Texas Register January 26, 2024 Volume: 49 Number: 4

Texas Register Table of Contents

1 Texas Health and Human Services Commission

Texas Health and Human Services Commission

Proposed Rules Re:

Amending 1 TAC §351.825, to update grammar and word choice as well as add the factors which are considered when appointing members to the TBIAC.

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
1 TAC §351.825

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §351.825, concerning the Texas Brain Injury Advisory Council (TBIAC).

BACKGROUND AND JUSTIFICATION

The purpose of the proposal is to extend the TBIAC’s abolition date; make revisions to ensure the rule meets the HHSC standards for its advisory committee rules, correct formatting, punctuation, and grammar, and update provisions to adhere to the Open Meetings Act. These amendments will also clarify member terms, outline reimbursement for specific membership categories travel expenses, and completion of required training. The Texas Administrative Code currently states that the section expires and the TBIAC is abolished on July 1, 2024. The TBIAC is established under the Texas Government Code Section 531.012 which specifies that Texas Government Code Chapter 2110 applies to this advisory committee. The proposed amendment extends the abolishment date by four additional years as permitted by Texas Government Code §2110.008.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §351.825(a) changes the word “subchapter” to “division” to specify exactly where §351.801 is located.
The proposed amendment to §351.825(b) adds a hyphen to the phrase “long term.”
The proposed amendment to §351.825(c) updates grammar by updating the tense of the verbs, adds a hyphen to the phrase “long term,” and adds that the TBIAC also has the task of adopting bylaws to guide its operation.
The proposed amendment to §351.825(d) replaces the word “immediate” with “immediately” and adds “Texas” before “Health and Human Services Commission Executive Council” for specificity.
The proposed amendment to §351.825(e) reformats the subsection and adds new paragraphs (2) and (3) to provide the requirements for open meetings including meeting frequency and the number of members that constitutes a quorum.
The proposed amendment to §351.825(f)(1) adds the factors considered in appointing members to the TBIAC. Provisions about staggering terms are deleted and moved to (f)(2). Edits are made for formatting and punctuation. Edits to subsection (f)(2) clarify that the Executive Commissioner will appoint a member to serve an unexpired term and add subparagraph (B) which provides that except as may be necessary to stagger terms to ensure a sufficient number of active members are serving the council to meet quorum, the term of each member is three years and a member may apply to serve one additional term.
The proposed amendment to §351.825(g)(2) removes the second sentence for clarity. Members serve three year terms and are able to serve until a new member has been appointed to their category, therefore the chair or vice chair may continue to serve until the replacement has been appointed.
The proposed amendment to §351.825(h) adds a reference to a chapter in the Texas Government Code that a member must be trained on and provides that a member must complete training on HHS ethics policy and other relevant HHS policies.
The proposed amendment to §351.825 adds new subsection (i) which describes travel allowances for council members. The remaining subsection is renumbered.
The proposed amendment to current §351.825(i), new subsection (j), extends the TBIAC’s abolition and the section’s expiration date to July 1, 2028. Punctuation is also corrected.

Amending 1 TAC §§382.1, 382.5, 382.7, 382.9, 382.15, 382.17, to provide updates on the eligibility requirements in the HTW program and replace references and language which is outdated.

CHAPTER 382. WOMEN’S HEALTH SERVICES
SUBCHAPTER A. HEALTHY TEXAS WOMEN
1 TAC §§382.1, 382.5, 382.7, 382.9, 382.15, 382.17

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §382.1, concerning Introduction; §382.5, concerning Definitions; §382.7, concerning Client Eligibility; §382.9, concerning Application and Renewal Procedures; §382.15, concerning Covered and Non-covered Services; §382.17, concerning Health-Care Providers; §382.101, concerning Introduction; §382.105, concerning Definitions; §382.107, concerning Client Eligibility; §382.109, concerning Financial Eligibility Requirements; §382.113, concerning Covered and Non-covered Services; §382.115, concerning Family Planning Program Providers; §382.119, concerning Reimbursement; §382.121, concerning Provider’s Request for Review of Claim Denial; §382.123, concerning Record Retention; §382.125, concerning Confidentiality and Consent; and §382.127, concerning FPP Services for Minors; and proposes the repeal of §382.3, concerning Non-entitlement and Availability; and §382.11, concerning Financial Eligibility Requirements.

