Texas Register Table of Contents
- 1 Texas Health and Human Services Commission
- 1.0.1 Proposed Rules Re:
- 1.0.2 Adopted Rules Re:
- 1.0.2.1 Adopting 1 TAC §352.1, §352.3, to update citations in the rules to the Texas Government Code.
- 1.0.2.2 Adopting 1 TAC §353.8, to update citations in the rules to the Texas Government Code.
- 1.0.2.3 Adopting 1 TAC §353.101, to update citations in the rules to Texas Government Code.
- 1.0.2.4 Adopting 1 TAC §353.201, to update citations in the rules to Texas Government Code.
- 1.0.2.5 Adopting 1 TAC §§353.407, 353.425, 353.427, to update citations in the rules to the Texas Government Code.
- 1.0.2.6 Adopting 1 TAC §353.501, to update citations in the rules to Texas Government Code.
- 1.0.2.7 Adopting 1 TAC §353.901, §353.905, to update citations in the rules to the Texas Government Code.
- 1.0.2.8 Adopting 1 TAC §353.1153, §353.1155, to update citations in the rules to the Texas Government Code.
- 1.0.2.9 Adopting 1 TAC §353.1451, to update citations in the rules to Texas Government Code.
- 1.0.2.10 Adopting 1 TAC §354.1189, to update citations in the rules to Texas Government Code.
- 1.0.2.11 Adopting 1 TAC §354.1435, to update citations in the rules to Texas Government Code.
- 1.0.2.12 Adopting 1 TAC §354.1924, to update citations in the rules to Texas Government Code.
- 1.0.2.13 Adopting 1 TAC §354.1941, to update citations in the rules to Texas Government Code.
- 1.0.2.14 Adopting 1 TAC §354.2501, to update citations in the rules to Texas Government Code.
- 1.0.2.15 Adopting 1 TAC §354.2603, to update citations in the rules to Texas Government Code.
- 1.0.2.16 Adopting 1 TAC §354.3001, to update citations in the rules to Texas Government Code.
- 1.0.2.17 Adopting 1 TAC §354.4001, §354.4003, to update citations in the rules to Texas Government Code.
- 1.0.2.18 Adopting 1 TAC §354.5011, to update citations in the rules to Texas Government Code.
- 1.0.2.19 Adopting 1 TAC §355.201, to update citations in the rules to Texas Government Code.
- 1.0.2.20 Adopting 1 TAC §355.311, to update citations in the rules to Texas Government Code.
- 1.0.2.21 Adopting 1 TAC §355.7001, to update citations in the rules to Texas Government Code.
- 1.0.2.22 Adopting 1 TAC §355.8200, to update citations in the rules to Texas Government Code.
- 1.0.2.23 Adopting 1 TAC §355.8261, to update citations in the rules to Texas Government Code.
- 1.0.2.24 Adopting 1 TAC §357.562, to update citations in the rules to Texas Government Code.
- 1.0.2.25 Adopting 1 TAC §360.101, to update citations in the rules to Texas Government Code.
- 1.0.2.26 Adopting 1 TAC §361.101, to update citations in the rules to Texas Government Code.
- 1.0.2.27 Adopting 1 TAC §370.501, to update citations in the rules to Texas Government Code.
- 1.0.2.28 Adopting 1 TAC §380.101, to update citations in the rules to Texas Government Code.
- 1.0.2.29 Adopting 1 TAC §391.247, to update citations in the rules to Texas Government Code.
- 1.0.2.30 Adopting 1 TAC §395.2, to update citations in the rules to Texas Government Code.
- 1.0.3 In Addition Re:
- 2 Texas Department of State Health Services
- 2.0.1 Adopted Rules Re:
- 2.0.1.1 Adopting 25 TAC §§40.41 – 40.49, to edit language to reflect updated references and definitions, and implement policy requirements for school personnel and volunteers authorized to administer medications, referral to primary healthcare providers, and the provision of information for selecting healthcare providers.
- 2.0.1.2 Adopting 25 TAC §289.130, to replace terms to update references to statutory authority and other non-substantive edits.
- 2.0.1 Adopted Rules Re:
- 3 Texas Council on Alzheimer’s Disease and Related Disorders
Texas Health and Human Services Commission
Proposed Rules Re:
Amending 26 TAC §§745.8801 – 745.8803, 745.8805, 745.8807, 745.8809, 745.8811, 745.8813, 745.8815, to update administrative reviews and due process hearings.
