Texas Register Table of Contents
- 1 Department of Aging and Disability Services
- 2 Texas Medical Disclosure Panel
- 3 Texas Council for Developmental Disabilities
- 3.0.1 In Addition Re:
- 3.0.1.1 Request for Applications: TCDD Health Equity for People with Developmental Disabilities
- 3.0.1.2 Request for Applications: TCDD Leadership Development and Advocacy Training for Youth Self-Advocates
- 3.0.1.3 Request for Applications: TCDD Leadership Development and Advocacy Training in Rural Areas
- 3.0.1.4 Request for Applications: TCDD Leadership Development and Advocacy Training Led by Self-Advocates
- 3.0.1 In Addition Re:
- 4 Texas Health and Human Services Commission
- 5 Department of State Health Services
Department of Aging and Disability Services
Emergency Rules Re:
New 40 TAC §9.597, describing COVID-19 screening and notification requirements for the Texas Home Living program.
CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES
SUBCHAPTER N. TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
40 TAC §9.597
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 40 Texas Administrative Code, Chapter 9, Intellectual Disability Services–Medicaid State Operating Agency Responsibilities, new §9.597, concerning Program Provider Response to COVID-19 Emergency Rule, in order to reduce the risk of transmission of COVID-19.
HHSC is adopting an emergency rule to reduce the risk of spreading COVID-19 to individuals in the Texas Home Living program. This new rule describes the requirements related to screening and allows for evolving recommendations. The new rule also requires TxHmL providers to notify HHSC of new confirmed cases of COVID-19 within 24 hours for infection control purposes so HHSC may begin a desk review.
BACKGROUND AND JUSTIFICATION
As authorized by Texas 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. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.
The 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 Program Provider Response to COVID-19 Emergency Rule.
Texas Medical Disclosure Panel
Proposed Rules Re:
Amending 25 TAC §§601.2, 601.7, 601.8 to update the list of procedures requiring full disclosure of specific risks and hazards.
CHAPTER 601. INFORMED CONSENT
25 TAC §§601.2, 601.7, 601.8
OVERVIEW
The Texas Medical Disclosure Panel (Panel) proposes amendments to §601.2, concerning Procedures Requiring Full Disclosure of Specific Risks and Hazards–List A, §601.7, concerning Informed Consent for Electroconvulsive Therapy, and §601.8 Disclosure and Consent Form for Hysterectomy.
BACKGROUND AND JUSTIFICATION
These amendments are proposed in accordance with Texas Civil Practice and Remedies Code §74.102, which requires the Panel to determine which risks and hazards related to medical care and surgical procedures must be disclosed by health care providers or physicians to their patients or persons authorized to consent for their patients and to establish the general form and substance of such disclosure. Section 601.2 contains the List A procedures requiring disclosure of specific risks and hazards to patients before being undertaken. Section 601.7 contains informed consent for electroconvulsive therapy. Section 601.8 contains the Disclosure and Consent form for hysterectomy.
SECTION-BY-SECTION SUMMARY
- Proposed amendments to §601.2 List A modify the list of procedures and risks and hazards in subsection (b) regarding cardiovascular system; subsection (c) regarding digestive system treatments and procedures; subsection (d) regarding ear system treatments and procedures; subsection (g) female genital system treatments and procedures, and subsection (s) Laparoscopic/Thoracoscopic surgery (including robotic surgery).
- Proposed amendments to §601.7 modify the list of procedures and risks and hazards in Informed Consent for Electroconvulsive Therapy.
- Proposed amendments to §601.8 replace English and Spanish forms in Figure: 25 TAC §601.8(1) and Figure: 25 TAC §601.8(2) for Disclosure and Consent for Hysterectomy.
Texas Council for Developmental Disabilities
In Addition Re:
Request for Applications: TCDD Health Equity for People with Developmental Disabilities
OVERVIEW
The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for up to three organizations to provide training and resources that would improve Health Equity for People with Developmental Disabilities.
BACKGROUND AND JUSTIFICATION
The purpose of offering funding for the projects described in this Request for Applications (RFA) is to improve knowledge among individuals with intellectual and developmental disabilities (IDD), their families, and community resource providers about the accessibility and effectiveness of treatment and supports needed by people with IDD, with emphasis on person-centered planning. Resources, education, and training opportunities would also be developed for physicians and other providers to improve healthcare delivery for patients with IDD. The results of these training programs are to build capacity to provide increased access to care and better health outcomes for people with IDD.
TCDD has approved funding for up to $150,000 for up to three organizations for up to five years. Funds available for these projects are provided to TCDD by the U.S. Department of Health and Human Services, Administration on Intellectual and Developmental Disabilities, pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 10% of the total project costs are required for projects in federally designated poverty areas. Non-federal matching funds of at least 25% of total project costs are required for projects in other areas.
