Texas Register February 12, 2021 Volume: 46 Number: 7

1. Governor

  • Appointments re:
    • Governor reappoints three members and appoints one new member to the Texas Board of Nursing.
    • Governor appoints Donald R. Margo II to the Cancer Prevention and Research Institute of Texas Oversight Committee.

2. Texas Health and Human Services Commission

  • Adopted Rules re:
    • Amending 1 TAC §354.1003 to update time limitations for submitting Medicaid claims.
    • Amending 1 TAC §393.1 to update informal dispute resolution procedures for nursing facilities and ICF/IID establishments.
    • Amending 1 TAC §393.2 to update informal dispute resolution procedures for assisted living facilities.
    • New 1 TAC §393.3, establishing informal dispute resolution procedures for TxHmL and HCS providers.
  • Emergency Rule re:
    • New 26 TAC §261.351, allowing ICF/IID program providers to receive reimbursement for certain individuals’ therapeutic leave due to COVID-19.
  • Proposed Rules re:
    • Amending 1 TAC §353.4 to establish reimbursement methodology for Medicaid MCOs’ payments to certain out-of-network specialty providers.
    • New 1 TAC §353.7, requiring Medicaid MCOs to contract with certain out-of-network specialty providers.
    • Amending 1 TAC §354.1311 to clarify benefit limits and prior authorization requirements for Medicaid substance use disorder treatment services.
    • Amending 1 TAC §354.1312 to expand the scope of providers who may deliver Medicaid substance use disorder treatment services.
    • Amending 1 TAC §355.8600 to expand payment eligibility for certain providers of ambulance services.

3. Texas Board of Nursing

  • Adopted Rules re:
    • Amending 22 TAC §211.6 to allow for the adoption of emergency rules by the Eligibility and Disciplinary Committe.
    • Amending 22 TAC §213.1 and §213.20 to remove outdated references to the Board of Nurse Examiners.
    • Amending 22 TAC §215.2 to define the examination year for purposes of determining the NCLEX-RN® examination pass rate.
    • Amending 22 TAC §217.23 to prohibit balance billing by out-of-network providers and establish a new dispute resolution process.
    • Amending 22 TAC §222.4 to establish a process by which prescribers may waive the electronic prescribing requirements.
    • Amending 22 TAC §223.1 to update the endorsement licensure fee.

4. Texas Department of State Health Services

  • Adopted Rules re:
    • New 25 TAC §§40.41 – 40.49 to update policies for the maintenance and administration of asthma medication in schools.

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