CHAPTER 745. LICENSING
SUBCHAPTER M. ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS
DIVISION 1. ADMINISTRATIVE REVIEWS
26 TAC §§745.8801 – 745.8803, 745.8805, 745.8807, 745.8809, 745.8811, 745.8813, 745.8815
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §745.8801, concerning what is an administrative review; §745.8803, concerning who may request an administrative review; §745.8805, concerning how does a person request an administrative review; §745.8807, concerning how does a person waive the right to an administrative review; §745.8809, concerning who conducts an administrative review; §745.8811, concerning how is an administrative review conducted; §745.8813, concerning what actions may the person conducting the administrative review take at the end of the review; §745.8815, concerning when will the person who conducts the administrative review issue a decision; §745.8835, concerning who may request a due process hearing; and new §745.8802, concerning Requesting Records for an Administrative Review.
BACKGROUND AND PURPOSE
The purpose of the proposal is to update Texas Administrative Code (TAC), Title 26, Part 1, Chapter 745, Licensing, as it relates to administrative reviews and due process hearings. The proposal will establish guidelines regarding records that an operation or individual requests in relation to an administrative review, including the records that are relevant to different administrative review subjects and the effect of a records request on when a review may occur. The proposal will also address the ability to request an administrative review related to a waiver or variance decision that matches the language in 26 TAC Chapter 745, Subchapter J, Waivers and Variances for Minimum Standards. The proposal will also clarify a person’s inability to request an administrative review or due process hearing related to certain subjects and amend certain rule titles from the current question format.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §745.8801 changes the title from the question format; amends subsection (b) to explain the scope of an administrative review based on a specific decision or action as outlined in new Figure: 26 TAC §745.8801(b); adds subsection (c) to explain the HHSC ability to consider a deficiency for which an operation has requested an administrative review in relation to an enforcement action; and moves the language in current subsection (b) concerning the HHSC inability to finalize a decision or action subject to an administrative review until due process rights related to the decision or action are exhausted and the possible impact on a provider’s ability to operate to subsection (d).
Proposed new §745.8802 explains a person’s ability to request an investigation report from certain databases in relation to a request for an administrative review; requires that HHSC receive a request under subsection (a) via email or online within a 15-day timeframe; clarifies that HHSC generally may proceed with the administrative review process after producing requested documents; and clarifies circumstances when HHSC will not delay an administrative review due to a records request.
The proposed amendment to §745.8803 changes the title from the question format; adds language concerning an operation’s ability to request an administrative review related to the denial, amendment, or revocation of a waiver or variance or disagreement with the original expiration date or conditions in amended Figure: 26 TAC §745.8803(a); clarifies a person’s inability to request an administrative review related to a determination that the person poses an immediate threat related to criminal history or findings of child abuse, neglect, or exploitation; and clarifies that an operation cannot request an administrative review to challenge an automatic revocation that occurs because of a change of ownership under Human Resources Code (HRC) §42.048(e).
The proposed amendment to §745.8805 changes the title from the question format and clarifies details regarding requesting an administrative review.
The proposed amendment to §745.8807 changes the title from the question format; amends the title of a reference to §745.8805 to match its proposed new title; and edits capitalization of a reference.
The proposed amendments to §745.8809 and §745.8811 change the title from the question format and update references.
The proposed amendments to §745.8813 and §745.8815 change the title from the question format and updates the title of §745.8811 in a reference. The proposed amendment to §745.8813(c) clarifies if the person who is conducting the administrative review, overturn or alter the decision or action, HHSC will update the records to reflect the change.
Amending 26 TAC §745.8835, to clarify when a person and operation cannot request a due process hearing.
CHAPTER 745. LICENSING
SUBCHAPTER M. ADMINISTRATIVE REVIEWS AND DUE PROCESS HEARINGS
DIVISION 2. DUE PROCESS HEARINGS
26 TAC §745.8835
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §745.8801, concerning what is an administrative review; §745.8803, concerning who may request an administrative review; §745.8805, concerning how does a person request an administrative review; §745.8807, concerning how does a person waive the right to an administrative review; §745.8809, concerning who conducts an administrative review; §745.8811, concerning how is an administrative review conducted; §745.8813, concerning what actions may the person conducting the administrative review take at the end of the review; §745.8815, concerning when will the person who conducts the administrative review issue a decision; §745.8835, concerning who may request a due process hearing; and new §745.8802, concerning Requesting Records for an Administrative Review.