Additional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/ All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.
Proposals must be submitted through https://tcdd.smapply.org/prog/lst/. Proposals are due by 11:59 p.m. on May 27, 2022. Proposals will not be accepted outside of these due dates.
Request for Applications: TCDD Leadership Development and Advocacy Training for Youth Self-Advocates
OVERVIEW
The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for up to four organizations to conduct Leadership Development and Advocacy Training for youth self-advocates.
BACKGROUND AND JUSTIFICATION
The purpose of offering funding for the projects described in this Request for Applications (RFA) is to support leadership training opportunities for young individuals with developmental disabilities (age 14 – 21) to become future leaders, and to expand participation of young individuals with developmental disabilities in cross-disability and culturally diverse leadership coalitions. Training provided by this grant to young self-advocates in the state can promote self-determination in school, work, and social life, and lead to engagement in community capacity building and policy discussions at the state and local level.
TCDD has approved funding for up to $75,000 for up to four organizations for up to five years. Funds available for these projects are provided to TCDD by the U.S. Department of Health and Human Services, Administration on Intellectual and Developmental Disabilities, pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 10% of the total project costs are required for projects in federally designated poverty areas. Non-federal matching funds of at least 25% of total project costs are required for projects in other areas.
Additional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/ All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.
Proposals must be submitted through https://tcdd.smapply.org/prog/lst/. Proposals are due by 11:59 p.m. on May 27, 2022. Proposals will not be accepted outside of these due dates.
Request for Applications: TCDD Leadership Development and Advocacy Training in Rural Areas
OVERVIEW
The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for up to four organizations to conduct Leadership Development and Advocacy Training in Rural Areas of the state.
BACKGROUND AND JUSTIFICATION
The purpose of offering funding for the projects described in this Request for Applications (RFA) is to advance opportunities for more people with intellectual and developmental disabilities (IDD), their families, and other professionals to become strong self-advocates, disability advocates, peer trainers, and community leaders, particularly in rural areas of Texas. As a result, self-advocates, family members and professionals will receive information, connect with resources, and develop policy skills to engage in state and local issues that are important to their families and individuals with IDD they serve.
TCDD has approved funding for up to $75,000 for up to four organizations for up to five years. Funds available for these projects are provided to TCDD by the U.S. Department of Health and Human Services, Administration on Intellectual and Developmental Disabilities, pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 10% of the total project costs are required for projects in federally designated poverty areas. Non-federal matching funds of at least 25% of total project costs are required for projects in other areas.
Additional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/ All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.
Proposals must be submitted through https://tcdd.smapply.org/prog/lst/. Proposals are due by 11:59 p.m. on May 27, 2022. Proposals will not be accepted outside of these due dates.
Request for Applications: TCDD Leadership Development and Advocacy Training Led by Self-Advocates
OVERVIEW
The Texas Council for Developmental Disabilities (TCDD) announces the availability of funds for up to four organizations to conduct Leadership Development and Advocacy Training Led by Self-Advocates.
BACKGROUND AND JUSTIFICATION
The purpose of offering funding for the projects described in this Request for Applications (RFA) is to support opportunities for individuals with developmental disabilities (IDD) to become leaders, and to expand participation of individuals with developmental disabilities in cross-disability and culturally diverse leadership coalitions. Training provided in this grant can promote self-determination and engagement in community capacity building and policy discussions at the state and local level. Self-advocates may also be supported to obtain roles on state and local boards and other advisory bodies for disability advocacy organizations, service providers, and agencies who serve people with IDD. Applicants should be self-advocacy groups and organizations. If the self-advocacy organization cannot serve as the applicant or receive funds, they may partner with an entity who can obtain the award and provide fiscal support. However, the project direction and activities must clearly be led by self-advocates.
TCDD has approved funding for up to $75,000 for up to four organizations for up to five years. Funds available for these projects are provided to TCDD by the U.S. Department of Health and Human Services, Administration on Intellectual and Developmental Disabilities, pursuant to the Developmental Disabilities Assistance and Bill of Rights Act. Funding for the project is dependent on the results of a review process established by TCDD and on the availability of funds. Non-federal matching funds of at least 10% of the total project costs are required for projects in federally designated poverty areas. Non-federal matching funds of at least 25% of total project costs are required for projects in other areas.
Additional information concerning this Request for Applications (RFA) and TCDD is available at https://tcdd.texas.gov/grants-rfas/funding-available-for-grants/. All questions pertaining to this RFA should be directed in writing to TCDD via email at apply@tcdd.texas.gov or via telephone at (512) 437-5432.
Proposals must be submitted through https://tcdd.smapply.org/prog/lst/. Proposals are due by 11:59 p.m. on May 27, 2022. Proposals will not be accepted outside of these due dates.
