43), and reletter the other subsections accordingly.
The adopted rules amend §130.42, Doctor of Podiatric Medicine License–Term; Renewal, by adding a new subsection (d). The new subsection outlines the term of the limited faculty license, which is the same as a normal doctor of podiatric medicine license term except that the Department may terminate the license immediately upon receiving notice that the faculty appointment of the podiatrist holding the limited faculty license has been terminated.

Amending 16 TAC §130.60 to describe the initial license fee and renewal fee for the new limited faculty license.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER F. FEES
16 TAC §130.60

OVERVIEW

The adopted rules amend §130.60, Fees, by adding new paragraphs (7) and (8) in subsection (b). These new paragraphs outline the initial license fee ($125) and renewal fee ($60) for the new limited faculty license. The other paragraphs are renumbered accordingly.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 130 implement Texas Occupations Code, Chapter 202, Podiatrists.

Repealing 16 TAC §130.60 to remove the transition rules for two-year license terms.

CHAPTER 130. PODIATRIC MEDICINE PROGRAM
SUBCHAPTER F. FEES
16 TAC §130.60

OVERVIEW

The adopted rules repeal §130.61, Transition Rule for Two-year License Terms, a rule which expired on August 31, 2020. The rule is no longer necessary as the transition to two-year licenses has been completed.

BACKGROUND AND JUSTIFICATION

The rules under 16 TAC Chapter 130 implement Texas Occupations Code, Chapter 202, Podiatrists.

Texas State Board of Examiners of Psychologists

Adopted Rules Re:

Amending 22 TAC §463.11 to allow applicants for licensure as a psychologist to petition the Texas State Board of Examiners of Psychologists regarding a deficiency in the applicant’s required supervised experience for licensure.

CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER B. LICENSING REQUIREMENTS
22 TAC §463.11

OVERVIEW

The Texas Behavioral Health Executive Council adopts amendments to §463.11, relating to Supervised Experience Required for Licensure as a Psychologist. In response to public comments, §463.11 is adopted with changes to the proposed text as published in the October 1, 2021, issue of the Texas Register (46 Tex Reg 6468) and will be republished below.

BACKGROUND AND JUSTIFICATION

The adopted amendment is intended to allow applicants for licensure as a psychologist to petition the Texas State Board of Examiners of Psychologists regarding a deficiency in the applicant’s required supervised experience for licensure. The Board can then examine the applicant and either approve, deny, or condition the approval on reasonable terms and conditions designed to ensure the applicant’s education, training, and experience provide reasonable assurance that the applicant has the knowledge and skills necessary for entry-level practice as a licensed psychologist. Prior to submitting such a petition, an applicant must have completed at least 1,500 hours of supervised experience in a formal internship, obtained a doctoral degree in psychology, completed at least 1,500 hours of supervised experience following conferral of a doctoral degree, and obtained a passing score on all requisite examinations, the jurisprudence examination and the EPPP. If an applicant has not met these minimum requirements then an applicant is not eligible to submit the petition described in the adopted amendment. In response to public comments, this rule is being adopted with changes to clarify that licensure requirements are not being waived for any applicants, but if applicants have a deficiency and they meet the criteria of this rule then they can petition to remediate the deficiency, so long as it does not conflict with any applicable laws and would not adversely affect the public welfare.

Health and Human Services Commission

Transferred Rules Re:

Transferring DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 37, Maternal and Infant Health Services, Subchapter F, Hemophilia Assistance Program to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 354, Hemophilia Assistance Program.

OVERVIEW

The rules will be transferred in the Texas Administrative Code effective March 15, 2022.

Transferring DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 37, Maternal and Infant Health Services, Subchapter K, Epilepsy Program HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 355, Epilepsy Program.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 37, Maternal and Infant Health Services, Subchapter K, Epilepsy Program, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 355, Epilepsy Program.

The rules will be transferred in the Texas Administrative Code effective March 15, 2022.

Transferring DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 38, Children with Special Health Care Needs Services Program to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 351, Children with Special Health Care Needs Services Program.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, certain functions previously performed by the Department of State Health Services (DSHS), including client services, certain regulatory functions, and the operation of state hospitals, transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code, §531.0201 and §531.02011. The DSHS rules in Texas Administrative Code, Title 25, Part 1, Chapter 38, Children with Special Health Care Needs Services Program, that are related to these transferred functions, are being transferred to HHSC under Texas Administrative Code, Title 26, Part 1, Chapter 351, Children with Special Health Care Needs Services Program.

The rules will be transferred in the Texas Administrative Code effective March 15, 2022.

Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 10, Guardianship Services to Texas Administrative Code, Title 26, Part 1, Chapter 361, Guardianship Services.

OVERVIEW

During the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished, and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011. The former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 10, Guardianship Services, are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 361, Guardianship Services.

The rules will be transferred in the Texas Administrative Code effective March 15, 2022.

In Addition Re:

Corrected Public Notice: Texas State Plan for Medical Assistance Amendment

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. This corrected notice updates fiscal data published in the Texas Register on February 18, 2022.