BACKGROUND AND JUSTIFICATION
The purpose of the proposal is to update Texas Administrative Code (TAC), Title 26, Part 1, Chapter 745, Licensing, as it relates to administrative reviews and due process hearings. The proposal will establish guidelines regarding records that an operation or individual requests in relation to an administrative review, including the records that are relevant to different administrative review subjects and the effect of a records request on when a review may occur. The proposal will also address the ability to request an administrative review related to a waiver or variance decision that matches the language in 26 TAC Chapter 745, Subchapter J, Waivers and Variances for Minimum Standards. The proposal will also clarify a person’s inability to request an administrative review or due process hearing related to certain subjects and amend certain rule titles from the current question format.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §745.8835 clarifies a person’s inability to request a due process hearing to challenge a determination that the person poses an immediate threat related to criminal history or a finding of child abuse, neglect, or exploitation in amended Figure: 26 TAC §745.8835(a); and clarifies that an operation cannot request a due process hearing to challenge an automatic revocation that occurs because of a change of ownership under HRC §42.048(e).
Adopted Rules Re:
Adopting 1 TAC §352.1, §352.3, to update citations in the rules to the Texas Government Code.
CHAPTER 352. MEDICAID AND CHILDREN’S HEALTH INSURANCE PROGRAM PROVIDER ENROLLMENT
1 TAC §352.1, §352.3
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §352.1, concerning Purpose; and §352.3, concerning Definitions.
The amendments to §352.1 and §352.3 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9100). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §353.8, to update citations in the rules to the Texas Government Code.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER A. GENERAL PROVISIONS
1 TAC §353.8
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §353.8, concerning Certification of Managed Care Organizations Prior to Contract Awards; §353.101, concerning Purpose; §353.201, concerning Purpose; §353.407, concerning Requirements of Managed Care Plans; §353.425, MCO Processing of Prior Authorization Requests Received with Incomplete or Insufficient Documentation; §353.427, Accessibility of Information Regarding Medicaid Prior Authorization Requirements; §353.501, concerning Purpose; §353.901, concerning Purpose; §353.905, concerning Managed Care Organization Requirements; §353.1153, concerning STAR+PLUS Home and Community Based Services (HCBS) Program; §353.1155, concerning Medically Dependent Children Program; and §353.1451, concerning Purpose and Authority.
The amendments to §§353.8, 353.101, 353.201, 353.407, 353.425, 353.427, 353.501, 353.901, 353.905, 353.1153, 353.1155, and 353.1451 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9102). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §353.101, to update citations in the rules to Texas Government Code.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER B. PROVIDER AND MEMBER EDUCATION PROGRAMS
1 TAC §353.101
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §353.8, concerning Certification of Managed Care Organizations Prior to Contract Awards; §353.101, concerning Purpose; §353.201, concerning Purpose; §353.407, concerning Requirements of Managed Care Plans; §353.425, MCO Processing of Prior Authorization Requests Received with Incomplete or Insufficient Documentation; §353.427, Accessibility of Information Regarding Medicaid Prior Authorization Requirements; §353.501, concerning Purpose; §353.901, concerning Purpose; §353.905, concerning Managed Care Organization Requirements; §353.1153, concerning STAR+PLUS Home and Community Based Services (HCBS) Program; §353.1155, concerning Medically Dependent Children Program; and §353.1451, concerning Purpose and Authority.
The amendments to §§353.8, 353.101, 353.201, 353.407, 353.425, 353.427, 353.501, 353.901, 353.905, 353.1153, 353.1155, and 353.1451 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9102). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §353.201, to update citations in the rules to Texas Government Code.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER C. MEMBER BILL OF RIGHTS AND RESPONSIBILITIES
1 TAC §353.201
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §353.8, concerning Certification of Managed Care Organizations Prior to Contract Awards; §353.101, concerning Purpose; §353.201, concerning Purpose; §353.407, concerning Requirements of Managed Care Plans; §353.425, MCO Processing of Prior Authorization Requests Received with Incomplete or Insufficient Documentation; §353.427, Accessibility of Information Regarding Medicaid Prior Authorization Requirements; §353.501, concerning Purpose; §353.901, concerning Purpose; §353.905, concerning Managed Care Organization Requirements; §353.1153, concerning STAR+PLUS Home and Community Based Services (HCBS) Program; §353.1155, concerning Medically Dependent Children Program; and §353.1451, concerning Purpose and Authority.
