Texas Register August 18, 2023 Volume: 48 Number: 33

Texas Register Table of Contents

1 Governor
- - 1.0.1 Appointments Re:
2 Texas Department of Insurance, Division of Workers’ Compensation
- - 2.0.1 Adopted Rules Re:
    - 2.0.1.1 Amending 28 TAC §133.30, to clarify health care reimbursement policies and guidelines for telemedicine and telehealth services.
3 Department of Aging and Disability Services
- - 3.0.1 Transferred Rules Re:
    - 3.0.1.1 Rule Transfer, to effectuate the abolition of the Department of Aging and Disability Services and transfer sections to the Texas Health and Human Services Commission.
4 Texas Health and Human Services Commission
5 Texas Department of State Health Services
- - 5.0.1 Review of Agency Rules:
    - 5.0.1.1 Adopting the rule review of Title 25, Part 1, regarding food and drug practices.

Governor

Appointments Re:

Appointed on August 3, 2023, to the Texas Board of Medical Radiologic Technology for a term to expire February 1, 2029, Lucia D. “Lucy” Sisniega of Midland, Texas.

Texas Department of Insurance, Division of Workers’ Compensation

Adopted Rules Re:

Amending 28 TAC §133.30, to clarify health care reimbursement policies and guidelines for telemedicine and telehealth services.

CHAPTER 133. GENERAL MEDICAL PROVISIONS
SUBCHAPTER B. HEALTH CARE PROVIDER BILLING PROCEDURES
28 TAC §133.30

OVERVIEW

The Texas Department of Insurance, Division of Workers’ Compensation (DWC) adopts amendments to 28 TAC §133.30, concerning Telemedicine and Telehealth Services. Section 133.30 implements Texas Labor Code §413.011, which requires DWC to adopt health care reimbursement policies and guidelines that reflect the standardized reimbursement structures found in other health care delivery systems with minimal modifications. The amendments are adopted with a change to correct an editorial error in the proposed text published in the June 23, 2023, issue of the Texas Register (48 TexReg 3396). The rule will be republished.

BACKGROUND AND JUSTIFICATION

Amending §133.30 is necessary to conform the section to Texas Occupations Code Chapter 111, which was amended to define “teledentistry dental service” by House Bill (HB) 2056, 87th Legislature, Regular Session (2021). Section 133.30 sets billing requirements when a health care provider provides telemedicine and telehealth services.

Section 133.30 has definitions for “telemedicine services” and “telehealth services” and requires health care providers to bill for “telemedicine services” and “telehealth services” using the applicable Medicare payment policies and requirements of Chapter 133 of this title. DWC adopts the amendments that add a definition for “teledentistry services” and add Medicaid payment policies to the list of applicable payment policies that health care providers must use to bill for telemedicine, telehealth, and teledentistry services.

Department of Aging and Disability Services

Transferred Rules Re:

Rule Transfer, to effectuate the abolition of the Department of Aging and Disability Services and transfer sections to the Texas Health and Human Services Commission.

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 48, Community Care for Aged and Disabled, are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 271, Community Care for Aged and Disabled.

Texas Health and Human Services Commission

Transferred Rules Re:

Rule Transfer, to transfer rules from the Department of Aging and Disability Services to the Health and Human Services Commission.

Review of Agency Rules Re:

Reviewing Title 26, Part 1, to review the Texas Home Living Program and Community First Choice Certification standards.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:

Chapter 566, Texas Home Living (TxHmL) Program and Community First Choice (CFC) Certification Standards

This review is conducted in accordance with the requirements of Texas Government Code §2001.039, which requires state agencies, every four years, to assess whether the initial reasons for adopting a rule continue to exist. After reviewing its rules, the agency will readopt, readopt with amendments, or repeal its rules.

Adopting the rule review of Title 1, Part 15, concerning Medicaid and Other Health and Human Services Fraud and Abuse Program.

The Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 1, Part 15, of the Texas Administrative Code:

Chapter 371, Medicaid and Other Health and Human Services Fraud and Abuse Program

Subchapter B – Office of Inspector General

Subchapter C – Utilization Review

Subchapter E – Provider Disclosure and Screening

Subchapter F – Investigations

Subchapter G – Administrative Actions and Sanctions

Adopting the review of Title 26, Part 1, covering the State Long-Term Care Obudsman Program.

The Health and Human Services Commission (HHSC) adopts the review of the chapter below in Title 26, Part 1, of the Texas Administrative Code:

Chapter 88, State Long-Term Care Ombudsman Program

Notice of the review of this chapter was published in the June 9, 2023, issue of the Texas Register (48 TexReg 2971). HHSC received one comment concerning this chapter.

In Addition Re:

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 purpose of the amendment is to update the payment rate for the Pediatric Care Facility Special Reimbursement Class of Nursing Facilities. HHSC is making this change in accordance with the 2024-25 General Appropriations Act, House Bill 1, 88th Texas Legislature, Regular Session, 2023 (Article II, HHSC, Rider 35), which provides appropriations for a reimbursement rate increase for this facility type. The proposed amendment is effective September 1, 2023.

Public Notice: YES Amendment Effective 1-1-2024

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, 2028. The proposed effective date for the amendment is January 1, 2024 and does not affect the cost neutrality of the waiver.

The YES Program is designed to provide home and community-based services to children and youth 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.

Texas Department of State Health Services

Review of Agency Rules:

Adopting the rule review of Title 25, Part 1, regarding food and drug practices.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS) adopts the review of the chapter below in Title 25, Part 1 of the Texas Administrative Code:

Chapter 229, Food and Drug

Subchapter A, Prescription Drug Price Disclosure

Subchapter B, Donation of Unused Drugs

Subchapter C, Purchase of Domestic Beef

Subchapter D, Regulation of Cosmetics

Subchapter F, Production, Processing, and Distribution of Bottled and Vended Drinking Water

Subchapter G, Manufacture, Storage, and Distribution of Ice Sold for Human Consumption, Including Ice Produced at Point of Use

Subchapter J, Minimum Standards for Narcotic Treatment Programs

Subchapter K, Texas Food Establishments

Subchapter L, Licensure of Food Manufacturers, Food Wholesalers, and Warehouse Operators

Subchapter N, Current Good Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing, or Holding Human Food

Subchapter O, Licensing of Wholesale Distributors of Nonprescription Drugs–Including Good Manufacturing Practices

Subchapter P, Assessment of Administrative Penalties

Subchapter Q, License/Permit Applications

Subchapter R, Issuance of Certificates of Free Sale and Sanitation and/or Certificates of Origin and Sanitation

Subchapter S, Pesticides in Food

Subchapter T, Licensure of Tanning Facilities

Subchapter U, Permitting Retail Food Establishments

Subchapter V, Minimum Standards for Licensure of Tattoo and Certain Body Piercing Studios

Subchapter W, Licensing of Wholesale Distributors of Prescription Drugs–Including Good Manufacturing Practices

Subchapter X, Licensing of Device Distributors and Manufacturers

Subchapter Y, Regulations to Prohibit the Sale of Dietary Supplements Containing Ephedrine Group Alkaloids; and to Restrict the Sale and Distribution of Certain Products Containing Ephedrine

Subchapter Z, Inspection Fees for Retail Food Establishments

Subchapter AA, Regulation of Food Salvage Establishments and Brokers

Subchapter BB, Regulation of Drug Salvage Establishments and Brokers

Subchapter CC, Regulation of Device Salvage Establishments and Brokers

Subchapter DD, Regulation of Cosmetic Salvage Establishments and Brokers

Subchapter EE, Cottage Food Production Operations

Subchapter FF, Farmers’ Markets

Subchapter GG, Sanitary Transportation of Human Foods