Texas Register August 30, 2019 Volume: 44 Number: 35

Texas Register Table of Contents

Texas Board of Nursing

 

Proposed Rules

Proposes amendments to §216.3, concerning Continuing Education Requirements

CHAPTER 216. CONTINUING COMPETENCY22 TAC §216.3The Texas Board of Nursing (Board) proposes amendments to §216.3, concerning Continuing Competency Requirements. The amendments are proposed under the authority of the Texas Occupations Code §§301.151, 157.0513 and 301.308, the Texas Health and Safety Code §481.0764 and §481.07635, and House Bills (HB) 2454, 2059, 3285, and 2174, enacted by the 86th Texas Legislature. Three of the bills, HB 2454, HB 2059, and HB 3285, apply only to advanced practice registered nurses (APRNS) who meet certain criteria. HB 2059 applies to all nurses, regardless of level of licensure, who provide direct patient care.


Texas Board of Nursing

Proposed Rules

Proposes amendments to §217.20, concerning Safe Harbor Nursing Peer Review and Whistleblower Protections

CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE22 TAC §217.20Introduction. The Texas Board of Nursing (Board) proposes amendments to §217.20, concerning Safe Harbor Nursing Peer Review and Whistleblower Protections. The amendments are proposed under the authority of the Texas Occupations Code §303.005 and House Bill (HB) 2410, enacted by the 86th Texas Legislature, effective September 1, 2019.


Texas Department of State Health Services

Proposed Rules

Proposes new §1.81, concerning Recognition of Out-of-State License of Military Spouse

CHAPTER 1. MISCELLANEOUS PROVISIONSSUBCHAPTER F. LICENSURE EXEMPTIONS25 TAC §1.81The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §1.81, concerning Recognition of Out-of-State License of Military Spouse.BACKGROUND AND PURPOSEThe proposal is necessary to comply with Senate Bill (S.B.) 1200, 86th Legislature, Regular Session, 2019, which requires the adoption of rules to implement the legislation.S.B. 1200 amended Texas Occupations Code, Chapter 55, by adding §55.0041, to authorize certain military spouses to engage in a business or occupation in the State of Texas without having a license issued in Texas. The proposed rule requires the military spouse to be currently licensed and in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state. State agencies are directed to adopt rules not later than December 1, 2019.The proposed new §1.81 adds a new process to allow military spouses, who are currently licensed by another jurisdiction, the opportunity to begin working in the industry in Texas for up to three years without obtaining a Texas license.


Texas Health and Human Services Commission

Adopted Rules

Adopts amendments to §355.112, concerning Attendant Compensation Rate Enhancement; §355.723, concerning Reimbursement Methodology for Home and Community-Based Services and Texas Home Living Programs; and §355.6907, Reimbursement Methodology for Day Activity and Health Services

CHAPTER 355. REIMBURSEMENT RATESThe Texas Health and Human Services Commission (HHSC) adopts amendments to §355.112, concerning Attendant Compensation Rate Enhancement; §355.723, concerning Reimbursement Methodology for Home and Community-Based Services and Texas Home Living Programs; and §355.6907, Reimbursement Methodology for Day Activity and Health Services. Section 355.112 and §355.723 are adopted with changes to the proposed text as published in the July 5, 2019, issue of the Texas Register (44 TexReg 3365) and will be republished. Section 355.6907 is adopted without changes to the proposed text as published in the July 5, 2019, issue of the Texas Register (44 TexReg 3365) and will not be republished.


