Texas Register Table of Contents
Governor
Appointments Re:
The Governor reappointed three individuals to the Texas Board of Physical Therapy Examiners and reappointed one individual to the Executive Council of Physical Therapy and Occupational Therapy Examiners.
Appointments for March 14, 2023
Appointed to the Texas Board of Physical Therapy Examiners for a term to expire January 31, 2029:
- Manual A. “Tony” Domenech, Ed.D., D.P.T. of Austin, Texas (Mr. Domenech is being reappointed).
- Donivan J. Hodge of Spicewood, Texas (Mr. Hodge is being reappointed).
- Omar Palomin, D.P.T. of McAllen, Texas (Mr. Palomin is being reappointed).
Appointments for March 27, 2023
Appointed to the Executive Council of Physical Therapy and Occupational Therapy Examiners for a term to expire February 1, 2025:
- Manoranjan “Mano” Mahadeva of Frisco, Texas (Mr. Mahadeva is being reappointed).
Texas Health and Human Services Commission
Adopted Rules Re:
New 26 TAC §§307.201, 307.203, 307.205, 307.207, 307.209, 307.211, 307.213, 307.215, 307.217, 307.219, 307.221, 307.223, concerning Children’s Mental Health–Residential Treatment Center Project.
CHAPTER 307. BEHAVIORAL HEALTH PROGRAMS
SUBCHAPTER E. CHILDREN’S MENTAL HEALTH–RESIDENTIAL TREATMENT CENTER PROJECT
26 TAC §§307.201, 307.203, 307.205, 307.207, 307.209, 307.211, 307.213, 307.215, 307.217, 307.219, 307.221, 307.223
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts new §307.201, concerning Purpose; §307.203, concerning Application; §307.205, concerning Definitions; §307.207 concerning Eligibility Criteria to Participate in the RTC Project; §307.209, concerning Referral Process; §307.211, concerning Interest List Management; §307.213, concerning Assessing Eligibility; §307.215, concerning Notification and Appeal Process; §307.217, concerning Application Packet; §307.219, concerning Local Mental Health Authority and Local Behavioral Health Authority Requirements; §307.221, concerning Residential Treatment Center Contractor Requirements; and §307.223, concerning Discharge Plan.
Sections 307.205, 307.207, 307.209, 307.211, 307.217, 307.219, and 307.221 are adopted with changes to the proposed text as published in the December 9, 2022, issue of the Texas Register (47 TexReg 8093). These rules will be republished.
Sections 307.201, 307.203, 307.213, 307.215, and 307.223 are adopted without changes to the proposed text as published in the December 9, 2022, issue of the Texas Register (47 TexReg 8093). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The new sections are necessary to implement the relinquishment avoidance program in accordance with Texas Family Code §262.351 and §262.353, which provides beds in residential treatment center (RTC) facilities to prevent the relinquishment of parental conservatorship to the Texas Department of Family and Protective Services (DFPS) solely to obtain mental health services for a child with a serious emotional disturbance. The new rules govern the use of relinquishment prevention beds through the RTC Project rules and the provision of RTC Project services necessary to address the interrelated roles and responsibilities of HHSC, DFPS, local mental health authorities (LMHAs) and local behavioral health authorities (LBHAs), and contracted RTCs pursuant to Texas Family Code §262.353 as adopted by Senate Bill (S.B.) 642, 87th Legislature, Regular Session, 2021.
In Addition Re:
Public Notice: Texas State Plan Amendment, concerning certain drugs that the state excludes from Medicaid coverage.
OVERVIEW
The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 23-0009 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective January 1, 2023.
BACKGROUND AND JUSTIFICATION
Currently, HHSC lists in its Medicaid State Plan certain categories of drugs that the state excludes from Medicaid coverage. The State Plan also lists certain specific drug exceptions to these excluded categories. The purpose of this amendment is to move the list of covered drugs in the excluded categories from the Medicaid State Plan to the Vendor Drug Program’s (VDP) website at https://www.txvendordrug.com/. One of the drugs that would be moved in this change is Naloxone, an agent that reverses opioid overdoses. The Food and Drug Administration is considering changing the status of this drug from prescription to over the counter (OTC). Most OTC drugs are excluded from Medicaid coverage, but certain OTC drugs are listed as exceptions, and therefore are covered by Medicaid. By moving the information about which OTC drugs HHSC does cover from the state plan to the VDP website, HHSC is able to start covering these drugs and making the public aware of the coverage much more quickly. HHSC will be able to quickly cover Naloxone (and make the public aware of that coverage) if the status changes to OTC, although a prescription will still be required as even covered OTC drugs require a prescription. This change would also allow HHSC to make prompt changes for drugs in other categories of excludable drugs, such as certain drugs for weight loss.
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. The proposed amendments will be effective May 12, 2023.