Texas Health and Human Services Commission
In Addition Re:
Notice of Public Hearing on Proposed Temporary Rate Add-ons for American Rescue Plan Act (ARPA) Home and Community-Based Services (HCBS) Provider Retention Payments
OVERVIEW
The Texas Health and Human Services Commission (HHSC) will conduct a virtual public hearing on April 11, 2022, from 9:00 a.m. to 10:30 a.m. to receive public comments on the proposed temporary add-on rates for American Rescue Plan Act (ARPA) Home and Community-Based Services (HCBS) Provider Retention Payments.
Section 9817 of the ARPA temporarily increases the Federal Medical Assistance Percentage by 10 percentage points, up to 95 percent, for certain allowable HCBS medical assistance expenditures under the Medicaid program beginning April 1, 2021 and ending March 31, 2022. HHSC submitted an initial spending plan and narrative to the Centers for Medicare and Medicaid Services on July 12, 2021 and received partial approval on August 19, 2021. HHSC is providing time-limited reimbursement increases to agency providers and consumer-directed services employers to support recruitment and retention efforts for direct care staff delivering HCBS personal attendant and nursing services. Temporary rate increases will be made on eligible HCBS service claims with dates of service between March 1, 2022 and August 31, 2022.
HEARING DETAILS
This hearing will be available online. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:
https://attendee.gotowebinar.com/register/8108388503240692240, webinar ID: 675-569-211. After registering, you will receive a confirmation email containing information about joining the hearing. You can also dial in using your phone at (415) 930-5321, access code: 696-048-941.
If you are new to GoToWebinar, please download the GoToMeeting app at https://global.gotomeeting.com/install/626873213 before the hearing starts.
BACKGROUND AND JUSTIFICATION
HHSC proposes to increase payment rates for HCBS personal attendant and nursing services delivered between March 1, 2022 and August 31, 2022, to support provider retention payments.
The increased temporary payment rate add-ons for HCBS ARPA provider retention payments are specified under proposed Title 1 of the Texas Administrative Code (1 TAC) Section 355.207, concerning American Rescue Plan Act Home and Community-Based Services Provider Retention Payment.
A briefing packet describing the proposed payment rates will be available at https://pfd.hhs.texas.gov/rate-packets no later than March 25, 2022. Interested parties may also obtain a copy of the briefing packet prior to the hearing by contacting the HHSC Provider Finance Department by telephone at (512) 424-6637, by fax at (512) 730-7475, or by email at PFD-LTSS@hhs.texas.gov.
Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by email to PFD-LTSS@hhs.texas.gov. In addition, written comments may be sent by overnight mail or hand-delivered to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex Building, 4601 W Guadalupe St., Austin, Texas 78751.
Persons with disabilities who wish to participate in the hearing and require auxiliary aids or services should contact Provider Finance at (512) 730-7401 at least 72 hours before the hearing so appropriate arrangements can be made.
Department of State Health Services
In Addition Re:
Licensing Actions for Radioactive Materials
OVERVIEW
During the second half of February 2022, the Department of State Health Services (Department) has taken actions regarding Licenses for the possession and use of radioactive materials as listed in the tables (in alphabetical order by location). The subheading “Location” indicates the city in which the radioactive material may be possessed and/or used. The location listing “Throughout TX [Texas]” indicates that the radioactive material may be used on a temporary basis at locations throughout the state.
For specific details concerning the new licenses issued, see this week’s edition of the Texas Register at 47 Tex Reg 1735-39.
BACKGROUND AND JUSTIFICATION
In issuing new licenses and amending and renewing existing licenses, the Department’s Business Filing and Verification Section has determined that the applicant has complied with the licensing requirements in Title 25 Texas Administrative Code (TAC), Chapter 289, for the noted action. In granting termination of licenses, the Department has determined that the licensee has complied with the applicable decommissioning requirements of 25 TAC, Chapter 289. In granting exemptions to the licensing requirements of Chapter 289, the Department has determined that the exemption is not prohibited by law and will not result in a significant risk to public health and safety and the environment.
A person affected by the actions published in this notice may request a hearing within 30 days of the publication date. A “person affected” is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located, or (b) doing business or has a legal interest in land in the county or adjacent county. 25 TAC §289.205(b)(15); Health and Safety Code §401.003(15). Requests must be made in writing and should contain the words “hearing request,” the name and address of the person affected by the agency action, the name and license number of the entity that is the subject of the hearing request, a brief statement of how the person is affected by the action what the requestor seeks as the outcome of the hearing, and the name and address of the attorney if the requestor is represented by an attorney. Send hearing requests by mail to: Hearing Request, Radiation Material Licensing, MC 2835, PO Box 149347, Austin, Texas 78714-9347, or by fax to: 512-834-6690, or by e-mail to: RAMlicensing@dshs.texas.gov.