Texas Department of Licensing and Regulation

Adopted Rules

Chapter 130. Podiatric Medicine Program – Changes in licensing rules

PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATIONCHAPTER 130. PODIATRIC MEDICINE PROGRAMThe Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 130, Subchapter C, §§130.30 – 130.32; Subchapter D, §130.40; and §§130.42 – 130.44; Subchapter E, §130.51; Subchapter F, §130.60; and Subchapter G, §130.72; and adopts new rules at 16 TAC, Chapter 130, Subchapter D, §130.49; Subchapter F, §130.61; and Subchapter G, §130.74, regarding the Podiatric Medicine Program, without changes to the proposed text as published in the May 17, 2019, issue of the Texas Register (44 TexReg 2433). These adopted rules will not be republished. Subchapter E, §130.58 is adopted with non-substantive changes and will be republished.EXPLANATION OF AND JUSTIFICATION FOR THE RULESThe adopted rules under 16 TAC, Chapter 130 implement Texas Occupations Code, Chapter 202, Podiatrists. The adopted rules are necessary to implement statutory requirements, enacted legislation, and Sunset Advisory Commission recommendations.The adopted rules implement a change from a one-year license to a two-year license term, provide for a reduction in license fees, and provide for the orderly transition between the license terms. The Sunset Advisory Commission recommended, along with the transfer of the Podiatric Medicine program from the Texas State Board of Podiatric Medical Examiners, that the Department be authorized to provide biennial license renewals. This brings the Doctor of Podiatric Medicine license term more in line with other similar health-related professions.The adopted rules streamline and clarify certain provisions and bring the rules in line with current statutory requirements. These statutory requirements include implementing a voluntary charity care status as required by Texas Occupations Code, Chapter 112. Chapter 112 requires agencies to provide for reduced fees and continuing education requirements for certain retired health care practitioners whose only practice is voluntary charity care.The adopted rules implement prescription monitoring guidelines for the responsible prescribing of opioids, benzodiazepines, barbiturates, or carisoprodol as required by House Bill 2561, 85th Legislature, Regular Session (2017), and Texas Health and Safety Code, Chapters 481 (Texas Controlled Substances Act) and 483 (Dangerous Drugs). House Bill 2561, the Texas State Board of Pharmacy Sunset bill, requires license holders who choose to prescribe opioids, benzodiazepines, barbiturates, or carisoprodol to access the Texas State Board of Pharmacy’s Prescription Monitoring Program System, AWARxE, to review each patient’s prescription history before prescribing.The adopted rules also provide for the adoption of a penalty matrix by rule as required by House Bill 3078, 85th Legislature, Regular Session (2017), and Texas Occupations Code, Section 202.6011. This change implements another Sunset Advisory Commission recommendation from the Texas State Board of Podiatric Medical Examiners review.


Texas Department of Licensing and Regulation

Adopted Rules

Temporary residency

SUBCHAPTER C. TEMPORARY RESIDENCY16 TAC §§130.30 – 130.32STATUTORY AUTHORITYThe amendments and new rules are adopted under Texas Occupations Code, Chapters 51 and 202, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 102, 112, and 202 and Texas Health and Safety Code, Chapters 181, 311, 481 and 483. No other statutes, articles, or codes are affected by the adoption.


Texas Department of Licensing and Regulation

Adopted Rules

Doctor of Podiatric Medicine

SUBCHAPTER D. DOCTOR OF PODIATRIC MEDICINE16 TAC §§130.40, 130.42 – 130.44, 130.49STATUTORY AUTHORITYThe amendments and new rules are adopted under Texas Occupations Code, Chapters 51 and 202, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 102, 112, and 202 and Texas Health and Safety Code, Chapters 181, 311, 481 and 483. No other statutes, articles, or codes are affected by the adoption.


Texas Department of Licensing and Regulation

Adopted Rules

Practitioner responsibilities and Code of Ethics

SUBCHAPTER E. PRACTITIONER RESPONSIBILITIES AND CODE OF ETHICS16 TAC §130.51, §130.58STATUTORY AUTHORITYThe amendments and new rules are adopted under Texas Occupations Code, Chapters 51 and 202, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 102, 112, and 202 and Texas Health and Safety Code, Chapters 181, 311, 481 and 483. No other statutes, articles, or codes are affected by the adoption


Texas Department of Licensing and Regulation

Adopted Rules

Fees

SUBCHAPTER F. FEES16 TAC §130.60, §130.61STATUTORY AUTHORITYThe amendments and new rules are adopted under Texas Occupations Code, Chapters 51 and 202, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 102, 112, and 202 and Texas Health and Safety Code, Chapters 181, 311, 481 and 483. No other statutes, articles, or codes are affected by the adoption.