The amendments to §§353.8, 353.101, 353.201, 353.407, 353.425, 353.427, 353.501, 353.901, 353.905, 353.1153, 353.1155, and 353.1451 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9102). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §§353.407, 353.425, 353.427, to update citations in the rules to the Texas Government Code.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER E. STANDARDS FOR MEDICAID MANAGED CARE
1 TAC §§353.407, 353.425, 353.427
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §353.8, concerning Certification of Managed Care Organizations Prior to Contract Awards; §353.101, concerning Purpose; §353.201, concerning Purpose; §353.407, concerning Requirements of Managed Care Plans; §353.425, MCO Processing of Prior Authorization Requests Received with Incomplete or Insufficient Documentation; §353.427, Accessibility of Information Regarding Medicaid Prior Authorization Requirements; §353.501, concerning Purpose; §353.901, concerning Purpose; §353.905, concerning Managed Care Organization Requirements; §353.1153, concerning STAR+PLUS Home and Community Based Services (HCBS) Program; §353.1155, concerning Medically Dependent Children Program; and §353.1451, concerning Purpose and Authority.
The amendments to §§353.8, 353.101, 353.201, 353.407, 353.425, 353.427, 353.501, 353.901, 353.905, 353.1153, 353.1155, and 353.1451 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9102). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §353.501, to update citations in the rules to Texas Government Code.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER F. SPECIAL INVESTIGATIVE UNITS
1 TAC §353.501
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §353.8, concerning Certification of Managed Care Organizations Prior to Contract Awards; §353.101, concerning Purpose; §353.201, concerning Purpose; §353.407, concerning Requirements of Managed Care Plans; §353.425, MCO Processing of Prior Authorization Requests Received with Incomplete or Insufficient Documentation; §353.427, Accessibility of Information Regarding Medicaid Prior Authorization Requirements; §353.501, concerning Purpose; §353.901, concerning Purpose; §353.905, concerning Managed Care Organization Requirements; §353.1153, concerning STAR+PLUS Home and Community Based Services (HCBS) Program; §353.1155, concerning Medically Dependent Children Program; and §353.1451, concerning Purpose and Authority.
The amendments to §§353.8, 353.101, 353.201, 353.407, 353.425, 353.427, 353.501, 353.901, 353.905, 353.1153, 353.1155, and 353.1451 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9102). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §353.901, §353.905, to update citations in the rules to the Texas Government Code.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER J. OUTPATIENT PHARMACY SERVICES
1 TAC §353.901, §353.905
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §353.8, concerning Certification of Managed Care Organizations Prior to Contract Awards; §353.101, concerning Purpose; §353.201, concerning Purpose; §353.407, concerning Requirements of Managed Care Plans; §353.425, MCO Processing of Prior Authorization Requests Received with Incomplete or Insufficient Documentation; §353.427, Accessibility of Information Regarding Medicaid Prior Authorization Requirements; §353.501, concerning Purpose; §353.901, concerning Purpose; §353.905, concerning Managed Care Organization Requirements; §353.1153, concerning STAR+PLUS Home and Community Based Services (HCBS) Program; §353.1155, concerning Medically Dependent Children Program; and §353.1451, concerning Purpose and Authority.
The amendments to §§353.8, 353.101, 353.201, 353.407, 353.425, 353.427, 353.501, 353.901, 353.905, 353.1153, 353.1155, and 353.1451 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9102). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §353.1153, §353.1155, to update citations in the rules to the Texas Government Code.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER M. HOME AND COMMUNITY BASED SERVICES IN MANAGED CARE
1 TAC §353.1153, §353.1155
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §353.8, concerning Certification of Managed Care Organizations Prior to Contract Awards; §353.101, concerning Purpose; §353.201, concerning Purpose; §353.407, concerning Requirements of Managed Care Plans; §353.425, MCO Processing of Prior Authorization Requests Received with Incomplete or Insufficient Documentation; §353.427, Accessibility of Information Regarding Medicaid Prior Authorization Requirements; §353.501, concerning Purpose; §353.901, concerning Purpose; §353.905, concerning Managed Care Organization Requirements; §353.1153, concerning STAR+PLUS Home and Community Based Services (HCBS) Program; §353.1155, concerning Medically Dependent Children Program; and §353.1451, concerning Purpose and Authority.
The amendments to §§353.8, 353.101, 353.201, 353.407, 353.425, 353.427, 353.501, 353.901, 353.905, 353.1153, 353.1155, and 353.1451 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9102). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §353.1451, to update citations in the rules to Texas Government Code.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER Q. PROCESS TO RECOUP CERTAIN OVERPAYMENTS
1 TAC §353.1451
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §353.8, concerning Certification of Managed Care Organizations Prior to Contract Awards; §353.101, concerning Purpose; §353.201, concerning Purpose; §353.407, concerning Requirements of Managed Care Plans; §353.425, MCO Processing of Prior Authorization Requests Received with Incomplete or Insufficient Documentation; §353.427, Accessibility of Information Regarding Medicaid Prior Authorization Requirements; §353.501, concerning Purpose; §353.901, concerning Purpose; §353.905, concerning Managed Care Organization Requirements; §353.1153, concerning STAR+PLUS Home and Community Based Services (HCBS) Program; §353.1155, concerning Medically Dependent Children Program; and §353.1451, concerning Purpose and Authority.
