Texas Register February 23, 2024 Volume: 49 Number: 8

Texas Register Table of Contents

Texas Board of Occupational Therapy Examiners

Proposed Rules Re:

Amending 40 TAC §§367.1 – 367.3, to explain the two general types of acceptable continuing education activities.

CHAPTER 367. CONTINUING EDUCATION
40 TAC §§367.1 – 367.3

OVERVIEW

The Texas Board of Occupational Therapy Examiners proposes amendments to 40 Texas Administrative Code §367.1, Continuing Education; §367.2, Categories of Education; and §367.3, Continuing Education Audit. The amendments are proposed to revise current continuing education requirements, including to update requirements and assist the board in ensuring that continuing education activities taken for license renewal ensure the health, safety, and welfare of the public and directly concern occupational therapy. The amendments are also proposed to enhance the clarity of the requirements contained in and the general consistency of the chapter, to further refine the requirements for continuing education activities to ensure that relevant documentation is required and that licensees have complied with continuing education requirements, and to ensure that continuing education documentation is adequately retained. In tandem with the changes, the general structure of the sections has been reorganized for clarity.

BACKGROUND AND JUSTIFICATION

The amendments to the sections include changes to redefine acceptable continuing education activities. The revisions enumerate two general types of acceptable activities, which are eligible for continuing education credit: those that are pre-approved for continuing education credit and other activities that meet further requirements in Chapter 367, Continuing Education, of the board rules. These two types of activities generally correspond to those that are currently eligible for continuing education credit.


Proposed Rule Reviews Re:

Reviewing Title 40, Part 12, to consider for readoption, readoption with amendments, or repeal chapter 361 – 375.

The Texas Board of Occupational Therapy Examiners files this notice of its intent to review the following chapters of Title 40, Part 12 of the Texas Administrative Code: Chapter 361, Statutory Authority; Chapter 362, Definitions; Chapter 363, Consumer/Licensee Information; Chapter 364, Requirements for Licensure; Chapter 367, Continuing Education; Chapter 368, Open Records; Chapter 369, Display of Licenses; Chapter 370, License Renewal; Chapter 371, Inactive and Retired Status; Chapter 372, Provision of Services; Chapter 373, Supervision; Chapter 374, Disciplinary Actions/Detrimental Practice/Complaint Process/Code of Ethics/Licensure of Persons with Criminal Convictions; and Chapter 375, Fees. The review is conducted in accordance with Texas Government Code §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. During the review, the Board will assess whether the reasons for initially adopting the rules continue to exist.


Texas Health and Human Services Commission

Adopted Rules Re:

New 1 TAC §353.425, §353.427, implementing standards for Managed Care Organizations with regard to review of, and accessibility of requirements for, incomplete or insufficient prior authorization requests.

CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER E. STANDARDS FOR MEDICAID MANAGED CARE
1 TAC §353.425, §353.427

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts new §353.425, concerning MCO Processing of Prior Authorization Requests Received with Incomplete or Insufficient Documentation, and new §353.427, concerning Accessibility of Information Regarding Medicaid Prior Authorization Requirements.

Section 353.425 is adopted with changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 4948). The rule will be republished.

Section 353.427 is adopted without changes to the proposed text as published in the September 8, 2023, issue of the Texas Register (48 TexReg 4948). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

New §353.425 and §353.427 are necessary to comply with Texas Government Code §533.00282, §533.00284, §533.002841, and §531.024163 as added by Senate Bill 1207, 86th Legislature, Regular Session, 2019, which require HHSC to establish a uniform process and timeline for a prior authorization (PA) request submitted with incomplete or insufficient information or documentation and require Medicaid managed care organizations (MCOs) to improve website accessibility of information related to PA requirements.


Proposed Rule Reviews Re:

Reviewing Title 1, Part 15, to consider for readoption, revision, or repeal the chapter regarding Temporary Assistance for Needy Families and Supplemental Nutrition Assistance Programs.

The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 1, Part 15, of the Texas Administrative Code:

Chapter 372, Temporary Assistance for Needy Families and Supplemental Nutrition Assistance Programs


Adopted Rule Reviews Re:

Adopting Title 1, Part 15, regarding Refugee Cash Assistance and Medical Assistance Programs.