Texas Department of Licensing and Regulation

Adopted Rules

Enforcement

SUBCHAPTER G. ENFORCEMENT16 TAC §130.72, §130.74STATUTORY AUTHORITYThe amendments and new rules are adopted under Texas Occupations Code, Chapters 51 and 202, which authorize the Texas Commission of Licensing and Regulation, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.The statutory provisions affected by the adoption are those set forth in Texas Occupations Code, Chapters 51, 102, 112, and 202 and Texas Health and Safety Code, Chapters 181, 311, 481 and 483. No other statutes, articles, or codes are affected by the adoption.


Texas Medical Board

Adopted Rules

Physician Assistants: Procedural Rules for Licensure Applicants, Biennial Renewal of License and Retired License

CHAPTER 185. PHYSICIAN ASSISTANTS22 TAC §§185.4, 185.6, 185.28The Texas Medical Board (Board) adopts amendments to §185.4, concerning Procedural Rules for Licensure Applicants, §185.6, concerning Biennial Renewal of License and §185.28, concerning Retired License. The amendments to §185.4 repeal language under subsection (a) requiring that an applicant pass the jurisprudence examination within three attempts. The changes are made to align the rules with recent rule amendments repealing jurisprudence exam attempt limits for individuals applying for a medical license, made pursuant to Senate Bill 674 (85th Legislature, Regular Session). It is the Board’s interpretation of SB 674 that the legislature determined repeated attempts at passage of the jurisprudence examination has little to no weight as to competency to practice, was an unnecessary bar to licensure, and intended to eliminate unnecessary bars to licensure for all applicants applying for licensure under the Texas Medical Board and Advisory Board’s jurisdiction.The amendments to §185.6 repeal language requiring physician assistants to inform the board of address changes within two weeks of the effective date of the address change. The language proposed for repeal conflicts with another rule found under §185.27, requiring physician assistants to report any address change to the board within 30 days after the change occurs.The amendments to §185.28 repeal language requiring retired physician assistants who wish to return to active status to provide professional evaluations from each employment held before his or her license was placed on a retired status. As retired physician assistants are prohibited from practicing, any employment held during retirement would not relate to the physician assistant practice, and therefore have little relevancy in determining current competency at the time that the physician assistant seeks to reactive his or her license.

Texas State Board of Examiners of Psychologists

Adopted Rules

Repeal of rule §461.7, License Statuses

CHAPTER 461. GENERAL RULINGS22 TAC §461.7The Texas State Board of Examiners of Psychologists adopts the repeal of rule §461.7, License Statuses, without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3058) and will not be republished.The repealed rule is being adopted to ensure the protection and safety of the public.The repealed rule as adopted in conjunction with the proposed new rule §461.7, is necessary to reduce the regulatory burden associated with moving a license to and from inactive status, as well as simplifying the requirements for the process.


Texas State Board of Examiners of Psychologists

Adopted Rules

Adoption of new rule §461.7, License Statuses

CHAPTER 461. GENERAL RULINGS22 TAC §461.7The Texas State Board of Examiners of Psychologists adopts new rule §461.7, License Statuses, without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3059) and will not be republished.The new rule is being adopted to ensure the protection and safety of the public.The new rule, as adopted, is necessary to reduce the regulatory burden associated with moving a license to and from inactive status, as well as simplifying the requirements for the process.


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts amendments to rule §461.11, Professional Development

CHAPTER 461. GENERAL RULINGS22 TAC §461.11The Texas State Board of Examiners of Psychologists adopts amendments to rule §461.11, Professional Development, without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3061) and will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted in necessary to reduce the regulatory burden, improve regulatory efficiency, and comport with the changes set out in adopted rule §471.1, published in this edition of the Texas Register.