The amendments to §§353.8, 353.101, 353.201, 353.407, 353.425, 353.427, 353.501, 353.901, 353.905, 353.1153, 353.1155, and 353.1451 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9102). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §354.1189, to update citations in the rules to Texas Government Code.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER A. PURCHASED HEALTH SERVICES
DIVISION 11. GENERAL ADMINISTRATION
1 TAC §354.1189
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §354.1189, concerning Acute Care Medicaid Billing Coordination System; §354.1435, concerning Provision of Behavioral Health Services through an Audio-Only Platform; §354.1924, concerning Preferred Drug List; §354.1941, concerning Drug Utilization Review Board; §354.2501, concerning Definitions; §354.2603, concerning Definitions; §354.3001, concerning Purpose and Applicability; §354.4001, concerning Purpose and Authority; §354.4003, concerning Definitions; and §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services.
The amendments to §§354.1189, 354.1435, 354.1941, 354.2501, 354.2603, 354.3001, 354.4001, 354.4003, and 354.5011 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). These rules will not be republished.
The amendment to §354.1924 is adopted with changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). The rule will be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §354.1435, to update citations in the rules to Texas Government Code.
CHAPTER 354. MEDICAID HEALTH SERVICES
DIVISION 33. ADVANCED TELECOMMUNICATIONS SERVICES
1 TAC §354.1435
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §354.1189, concerning Acute Care Medicaid Billing Coordination System; §354.1435, concerning Provision of Behavioral Health Services through an Audio-Only Platform; §354.1924, concerning Preferred Drug List; §354.1941, concerning Drug Utilization Review Board; §354.2501, concerning Definitions; §354.2603, concerning Definitions; §354.3001, concerning Purpose and Applicability; §354.4001, concerning Purpose and Authority; §354.4003, concerning Definitions; and §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services.
The amendments to §§354.1189, 354.1435, 354.1941, 354.2501, 354.2603, 354.3001, 354.4001, 354.4003, and 354.5011 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). These rules will not be republished.
The amendment to §354.1924 is adopted with changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). The rule will be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §354.1924, to update citations in the rules to Texas Government Code.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER F. PHARMACY SERVICES
DIVISION 7. TEXAS DRUG CODE INDEX–ADDITIONS, RETENTIONS, AND DELETIONS
1 TAC §354.1924
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §354.1189, concerning Acute Care Medicaid Billing Coordination System; §354.1435, concerning Provision of Behavioral Health Services through an Audio-Only Platform; §354.1924, concerning Preferred Drug List; §354.1941, concerning Drug Utilization Review Board; §354.2501, concerning Definitions; §354.2603, concerning Definitions; §354.3001, concerning Purpose and Applicability; §354.4001, concerning Purpose and Authority; §354.4003, concerning Definitions; and §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services.
The amendments to §§354.1189, 354.1435, 354.1941, 354.2501, 354.2603, 354.3001, 354.4001, 354.4003, and 354.5011 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). These rules will not be republished.
The amendment to §354.1924 is adopted with changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). The rule will be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §354.1941, to update citations in the rules to Texas Government Code.
CHAPTER 354. MEDICAID HEALTH SERVICES
DIVISION 8. DRUG UTILIZATION REVIEW BOARD
1 TAC §354.1941
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §354.1189, concerning Acute Care Medicaid Billing Coordination System; §354.1435, concerning Provision of Behavioral Health Services through an Audio-Only Platform; §354.1924, concerning Preferred Drug List; §354.1941, concerning Drug Utilization Review Board; §354.2501, concerning Definitions; §354.2603, concerning Definitions; §354.3001, concerning Purpose and Applicability; §354.4001, concerning Purpose and Authority; §354.4003, concerning Definitions; and §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services.
The amendments to §§354.1189, 354.1435, 354.1941, 354.2501, 354.2603, 354.3001, 354.4001, 354.4003, and 354.5011 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). These rules will not be republished.
The amendment to §354.1924 is adopted with changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). The rule will be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §354.2501, to update citations in the rules to Texas Government Code.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER L. QUALITY IMPROVEMENT PROCESS FOR CLINICAL INITIATIVES
1 TAC §354.2501
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §354.1189, concerning Acute Care Medicaid Billing Coordination System; §354.1435, concerning Provision of Behavioral Health Services through an Audio-Only Platform; §354.1924, concerning Preferred Drug List; §354.1941, concerning Drug Utilization Review Board; §354.2501, concerning Definitions; §354.2603, concerning Definitions; §354.3001, concerning Purpose and Applicability; §354.4001, concerning Purpose and Authority; §354.4003, concerning Definitions; and §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services.
