Texas Register February 19, 2021 Volume: 46 Number: 8

1. Governor

  • Appointments re:
    • Governor appoints one new member and reappoints two members to the Texas State Board of Examiners of Marriage and Family Therapists.
    • Governor reappoints Cecile Erwin Young as the Executive Commissioner of Health and Human Services.
  • Notices re:
    • Proclamation 41-3805: Renewing the disaster classification for all Texas counties in response to COVID-19.

2. Texas Health and Human Services Commission

  • Adopted Rules re:
    • Amending 1 TAC §355.8261 to update reimbursement rates for the provision of telehealth services by Federally Qualified Health Centers.
    • New 26 TAC, Chapter 306, Subchapter G, establishing HHSC’s authority over the drug formulary for mental health services.
  • Emergency Rule re:
    • New 26 TAC §500.4, allowing licensed hospitals to participate in the CMS “hospitals at home” program during the COVID-19 pandemic.
    • Renewing emergency rule 26 TAC §500.21, which modifies certain requirements for End Stage Renal Disease facilities in response to the COVID-19 pandemic.
    • New 26 TAC §553.2001, imposing requirements on assisted living facilities for the containment of COVID-19.
    • New 26 TAC §554.2802, allowing certain nursing facilities to request a temporary Medicaid capacity increase in response to COVID-19.
  • In Addition re:
    • Notice of public hearing on proposed Medicaid payment rates for the Medical Policy Review of Autism Services.
    • Public Notice – Texas State Plan for Medical Assistance Amendments (effective March 1, 2021).
  • Proposed Rules re:
    • Repealing current Chapter 391 and replacing with new Chapter 391 to clarify rules governing HHSC’s purchase of goods and services.
    • Amending 26 TAC §213.101 and §213.203 to provide Area Agencies on Aging greater flexibility in providing home-delivered meals.

3. Texas State Board of Examiners of Psychologists

  • Proposed Rules re:
    • Amending 22 TAC §463.10 to clarify the “substantial equivalence” requirement for psychologists licensed before 1979.
    • Amending 22 TAC §463.35 to delete redundant language concerning the professional development requirement.
    • Repealing 22 TAC §463.40 to allow for the adoption of a new rule governing the licensure for persons with a criminal history.
    • New 22 TAC §463.40, standardizing rules for licensure of persons with a criminal history.
    • Amending 22 TAC §465.1 to delete a term that is irrelevant to the rules of practice.
    • Amending 22 TAC §465.2 to clarify rules for providing supervision using asynchronous telecommunication.
    • Amending 22 TAC §465.13 to clarify rules governing personal problems, conflicts and dual relationships.

4. Texas Department of Insurance

  • Proposed Rules re:
    • Repealing 28 TAC §§21.2401-21.2407 to allow for the adoption of new rules requiring coverage parity for mental health conditions and substance use disorders.
    • New 28 TAC §§21.2401-21.2414, establishing general parity requirements for mental health services and substance use disorders.
    • New 28 TAC §§21.2421-21.2427, requiring parity with regard to notices and data collection for mental health conditions and substance use disorders.
    • New 28 TAC §§21.2431 – 21.2441, requiring issuers to analyze compliance with parity rules for mental health conditions and substance use disorders.
    • New 28 TAC §§21.2451-21.2453, updating parity rules for coverage of Autism Spectrum Disorder.
    • Repealing 28 TAC §§21.4401-21.4404 to allow for the adoption of new rules requiring coverage parity for Autism Spectrum Disorder.

5. Texas Department of State Health Services

  • Adopted Rules re:
    • Repealing 25 TAC, Chapter 415, Subchapter C in its entirety to allow HHSC to assume authority over the drug formulary for mental health services.

6. Texas Department on Aging and Disability Services

  • Adopted Rules re:
    • Repealing 40 TAC, Chapter 5, Subchapter C in its entirety to allow HHSC to assume authority over the drug formulary for mental health services.

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