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts amendments to rule §461.16, Filing of False or Misleading Information with the Board

CHAPTER 461. GENERAL RULINGS22 TAC §461.16The Texas State Board of Examiners of Psychologists adopts amendments to rule §461.16, Filing of False or Misleading Information with the Board without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3063) and will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted will more precisely define the prohibited conduct, improve the agency’s ability to protect the public, and make the changes needed to comport with adopted rule §471.1, published in this edition of the Texas Register.


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts amendments to rule §461.18, Minimum Data Set Requirement for Online Renewals

CHAPTER 461. GENERAL RULINGS22 TAC §461.18The Texas State Board of Examiners of Psychologists adopts the repeal to rule §461.18, Minimum Data Set Requirement for Online Renewals without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3064) and will not be republished.The repeal is being adopted to ensure the protection and safety of the public.The repeal as adopted is necessary because the substance of this rule has been incorporated into the adopted rule §471.1


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts amendments to rule §463.11, Applications and Examinations

CHAPTER 463. APPLICATIONS AND EXAMINATIONS22 TAC §463.11The Texas State Board of Examiners of Psychologists adopts an amendment to rule §463.11, Licensed Psychologists without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3065) and will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted is necessary to reduce unnecessary regulatory burdens on applicants, particularly those who delay entering the workforce.


Texas State Board of Examiners of Psychologists

Adopted Rules

Renewals

CHAPTER 471. RENEWALS22 TAC §471.1The Texas State Board of Examiners of Psychologists adopts amendments to 22 TAC §471.1, Renewal of a License, without changes to the proposed text as published in the June 21, 2019, issue of the Texas Register (44 TexReg 3065). The amended rule will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted will reduce the regulatory burden on licensees and improve agency efficiency by requiring biennial renewals and increasing the level of automation used in carrying out agency functions. Moreover, the adopted amendment will advance the Board’s stated goal of expanding its use of digital services, a key component in the agency’s strategic plan. Additionally, the adopted amendment is necessary due to anticipated statutory changes to §501.301 and §501.302 of the Tex. Occ. Code and newly anticipated §507.254 of the Tex. Occ. Code, as proposed in Tex. H.B. 1501 and S.B. 611, 86th Leg., R.S. (2019).


Texas State Board of Examiners of Psychologists

Adopted Rules

Renewals: requiring biennial renewals and increasing the level of automation used in carrying out agency functions

CHAPTER 471. RENEWALS22 TAC §471.1The Texas State Board of Examiners of Psychologists adopts amendments to 22 TAC §471.1, Renewal of a License, without changes to the proposed text as published in the June 21, 2019, issue of the Texas Register (44 TexReg 3065). The amended rule will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted will reduce the regulatory burden on licensees and improve agency efficiency by requiring biennial renewals and increasing the level of automation used in carrying out agency functions. Moreover, the adopted amendment will advance the Board’s stated goal of expanding its use of digital services, a key component in the agency’s strategic plan. Additionally, the adopted amendment is necessary due to anticipated statutory changes to §501.301 and §501.302 of the Tex. Occ. Code and newly anticipated §507.254 of the Tex. Occ. Code, as proposed in Tex. H.B. 1501 and S.B. 611, 86th Leg., R.S. (2019).


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts the repeal of rule §471.2, Renewal Forms

22 TAC §471.2The Texas State Board of Examiners of Psychologists adopts the repeal of rule §471.2, Renewal Forms, without changes to the proposed text as published in the June 21, 2019, issue of the Texas Register (44 TexReg 3070). The repeal will not be republished.The repeal is being adopted to ensure the protection and safety of the public.The repeal as adopted is necessary because portions of this rule have been incorporated into the proposed amendments to rule §471.1, and because the remaining substance of this rule is duplicative of the existing requirements found in rule §471.1.