BACKGROUND AND JUSTIFICATION

The primary purpose of the proposal is to update eligibility and other Medicaid requirements in the Healthy Texas Women (HTW) program to describe the agency’s compliance with the HTW Section 1115 Demonstration that was approved by the Centers for Medicare and Medicaid Services on January 22, 2020, and transitioned the majority of the program into Medicaid. For eligible minors, the HTW program remains fully funded by state general revenue.

Another purpose of the proposal is to comply with Texas Health and Safety Code §32.102, added by Senate Bill (S.B.) 750, 86th Legislature, Regular Session, 2019, which requires HHSC to provide enhanced postpartum care services, called HTW Plus, to eligible clients. HHSC made HTW Plus available to eligible clients enrolled in the HTW program beginning September 1, 2020.

Another purpose of the proposal is to comply with Texas Health and Safety Code §31.018, also added by S.B. 750, to include a requirement for women in HTW to receive referrals to the Primary Health Care Services Program.

Another purpose of the proposal is to make conforming amendments to the Family Planning Program (FPP) rules where necessary and update covered and non-covered services for HTW and FPP.

Other non-substantive clarifying changes were made throughout the rules.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §382.1, Introduction, replaces references to statutes that have expired with a reference to the original bill in §382.1(b) and deletes “non-federally funded services” from §382.1(c)(5) because it no longer applies to the majority of the HTW program under the authority of the HTW Section 1115 Demonstration. The HTW Section 1115 Demonstration is state and federally funded through Medicaid. The proposed amendment also makes clarifications related to the use of state funds and minor changes to use “HTW program” consistently.
The proposed amendment to §382.5, Definitions, deletes the definition for “elective abortion” and adds a definition for “abortion” that aligns with the Texas Health and Safety Code. The proposed amendment adds definitions for “CHIP” and “HTW Plus” because they are new terms used in the proposed rules. The proposed amendment revises the terms “client,” “covered service,” “HTW,” “HTW Provider,” “Medicaid,” “third-party resource,” and “unintended pregnancy.” The proposed amendment to “covered service” clarifies that a service reimbursable under the HTW program includes HTW Plus services to comply with Texas Health and Safety Code §32.102. The proposed amendments to “HTW” and “Medicaid” clarify that the terms refer to programs. The proposed amendment to “HTW Provider” specifies that HTW providers must be enrolled in the Texas Medicaid program and may also have a cost reimbursement contract with HHSC. The proposed amendment to “third-party resource” complies with federal Medicaid third-party resource requirements. The proposed amendment to “unintended pregnancy” makes the term plural to conform with the usage of the term in §382.1. The proposed amendment deletes the terms “child,” “contraceptive method,” “corporate entity,” “health care provider,” and “health clinic” because they are no longer used in Chapter 382, Subchapter A.
The proposed amendment to §382.7, Client Eligibility, updates eligibility requirements in the HTW program to reflect changes made to comply with the HTW Section 1115 Demonstration and federal Medicaid requirements, as well as Texas Health and Safety Code §32.102. The eligibility requirements updated include income, citizenship, HTW Plus eligibility criteria, period of eligibility, automatic eligibility determination, and third-party resources. The proposed amendment updates rule references and reformats the rule to improve readability of the rules.
The proposed amendment to §382.9, Application and Renewal Procedures, revises the title of the section to “Initial Application and Renewal Procedures.” The proposed amendment also updates §382.9(a) to specify that women apply for HTW using the medical assistance application form and can apply for HTW online. The proposed amendment in §382.9(h)(2) adds that HTW clients can renew online. The proposed amendment complies with the HTW Section 1115 Demonstration and federal Medicaid requirements. The proposed amendment updates a rule reference and makes editorial changes to improve readability of the rules.
The proposed amendment to §382.15, Covered and Non-covered Services, adds language on HTW Plus services in §382.15(b) to comply with Texas Health and Safety Code §32.102 and updates language on covered and non-covered services for more specificity as to services available in the HTW program. The proposed amendment clarifies that women receiving HTW Plus services can also receive HTW services listed in §382.15(a).
The proposed amendment to §382.17, Health-Care Providers, revises the title of the section to “HTW Providers.” The proposed amendment also adds language to §382.17(a)(5) on requirements for HTW providers to refer women in HTW to HHSC programs like the Primary Health Care Services Program to comply with Texas Health and Safety Code §31.018. The proposed amendment to §382.17(e) changes the HTW provider requirement to certify compliance with §382.17(b) from annually to periodically using an HHSC -approved form. The proposed amendment deletes §382.17(h) because the initial certification period for the HTW program has passed.