BACKGROUND AND JUSTIFICATION
The purpose of the amendments is to update the fee schedules in the current state plan by adjusting fees, rates, or charges for the following services:
- Early and Periodic Screening, Diagnosis and Treatment Services;
- Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS);
- Physicians and Other Practitioners; and
- Clinical Diagnostic Laboratory Services.
The proposed amendment is estimated to result in an annual aggregate expenditure of $8,363 for federal fiscal year (FFY) 2023, consisting of $5,300 in federal funds and $3,063 in state general revenue. For FFY 2024, the estimated annual aggregate expenditure is $26,020 consisting of $15,750 in federal funds and $10,270 in state general revenue. For FFY 2025, the estimated annual aggregate expenditure is $25,743 consisting of $15,484 in federal funds and $10,259 in state general revenue.
Further detail on specific reimbursement rates and percentage changes will be made available on the HHSC Provider Finance website under the proposed effective date at: https://pfd.hhs.texas.gov/rate-packets.
HEARING DETAILS
A Rate Hearing will be conducted online to propose specific rate changes and accept public testimony. Information about the proposed rate changes and hearings will be published in a subsequent issue of the Texas Register. Additional information and the notice of hearings can be found at https://www.sos.state.tx.us/texreg/index.shtml. Archived recordings of the hearings can be found at https://www.hhs.texas.gov/about/meetings-events.
Interested parties may obtain additional information and/or a free copy of the proposed amendment by contacting Shaneqwea James, State Plan Policy Advisor, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, Texas 78711; by telephone at (512) 487-3349; by facsimile at (512) 730-7472; or by e-mail at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. Copies of the proposed amendment 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).
WRITTEN COMMENTS
Written comments about the proposed amendment and/or requests to review comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or email:
U.S. Mail
Texas Health and Human Services Commission
Attention: Provider Finance Department
Mail Code H-400
P.O. Box 149030
Austin, Texas 78714-9030
Overnight mail, special delivery mail, or hand delivery
Texas Health and Human Services Commission
Attention: Provider Finance Department
North Austin Complex
Mail Code H-400
4601 W. Guadalupe St.
Austin, Texas 78751
Phone number for package delivery: (512) 730-7401
Fax
Attention: Provider Finance at (512) 730-7475
PFDAcuteCare@hhs.texas.gov
Preferred Communication.
For quickest response, please use e-mail or phone, if possible, for communication with HHSC related to this state plan amendment.
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.
Texas Department of Insurance
Adopted Rules Re:
Amending 28 TAC §19.1602 to update registration and renewal requirements for operators of the Discount Health Care Program.
CHAPTER 19. LICENSING AND REGULATION OF INSURANCE PROFESSIONALS
SUBCHAPTER Q. DISCOUNT HEALTH CARE PROGRAM REGISTRATION AND RENEWAL REQUIREMENTS
28 TAC §19.1602
OVERVIEW
The commissioner of insurance adopts amendments to 28 TAC §19.1602, concerning discount health care program registration and renewal. The amendments are necessary to update department contact information that appears in the section, and to address that fax is no longer a valid method to submit forms. The commissioner adopts §19.602 with nonsubstantive changes to the proposed text published in the January 6, 2023, issue of the Texas Register (48 TexReg 23). The text will be republished.
BACKGROUND AND JUSTIFICATION
The department has moved from its previous location in the William P. Hobby Building at 333 Guadalupe Street in Austin, Texas 78701, to the Barbara Jordan State Office Building at 1601 Congress Avenue in Austin, Texas 78701. Because of this, references in §19.1602 to the former location need to be removed or updated. The amendments also update the department’s website, phone numbers, and agency division names, and make additional nonsubstantive text changes, and remove the fax number because fax is no longer a valid method of submitting discount health care program operator registration application forms. A description of the adopted amended section follows.
Section 19.1602. Registration Requirement. Amendments to §19.1602 remove outdated mailing addresses and update the department’s website, phone number, and agency division names. In addition, an amendment to subsection (a)(2)(H) corrects a citation to the Insurance Code.
There are also nonsubstantive text changes that replace “shall” with “will” or “must,” as appropriate; replace “subchapter” and “chapter” with “title,” “which” with “that,” and “pursuant to” with “under”; and update statutory citations to insert titles of referenced provisions. Multiple unnecessary “the” instances were also removed, “10 percent” was replaced with “10%,” “court appointed” was replaced with “court-appointed,” and the word “internet” was removed. All such changes were made to follow current department language preferences.
The text of subsection (c)(1)(B) as proposed is not adopted, and the remaining subparagraphs are redesignated as appropriate to reflect this change. Proposed subsection (c)(1)(B) listed a fax number for submitting discount health care program operator registration application forms, but fax is no longer a valid method for these submissions.