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts new rule §471.3, Initial License Renewal Dates

CHAPTER 471. RENEWALS22 TAC §471.3The Texas State Board of Examiners of Psychologists adopts new rule §471.3, Initial License Renewal Dates, without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3071) and will not be republished.The new rule is being adopted to ensure the protection and safety of the public.The new rule as adopted is necessary to comport with the changes set out in adopted rule §471.1, published in this issue of the Texas Register, which would create a biennial license renewal requirement instead of the current annual one. This adopted new rule is necessary to define the expiration date for newly issued and reinstated licenses in the proposed biennial license renewal structure.


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts an amendment to rule §471.6, Renewal Terms Exclusive to Licensees on Active Military Duty

CHAPTER 471. RENEWALS22 TAC §471.6The Texas State Board of Examiners of Psychologists adopts an amendment to rule §471.6, Renewal Terms Exclusive to Licensees on Active Military Duty, without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3072) and will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted is necessary to comport with the changes set out in adopted rule §471.1, published in this edition of the Texas Register.


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts an amendment to rule §473.1, Application Fees

CHAPTER 473. FEES22 TAC §473.1The Texas State Board of Examiners of Psychologists adopts an amendment to rule §473.1, Application Fees, without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3073) and will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted is necessary to comply with §501.152 of the Psychologists’ Licensing Act, as well as newly anticipated §507.154 of the Occupations Code as proposed in Tex. H.B. 1501 and S.B. 611, 86th Leg., R.S. (2019). Currently, once an applicant becomes licensed, he or she renews his or her license after one year. Once the agency converts to biennial renewals however, the agency would lose the revenue generated from that first year renewal because the initial renewal date would be set between 18 and 30 months out from the date of licensure. Because this revenue is necessary for the agency to carry out its mission, the agency must recover this lost revenue through other means. Therefore, the agency proposes recovering this lost revenue by adding an amount equal to the annual renewal fee for a license to the application fee for that license. This would ensure the agency continues to collect the same amount of revenue without increasing the fees actually paid by applicants or licensees.


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts the repeal to rule §473.3, Annual Renewal Fees (Not Refundable)

CHAPTER 473. FEES22 TAC §473.3The Texas State Board of Examiners of Psychologists adopts the repeal to rule §473.3, Annual Renewal Fees (Not Refundable), without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3075) and will not be republished.The repeal is being adopted to ensure the protection and safety of the public.The repeal as adopted is necessary to comport with the changes set out in adopted rule §471.1, published in this issue of the Texas Register, and changes in fees set by outside agencies.


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts new rule §473.3, Biennial Renewal Fees (Not Refundable)

CHAPTER 473. FEES22 TAC §473.3The Texas State Board of Examiners of Psychologists adopts new rule §473.3, Biennial Renewal Fees (Not Refundable), without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3076) and will not be republished.The new rule is being adopted to ensure the protection and safety of the public.The new rule as adopted is necessary to comport with the changes set out in adopted rule §471.1, published in this issue of the Texas Register, and changes in fees set by outside agencies.


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts the repeal of rule §473.4, Late Fees for Renewals (Not Refundable)

CHAPTER 473. FEES22 TAC §473.4The Texas State Board of Examiners of Psychologists adopts the repeal of rule §473.4, Late Fees for Renewals (Not Refundable) without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3077). The rule will not be republished.The repeal is being adopted to ensure the protection and safety of the public.The repeal as adopted is necessary due to anticipated statutory changes to §501.302 of the Psychologists’ Licensing Act and newly anticipated §507.254 of the Occupations Code, as proposed in Tex. H.B. 1501 and S.B. 611, 86th Leg., R.S. (2019).


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts new rule §473.4, Late Fees for Renewals

CHAPTER 473. FEES22 TAC §473.4The Texas State Board of Examiners of Psychologists adopts new rule §473.4, Late Fees for Renewals, without changes to the proposed text published in the June 21, 2019, issue of the Texas Register (44 TexReg 3078). The new rule will not be republished.The new rule is being adopted to ensure the protection and safety of the public.The new rule as adopted is necessary due to anticipated statutory changes to §501.302 of the Psychologists’ Licensing Act and newly anticipated §507.254 of the Occupations Code, as proposed in Tex. H.B. 1501 and S.B. 611, 86th Leg., R.S. (2019).