Repealing 1 TAC §382.2, §382.11, to delete a rule pertaining to financial and income eligibility requirements.

CHAPTER 382. WOMEN’S HEALTH SERVICES
SUBCHAPTER A. HEALTHY TEXAS WOMEN
1 TAC §382.2, §382.11

OVERVIEW

BACKGROUND AND JUSTIFICATION

Another purpose of the proposal is to make conforming amendments to the Family Planning Program (FPP) rules where necessary and update covered and non-covered services for HTW and FPP.

Other non-substantive clarifying changes were made throughout the rules.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §382.11, Financial Eligibility Requirements, deletes the rule because updated financial and income eligibility requirements were added to proposed amended §382.7, Client Eligibility.

Amending 1 TAC §§382.101, 382.105, 382.107, 382.109, 382.113, 382.115, 382.119, 382.121, 382.123, 382.125, 382.127, to improve readability and update terms.

CHAPTER 382. WOMEN’S HEALTH SERVICES
SUBCHAPTER B. FAMILY PLANNING PROGRAM
1 TAC §§382.101, 382.105, 382.107, 382.109, 382.113, 382.115, 382.119, 382.121, 382.123, 382.125, 382.127

OVERVIEW

BACKGROUND AND JUSTIFICATION

Another purpose of the proposal is to make conforming amendments to the Family Planning Program (FPP) rules where necessary and update covered and non-covered services for HTW and FPP.

Other non-substantive clarifying changes were made throughout the rules.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §382.101, Introduction, replaces references to statutes that have expired with a reference to the original bill in §382.1(b) and makes clarifications related to the use of state funds and minor changes to use “FPP” consistently.
The proposed amendment to §382.105, Definitions, deletes the definition for “elective abortion” and adds a definition for “abortion” that aligns with the Texas Health and Safety Code. The proposed amendment replaces the definition for “contractor” with a definition for “grantee” to align current terminology. The proposed amendment revises the terms “covered service,” “Family Planning Program provider,” “Medicaid,” “third-party resource,” and “unintended pregnancy.” The proposed amendment to “covered service” clarifies the definition using plain language. The proposed amendment to “Family Planning Program provider” removes the term “health-care” as it is included in the definition. The proposed amendment to “Medicaid” clarifies that the term refers to a program. The proposed amendment to “third-party resource” is consistent with third-party resource requirements used in HTW. The proposed amendment to “unintended pregnancy” makes the term plural to conform with the usage of the term in §382.101. The proposed amendment deletes the terms “corporate entity,” “contraceptive method,” and “health clinic,” because the terms are not used in Chapter 382, Subchapter B.
The proposed amendment to §382.107, Client Eligibility, improves readability of the rules. The proposed amendment removes Medicaid for Pregnant Women from adjunctive eligibility as that program provides full health benefits.
The proposed amendment to §382.109, Financial Eligibility Requirements, improves readability of the rules.
The proposed amendment to §382.113, Covered and Non-covered Services, updates language on covered and non-covered services for more specificity as to services available in FPP and adds language on new services.
The proposed amendment to §382.115, Family Planning Program Health-Care Providers, improves readability; makes conforming changes to use the term, “FPP provider,” instead of, “FPP health-care provider;” and revises the title of the section to, “Family Planning Program Providers.” The proposed amendment to §382.115(e) changes the FPP provider requirement to certify compliance with §382.115(b) from annually to before initially providing covered services using an HHSC-approved form.
The proposed amendment to §382.119, Reimbursement, makes conforming changes to use the term, “FPP provider,” instead of, “FPP health-care provider.”
The proposed amendment to §382.121, Provider’s Request for Review of Claim Denial, makes conforming changes to use the term, “FPP provider,” instead of, “FPP health-care provider.”
The proposed amendment to §382.123, Record Retention, makes conforming changes to use the term, “FPP provider,” instead of, “FPP health-care provider.”
The proposed amendment to §382.125, Confidentiality and Consent, makes conforming changes to use the term, “FPP provider,” instead of, “FPP health-care provider.”
The proposed amendment to §382.127, FPP Services for Minors, makes conforming changes to use the term, “FPP provider,” instead of, “FPP health-care provider.”