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

Chapter 375, Refugee Cash Assistance and Medical Assistance Programs


Adopting Title 26, Part 1, concerning County Indigent Health Care Program.

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

Chapter 363, County Indigent Health Care Program


In Addition Re:

Change of Public Comment Contact Information

OVERVIEW

The Texas Health and Human Services Commission (HHSC) published proposed new 26 TAC Chapter 307, Behavioral Health Program, Subchapter G, Behavioral Health Grant and Funding Programs, in the February 9, 2024, issue of the Texas Register (49 TexReg 620).


Public Notice – Revised Youth Empowerment Services (YES) Waiver Amendment

OVERVIEW

The original notice regarding the Youth Empowerment Services (YES) waiver program amendment request was posted in the Texas Register on February 16, 2024. This revised notice reflects additional changes to the amendment request to include the modified timeframes for monitoring reviews in Appendices A, B, C, D, G, H, and I. This revised notice, extends the comment period by one week.

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) to amend the waiver application for the Youth Empowerment Services (YES) Program. HHSC administers the YES Program under the authority of Section 1915(c) of the Social Security Act. CMS has approved the YES waiver application through March 31, 2028. The proposed effective date for the amendment is July 1, 2024, and does not affect the cost neutrality of the waiver.

The YES Program is designed to provide home and community-based services to children and youth with serious emotional disturbances and their families, with a goal of reducing or preventing children’s inpatient psychiatric treatment and the consequent removal from their families. The program currently serves eligible children who are at least three years of age and under 19 years of age.


Public Notice – Texas State Hospital Long-Range Planning Report Meetings

OVERVIEW

HHSC will conduct two hybrid (in-person and virtual) meetings on March 13th and March 19th, 2024, to receive public comment on the draft long-range planning report for the Texas State Hospitals. A draft report will be available to the public on the HHS website prior to the March 19th meeting. The report will address:

(1) projected future bed requirements for state hospitals;

(2) documenting the methodology used to develop the projection of future bed requirements;

(3) projected maintenance costs for institutional facilities;

(4) recommended strategies to maximize the use of institutional facilities; and

(5) how each state hospital will:

(A) serve and support the communities and consumers in its service area; and

(B) fulfill statewide needs for specialized services.


Texas Department of State Health Services

Proposed Rule Reviews Re:

Reviewing Title 25, Part 1, to consider for readoption, revision, or repeal the chapter Preventive Health and Health Services Block Grant.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 25, Part 1, of the Texas Administrative Code:

Chapter 84, Preventive Health and Health Services Block Grant


In Addition Re:

Public Hearing Notice for Fiscal Years 2025-2029 Strategic Plan

Wednesday, April 3, 2024

2:00 p.m.

Public Hearing Site:

Texas Department of State Health Services (DSHS)

Robert D. Moreton Building

Public Hearing Room M-100, First Floor

1100 West 49th Street

Austin, Texas 78756


Department of Aging and Disability Services

Proposed Rule Reviews Re:

Reviewing Title 40, Part 1, to consider for readoption, revision, or repeal the chapter concerning Local Authority Responsibilities.

The Texas Health and Human Services Commission (HHSC), on behalf of the Texas Department of Aging and Disability Services, proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 40, Part 1, of the Texas Administrative Code:

Chapter 2, Local Authority Responsibilities


Executive Council of Physical Therapy and Occupational Therapy Examiners

Proposed Rule Reviews Re:

Reviewing Title 22, Part 28, to consider for readoption, readoption with amendments, or repeal the chapter concerning fees.

The Executive Council of Physical Therapy and Occupational Therapy Examiners files this notice of its intent to review Title 22 Texas Administrative Code Chapter 651, Fees. The review is conducted in accordance with Texas Government Code §2001.039, which requires a state agency to review and consider its rules for readoption, readoption with amendments, or repeal every four years. During the review, the Executive Council of Physical Therapy and Occupational Therapy Examiners will assess whether the reasons for initially adopting the rules continue to exist.