BACKGROUND AND JUSTIFICATION

The purpose of the amendment is to make clarifying revisions to the inflation projection methodology for the DAHS, HCBS, Intermediate Care Facilities for Individuals with an Intellectual Disability (ICF/IID), NF, and PHC programs. A revision will also be made to the nursing wage inflation methodology, which will affect only the DAHS, HCBS, ICF/IID, and NF programs.

The proposed amendments are effective March 1, 2022.

Information about the proposed changes can be found in the September 17, 2021, issue of the Texas Register at (46 Tex Reg 6002) at http://www.sos.state.tx.us/texreg/index.shtml.

Interested parties may obtain additional information or a free copy of the proposed amendments from Holly Freed, State Plan Team Lead, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 428-1932; by facsimile at (512) 730-7472; or by email at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. Copies of the proposed amendments will be available for review at the local county offices of HHSC, (which were formerly the local offices of the Texas Department of Aging and Disability Services).

Public Notice Amendment to the Youth Empowerment Services (YES) Waiver Application

OVERVIEW

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Youth Empowerment Services (YES) Program. HHSC administers the YES Program under the authority of Section 1915(c) of the Social Security Act. CMS has approved the YES waiver application through March 31, 2023. The proposed effective date for the amendment is August 1, 2022, and does not affect the cost neutrality of the waiver.

BACKGROUND AND JUSTIFICATION

One purpose of the request to CMS is to allow an additional category of HHSC staff to review and make a recommendation regarding level of care, as set forth in Appendix B-6 C and F related to the Evaluation/ Reevaluation of Level of Care.

Currently, the YES waiver application requires a licensed practitioner of the healing arts (LPHA) to review and make a recommendation regarding level of care. An LPHA is a physician, licensed clinical social worker, advanced practice registered nurse, physician assistant, licensed marriage and family therapist, licensed professional counselor or licensed psychologist.

HHSC is requesting that a person who meets the following qualifications also be allowed to review and make a recommendation regarding level of care:

1) have a Bachelor’s degree, a Master’s preferred, from a U.S. accredited college or university in health services, business administration, human services, public policy, social work or related areas; and

2) complete HHSC-approved training in evaluating individuals for the YES waiver program.

If CMS grants HHSC’s request, both an LPHA and a person who meets the qualifications in (1) and (2) above would be allowed to review and make a recommendation regarding level of care.

Another purpose of the request to CMS is to update Appendix B, section B-6 to reflect the current process for level of care evaluations and reevaluations. The current YES waiver application does not provide an accurate description of the process for level of care evaluations and reevaluations in response to the question presented in this section. Appendix B, section B-6, as updated, reads as follows:

Process for Level of Care Evaluation/Reevaluation

The local mental or behavioral health authority completes the Uniform Assessment and requests a level of care determination for an applicant, or annually for an enrolled participant, by electronically submitting the initial or renewal Uniform Assessment, via the Clinical Management for Behavioral Health Services database system, indicating the recommended level of care. The process for evaluation and annual reevaluation is the same.

A level of care determination must be made by HHSC in accordance with criteria specified in B-6.c of this Appendix and is assigned based on information submitted electronically via the Clinical Management for Behavioral Health Services system utilizing the Uniform Assessment. Information on the Uniform Assessment must be supported by current data obtained from standardized evaluations and formal assessments that measure physical, emotional, social, and cognitive factors.

The YES Program is designed to provide home and community-based services to children with serious emotional disturbances and their families, with a goal of reducing or preventing children’s inpatient psychiatric treatment and the consequent removal from their families. The program currently serves eligible children who are at least three years of age and under 19 years of age.

Public Notice – Texas State Plan Amendment

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendment is effective January 1, 2022.

BACKGROUND AND JUSTIFICATION

The purpose of the amendment is to conform the state plan to Section 210 of the Consolidated Appropriations Act, 2021 (Public Law 116-260). Section 210 amended section 1905(a) of the Social Security Act (the Act), by adding to the definition of medical assistance a new benefit at section 1905(a)(30) for routine patient costs for items and services furnished in connection with participation by Medicaid beneficiaries in qualifying clinical trials, subject to further provisions in a new section 1905(gg). Section 210 also amended sections 1902(a)(10)(A) and 1937(b)(5) of the Act to make coverage of this new benefit mandatory under the state plan with respect to items and services furnished on or after January 1, 2022.

Interested parties may obtain additional information and/or a free copy of the proposed amendments by contacting Shae James, State Plan Coordinator, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; or by email at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. Copies of proposed amendment will be available for review at the local county offices of HHSC, (which were formerly the local offices of Texas Department of Aging and Disability Services).

Department of Aging and Disability Services

Transferred Rules Re:

Transferring the former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 10, Guardianship Services to Texas Administrative Code, Title 26, Part 1, Chapter 361, Guardianship Services.

OVERVIEW

The rules will be transferred in the Texas Administrative Code effective March 15, 2022.