Adopted Rules Re:

Amending 1 TAC §353.1302, to make clarifying edits and add a new requirement for HHSC to remove an NF that undergoes a CHOW which changes the class of the facility during the program period.

CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER O. DELIVERY SYSTEM AND PROVIDER PAYMENT INITIATIVES
1 TAC §353.1302

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §353.1302, concerning Quality Incentive Payment Program for Nursing Facilities on or after September 1, 2019.

The amendment of §353.1302 is adopted with changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6670). This rule will be republished.

BACKGROUND AND JUSTIFICATION

HHSC sought and received approval from the Centers for Medicare and Medicaid Services (CMS) to create the Quality Incentive Payment Program (QIPP) in state fiscal year 2018. HHSC has not made modifications to the program since state fiscal year 2022. Directed payment programs authorized under 42 C.F.R. §438.6(c) are expected to continue to evolve over time so that the program can continue to advance the quality goal or objective the program is intended to impact.

The amendment modifies the eligibility criteria for non-state government-owned nursing facilities. Beginning in state fiscal year 2025, the eligibility criteria related to the nursing facility being located in the same Regional Healthcare Partnership (RHP) as, or within 150 miles of, the non-state governmental entity taking ownership of the facility would be amended to require the non-state government-owned nursing facility to be located in the state of Texas in the same county as, or county contiguous to, the non-state governmental entity taking ownership of the facility.

The amendment also requires a non-state government-owned nursing facility eligible to participate in QIPP due to an active partnership, to produce certain documentation in connection with the enrollment application that demonstrates an active partnership between the nursing facility and the governmental entity exists. The amendment to the active partnership criteria enables HHSC to confirm non-state government-owned nursing facility eligibility at the time of program enrollment.

Beginning in state fiscal year 2026, QIPP-enrolled nursing facilities that undergo a change of ownership (CHOW) that changes the class of the facility during the program period will be removed from the program for the remainder of the program period after the CHOW effective date. This amendment will reduce the administrative burden of reconfirming eligibility by classification and modification to the program scorecards.

The amendment also modifies the funding allocations and frequency of QIPP payment distributions beginning in state fiscal year 2025: Component 1 would be equal to 44 percent of the program funding and would shift to being paid quarterly; Component 2 would be equal to 20 percent of the program funding and would shift to being paid quarterly; Component 3 would be equal to 20 percent of the program funding and would continue to be paid quarterly; and Component 4 would be equal to 16 percent of the program funding and would continue to be paid quarterly. The amendment to the funding allocations simplifies the allocation formulas and provides more transparency of each component’s program funding size. The frequency of the QIPP payment distribution will align with QIPP quality metrics, pursuant to 1 Texas Administrative Code (1 TAC) §353.1304.

HHSC made other minor clarifying or grammatical edits to improve the readability of the rule text.

Amending 1 TAC §353.1306, §353.1307, to add new reimbursement and payment information for Average Commercial Reimbursement (ACR), Upper Payment Limit (UPL) and pay-for-performance components.

CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER O. DELIVERY SYSTEM AND PROVIDER PAYMENT INITIATIVES
1 TAC §353.1306, §353.1307

OVERVIEW

The Texas Health and Human Services Commission (HHSC), adopts an amendment to §353.1306, concerning the Comprehensive Hospital Increase Reimbursement Program for program periods on or after September 1, 2021, and to §353.1307 concerning Quality Metrics for the Comprehensive Hospital Increase Reimbursement Program.

Section 353.1306 is adopted with changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6676). This rule will be republished.

Section 353.1307 is adopted with changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6676). This rule will be republished.

BACKGROUND AND JUSTIFICATION

HHSC adopts modifications to the Comprehensive Hospital Increase Reimbursement Program (CHIRP), beginning with the State Fiscal Year (SFY) 2025 rating period to promote the advancement of the quality goals and strategies the program is designed to advance.

HHSC sought and received authorization from the Centers for Medicare & Medicaid Services (CMS) to create CHIRP for SFY 2022 as part of the financial and quality transition from the Delivery System Reform Incentive Payment Program (DSRIP). One component of CHIRP existed as a stand-alone directed payment program for SFY 2018-SFY 2021, but that component was fully folded into CHIRP beginning in SFY 2022. HHSC has not made significant modifications to CHIRP since its inception in SFY 2022. Directed payment programs authorized under 42 C.F.R. §438.6(c), including CHIRP, are expected to continue to evolve over time so the program can continue to advance the quality goal or objective the program is intended to impact.