Texas State Board of Examiners of Psychologists

Adopted Rules

Adopts amendments to §473.5, Miscellaneous Fees (Not Refundable)

CHAPTER 473. FEES22 TAC §473.5The Texas State Board of Examiners of Psychologists adopts amendments to §473.5, Miscellaneous Fees (Not Refundable) without changes to the proposed text as published in the June 21, 2019, issue of the Texas Register (44 TexReg 3079) and will not be republished.The amendment is being adopted to ensure the protection and safety of the public.The amendment as adopted is necessary to comport with the changes set out in adopted §461.7, published elsewhere in this edition of the Texas Register.


Texas Health and Human Services Commission

Adopted Rules

Notice of Public Hearing on Proposed Nursing Facility Interim Rates and Settlement Payment Rates for State Veterans Homes

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 27, 2019, at 8:30 a.m., to receive comments on proposed Interim Rates and Settlement Payment Rates for State Veterans Homes Nursing Facilities. State Veterans Homes are overseen by the Veterans Land Board (VLB), which is the state agency authorized to operate these nursing facilities under Chapter 164, Natural Resources Code. HHSC maintains a program in which Medicaid-eligible veterans can choose to reside in State Veterans Homes. The interim rates are proposed to be effective retroactive to June 1, 2018, and will remain in effect through May 31, 2020, as approved at the April 25, 2019, meeting of the VLB. The settlement rates are proposed to be effective retroactive to September 1, 2017, through August 31, 2018.The public hearing will be held in HHSC’s Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Lamar Boulevard. HHSC will broadcast the public hearing. Persons watching remotely can submit written comments. The broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings, and it will be archived for access on demand at the same website. The public hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.


Texas Health and Human Services Commission

Adopted Rules

Public Notice – Texas State Plan for Medical Assistance Amendments (re: payment rates for the Intermediate Care Facilities (ICFs/IID) program)

Public Notice – Texas State Plan for Medical Assistance AmendmentsThe 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 are effective September 1, 2019.The proposed amendments will adjust payment rates for the Intermediate Care Facilities (ICFs/IID) program. The proposed amendments also adjust the rate methodology for the Day Activity and Health Services (DAHS) program by increasing the factor from 4.4 percent to 7 percent in accordance with the 2020-21 General Appropriations Act (GAA), House Bill 1, 86th Legislature, Regular Session, 2019 (Article II, HHSC, Rider 44). Additionally, the proposed amendments will adjust payment rates for the DAHS program, the Primary Home Care (PHC) Program, and the Community First Choice (CFC) program in support of increasing the personal attendant base wage to $8.11, pursuant to the 2020-21 GAA (Article II, HHSC, Rider 45).The proposed amendments are estimated to result in an increase in annual aggregate expenditures of $37,401,968 for federal fiscal year (FFY) 2020, consisting of $23,148,140 in federal funds and $14,253,828 in state general revenue funds. For FFY 2021, the estimated increase in annual aggregate expenditures is $39,217,770, consisting of $24,788,707 in federal funds and $14,429,063 in state general revenue funds.Copy of Proposed Amendments. Interested parties may obtain additional information and/or a free copy of the proposed amendments by contacting Cynthia Henderson, 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 amendments will be available for review at the local county offices of the Texas Health and Human Services Commission (which were formerly the local offices of the Department of Aging and Disability Services).


Texas Department of State Health Services

Adopted Rules

Orders Placing Brexanolone and Solriamfetol into Schedule IV; and Final Placement of Thiafentanil into Schedule II

The Drug Enforcement Administration issued an interim final rule placing brexanolone (3[alpha]-hydroxy-5[alpha]-pregnan-20-one: Other name allopregnanolone) including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible, in schedule IV of the Controlled Substances Act, effective June 17, 2019. This interim final rule was published in the Federal Register, Volume 84, Number 116, pages 27938-27943.




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