The amendments to §§354.1189, 354.1435, 354.1941, 354.2501, 354.2603, 354.3001, 354.4001, 354.4003, and 354.5011 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). These rules will not be republished.
The amendment to §354.1924 is adopted with changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). The rule will be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §354.2603, to update citations in the rules to Texas Government Code.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER M. MENTAL HEALTH TARGETED CASE MANAGEMENT AND MENTAL HEALTH REHABILITATION
DIVISION 1. GENERAL PROVISIONS
1 TAC §354.2603
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §354.1189, concerning Acute Care Medicaid Billing Coordination System; §354.1435, concerning Provision of Behavioral Health Services through an Audio-Only Platform; §354.1924, concerning Preferred Drug List; §354.1941, concerning Drug Utilization Review Board; §354.2501, concerning Definitions; §354.2603, concerning Definitions; §354.3001, concerning Purpose and Applicability; §354.4001, concerning Purpose and Authority; §354.4003, concerning Definitions; and §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services.
The amendments to §§354.1189, 354.1435, 354.1941, 354.2501, 354.2603, 354.3001, 354.4001, 354.4003, and 354.5011 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). These rules will not be republished.
The amendment to §354.1924 is adopted with changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). The rule will be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §354.3001, to update citations in the rules to Texas Government Code.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER N. PEER SPECIALIST SERVICES
DIVISION 1. GENERAL PROVISIONS
1 TAC §354.3001
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §354.1189, concerning Acute Care Medicaid Billing Coordination System; §354.1435, concerning Provision of Behavioral Health Services through an Audio-Only Platform; §354.1924, concerning Preferred Drug List; §354.1941, concerning Drug Utilization Review Board; §354.2501, concerning Definitions; §354.2603, concerning Definitions; §354.3001, concerning Purpose and Applicability; §354.4001, concerning Purpose and Authority; §354.4003, concerning Definitions; and §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services.
The amendments to §§354.1189, 354.1435, 354.1941, 354.2501, 354.2603, 354.3001, 354.4001, 354.4003, and 354.5011 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). These rules will not be republished.
The amendment to §354.1924 is adopted with changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). The rule will be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §354.4001, §354.4003, to update citations in the rules to Texas Government Code.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER O. ELECTRONIC VISIT VERIFICATION
1 TAC §354.4001, §354.4003
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §354.1189, concerning Acute Care Medicaid Billing Coordination System; §354.1435, concerning Provision of Behavioral Health Services through an Audio-Only Platform; §354.1924, concerning Preferred Drug List; §354.1941, concerning Drug Utilization Review Board; §354.2501, concerning Definitions; §354.2603, concerning Definitions; §354.3001, concerning Purpose and Applicability; §354.4001, concerning Purpose and Authority; §354.4003, concerning Definitions; and §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services.
The amendments to §§354.1189, 354.1435, 354.1941, 354.2501, 354.2603, 354.3001, 354.4001, 354.4003, and 354.5011 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). These rules will not be republished.
The amendment to §354.1924 is adopted with changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). The rule will be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §354.5011, to update citations in the rules to Texas Government Code.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER P. AUTISM SERVICES
DIVISION 2. SERVICE PROVIDERS
1 TAC §354.5011
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §354.1189, concerning Acute Care Medicaid Billing Coordination System; §354.1435, concerning Provision of Behavioral Health Services through an Audio-Only Platform; §354.1924, concerning Preferred Drug List; §354.1941, concerning Drug Utilization Review Board; §354.2501, concerning Definitions; §354.2603, concerning Definitions; §354.3001, concerning Purpose and Applicability; §354.4001, concerning Purpose and Authority; §354.4003, concerning Definitions; and §354.5011, concerning Providers of Applied Behavior Analysis (ABA) Services.
The amendments to §§354.1189, 354.1435, 354.1941, 354.2501, 354.2603, 354.3001, 354.4001, 354.4003, and 354.5011 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). These rules will not be republished.
The amendment to §354.1924 is adopted with changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9115). The rule will be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §355.201, to update citations in the rules to Texas Government Code.
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER B. ESTABLISHMENT AND ADJUSTMENT OF REIMBURSEMENT RATES FOR MEDICAID
1 TAC §355.201
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §355.201, concerning Establishment and Adjustment of Reimbursement Rates for Medicaid; §355.311, concerning Medicaid Reimbursement Rates for State Veterans Homes; §355.7001, concerning Reimbursement Methodology for Telemedicine, Telehealth, and Home Telemonitoring Services; §355.8200, concerning Retained Funds for the Uncompensated Care Program; and §355.8261, concerning Federally Qualified Health Center Services Reimbursement.
The amendments to §§355.201, 355.311, 355.7001, 355.8200, and 355.8261 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9125). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §355.311, to update citations in the rules to Texas Government Code.
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER C. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES
1 TAC §355.311
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §355.201, concerning Establishment and Adjustment of Reimbursement Rates for Medicaid; §355.311, concerning Medicaid Reimbursement Rates for State Veterans Homes; §355.7001, concerning Reimbursement Methodology for Telemedicine, Telehealth, and Home Telemonitoring Services; §355.8200, concerning Retained Funds for the Uncompensated Care Program; and §355.8261, concerning Federally Qualified Health Center Services Reimbursement.
The amendments to §§355.201, 355.311, 355.7001, 355.8200, and 355.8261 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9125). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §355.7001, to update citations in the rules to Texas Government Code.
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER G. ADVANCED TELECOMMUNICATIONS SERVICES AND OTHER COMMUNITY-BASED SERVICES
1 TAC §355.7001
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §355.201, concerning Establishment and Adjustment of Reimbursement Rates for Medicaid; §355.311, concerning Medicaid Reimbursement Rates for State Veterans Homes; §355.7001, concerning Reimbursement Methodology for Telemedicine, Telehealth, and Home Telemonitoring Services; §355.8200, concerning Retained Funds for the Uncompensated Care Program; and §355.8261, concerning Federally Qualified Health Center Services Reimbursement.
The amendments to §§355.201, 355.311, 355.7001, 355.8200, and 355.8261 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9125). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §355.8200, to update citations in the rules to Texas Government Code.
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER J. PURCHASED HEALTH SERVICES
DIVISION 11. TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT
1 TAC §355.8200
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §355.201, concerning Establishment and Adjustment of Reimbursement Rates for Medicaid; §355.311, concerning Medicaid Reimbursement Rates for State Veterans Homes; §355.7001, concerning Reimbursement Methodology for Telemedicine, Telehealth, and Home Telemonitoring Services; §355.8200, concerning Retained Funds for the Uncompensated Care Program; and §355.8261, concerning Federally Qualified Health Center Services Reimbursement.
The amendments to §§355.201, 355.311, 355.7001, 355.8200, and 355.8261 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9125). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §355.8261, to update citations in the rules to Texas Government Code.
CHAPTER 355. REIMBURSEMENT RATES
DIVISION 14. FEDERALLY QUALIFIED HEALTH CENTER SERVICES
1 TAC §355.8261
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §355.201, concerning Establishment and Adjustment of Reimbursement Rates for Medicaid; §355.311, concerning Medicaid Reimbursement Rates for State Veterans Homes; §355.7001, concerning Reimbursement Methodology for Telemedicine, Telehealth, and Home Telemonitoring Services; §355.8200, concerning Retained Funds for the Uncompensated Care Program; and §355.8261, concerning Federally Qualified Health Center Services Reimbursement.
The amendments to §§355.201, 355.311, 355.7001, 355.8200, and 355.8261 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9125). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. These adopted amendments update citations in the rules to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §357.562, to update citations in the rules to Texas Government Code.
CHAPTER 357. HEARINGS
SUBCHAPTER L. FRAUD INVOLVING RECIPIENTS
1 TAC §357.562
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §357.562, concerning Determination and Disposition of Intentional Program Violations.
The amendment to §357.562 is adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9137). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. This adopted amendment updates citations in the rule to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §360.101, to update citations in the rules to Texas Government Code.
CHAPTER 360. MEDICAID BUY-IN PROGRAM
1 TAC §360.101
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §360.101, concerning Overview and Purpose.
The amendment to §360.101 is adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9139). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. This adopted amendment updates citations in the rule to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §361.101, to update citations in the rules to Texas Government Code.
CHAPTER 361. MEDICAID BUY-IN FOR CHILDREN PROGRAM
1 TAC §361.101
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §361.101, concerning Overview and Purpose.
The amendment to §361.101 is adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9140). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. This adopted amendment updates citations in the rule to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §370.501, to update citations in the rules to Texas Government Code.
CHAPTER 370. STATE CHILDREN’S HEALTH INSURANCE PROGRAM
SUBCHAPTER F. SPECIAL INVESTIGATIVE UNITS
1 TAC §370.501
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §370.501, concerning Purpose.
The amendment to §370.501 is adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9141). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. This adopted amendment updates citations in the rule to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §380.101, to update citations in the rules to Texas Government Code.
CHAPTER 380. MEDICAL TRANSPORTATION PROGRAM
SUBCHAPTER A. PROGRAM OVERVIEW
1 TAC §380.101
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §380.101, concerning Definitions.
The amendment to §380.101 is adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9142). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. This adopted amendment updates citations in the rule to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §391.247, to update citations in the rules to Texas Government Code.
CHAPTER 391. PURCHASE OF GOODS AND SERVICES BY THE TEXAS HEALTH AND HUMAN SERVICES COMMISSION
SUBCHAPTER B. PROCUREMENT AND SPECIAL CONTRACTING METHODS
DIVISION 2. SPECIAL CONTRACTING METHODS
1 TAC §391.247
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §391.247, concerning Direct Contract Award.
The amendment to §391.247 is adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9145). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. This adopted amendment updates citations in the rule to the Texas Government Code sections that become effective on April 1, 2025.
Adopting 1 TAC §395.2, to update citations in the rules to Texas Government Code.
CHAPTER 395. CIVIL RIGHTS
SUBCHAPTER A. GENERAL PROVISIONS
1 TAC §395.2
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §395.2, concerning Definitions.
The §395.2 is adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9146). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023, made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the Texas Legislature’s ongoing statutory revision program. This adopted amendment updates citations in the rule to the Texas Government Code sections that become effective on April 1, 2025.
In Addition Re:
Public Notice – Texas State Plan for Medical Assistance Amendment
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 amendment is effective March 1, 2025.
Texas Department of State Health Services
Adopted Rules Re:
CHAPTER 40. STOCK MEDICATION IN SCHOOLS AND OTHER ENTITIES
SUBCHAPTER D. MAINTENANCE AND ADMINISTRATION OF MEDICATION FOR RESPIRATORY DISTRESS
25 TAC §§40.41 – 40.49
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to 25 Texas Administrative Code (TAC) Chapter 40, Subchapter D, §§40.41 – 40.49, concerning Maintenance and Administration of Asthma Medication.
Section 40.44 and §40.46 are adopted with changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9183) and these rules will be republished. Sections 40.41 – 40.43, 40.45, and 40.47 – 40.49 are adopted without changes to the proposed text as published in the November 15, 2024, issue of the Texas Register (49 TexReg 9183), and therefore will not be republished.
BACKGROUND AND JUSTIFICATION
The adoption implements Senate Bill (S.B.) 294, 88th Legislature, Regular Session, 2023, which amends Texas Education Code (TEC) Chapter 38, Subchapter E by replacing references to asthma medication with medication for respiratory distress. As required by TEC §38.208, the Texas Education Agency (TEA) and the Stock Epinephrine Advisory Committee (SEAC) were consulted and provided recommendations to the proposed rules relating to the maintenance, administration, and disposal of medication for respiratory distress at a school campus subject to a policy adopted and implemented by each school district, open-enrollment charter school, and private school. TEC §38.208 also requires the rules to establish the process for checking inventory, the amount of training for school personnel and volunteers, and the types of medication that may be administered. Finally, TEC §38.2091 requires schools to report information on the administration of medication for respiratory distress to the commissioner of DSHS.
CHAPTER 289. RADIATION CONTROL
SUBCHAPTER C. TEXAS REGULATIONS FOR CONTROL OF RADIATION
25 TAC §289.130
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §289.130, concerning the Radiation Advisory Board.
The amendment to §289.130 is adopted without changes to the proposed text as published in the November 1, 2024, issue of the Texas Register (49 TexReg 8674). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
Senate Bill (S.B.) 1592, 88th Legislature, Regular Session, 2023, amends Texas Health and Safety Code (HSC) Title 5, Subtitle D, Chapter 401, §401.015(a), requiring the addition of one new representative licensed by the Board of Veterinary Medical Examiners to the Radiation Advisory Board and changing the composition of the board from 18 to 19 representatives. Additional amendments include rearranging the rule to align with HHSC advisory board rule-drafting guidelines and adding requirements found in Texas HSC.
Texas Council on Alzheimer’s Disease and Related Disorders
Adopted Rule Reviews Re:
Adopting Title 25, Part 12, concerning Procedures.
The Texas Council on Alzheimer’s Disease and Related Disorders (Council) adopts the review of the chapter below in Title 25, Part 12, of the Texas Administrative Code (TAC):
Chapter 801, Procedures