The adopted amendments create a new pay-for-performance incentive payment through a third component in CHIRP, the Alternate Participating Hospital Reimbursement for Improving Quality Award (APHRIQA). The classes of hospitals that may participate in APHRIQA will be determined by HHSC on an annual basis, and the decision will be made by HHSC to identify the classes of hospitals and the amount of funding based on the factors detailed in the rule, including the extent to which a hospital class contributes toward advancing the goals and objectives identified in the state’s managed care quality strategy. HHSC will prioritize transitioning payments to pay-for-performance for classes or providers that, based on HHSC’s financial models, receive payments that are projected to potentially exceed the cost of care provided and with reference to which HHSC’s modeling indicates that the transition will stabilize overall funding for the Medicaid program and Medicaid providers. For state fiscal years beginning with SFY 2025, HHSC does not anticipate that behavioral health hospitals or rural hospitals will be included in a pay-for-performance program.

The funds for payment of the APHRIQA component will be transitioned from the existing uniform rate increase components of the Uniform Hospital Rate Increase Payment (UHRIP). The Average Commercial Incentive Award (ACIA) will be paid using a scorecard that directs managed care organizations (MCOs) to pay providers for performance achievements on quality outcome measures. Payments will be distributed under APHRIQA on a monthly, quarterly, semi-annual, or annual basis that aligns with the measurement period determined for quality metrics reporting. The adopted amendments will meet the need for continued program evolution and development for year 4 (Fiscal Year 2025) of CHIRP to further the goals of the Texas Healthcare Transformation and Quality Improvement Program 1115 demonstration waiver (Texas 1115 Waiver) and will lead to continued quality improvements in the healthcare delivery system in Texas.

Amending 1 TAC §353.1309, to provide definitions and clarification for requirements for the Texas Incentives for Physicians and Professional Services (TIPPS) program.

CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER O. DELIVERY SYSTEM AND PROVIDER PAYMENT INITIATIVES
1 TAC §353.1309

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §353.1309, relating to Texas Incentives for Physicians and Professional Services. The amendment to §353.1309 is adopted with changes to the proposed text as published in the November 17, 2023, issue of the Texas Register (48 TexReg 6683). This rule will be republished.

BACKGROUND AND JUSTIFICATION

The purpose of the amendment is to pursue modifications to the Texas Incentives for Physicians and Professional Services (TIPPS) program to simplify the program structure, provide additional details concerning certain enrollment-related processes and procedures, and reduce the administrative burden of operating the program for HHSC and participating providers.

HHSC sought and received authorization from the Centers for Medicare & Medicaid Services (CMS) to create TIPPS for state fiscal year (SFY) 2022 as part of the financial and quality transition from the Delivery System Reform Incentive Payment (DSRIP) program. HHSC has not made significant modifications to TIPPS since its inception in SFY 2022.

Directed payment programs authorized under 42 C.F.R. §438.6(c), including TIPPS, are expected to continue to evolve over time so that the program can continue to advance the quality goal or objective the program is intended to impact.

HHSC determined that TIPPS contains certain provisions that pose administrative complexity that may impede HHSC’s and the participating providers’ ability to use the program to advance a quality goal or strategy. HHSC, therefore, amends and modifies the program rule to reduce administrative complexity and advance the program toward improved quality of services provided to Medicaid clients by participating providers.

Beginning in SFY 2025, the rule amendment will shift the program structure. For SFY 2025, Component One will be 90 percent of the total program value paid as a uniform rate increase at the time of claim adjudication, and Component Two will be equal to 0 percent of the total program value. For SFY 2026, Component One will be 55 percent of the total program value paid as a uniform rate increase at the time of claim adjudication; and Component Two will be equal to 35 percent of the total program value, based on a pay-for-performance model based on achievement of quality measures and paid through a scorecard. Component Three will remain as it is currently for all future years, comprising 10 percent of the total program value, based on a uniform rate increase percentage paid at the time of claim adjudication for an identified set of procedure codes.

HHSC met with participating providers and discussed multiple options. HHSC considered moving the program to a majority pay-for-performance component in SFY 2025. Some providers were in support of this change, while others requested more time. Those opposed to a SFY 2025 shift to pay-for-performance requested more time so providers would be aware of the quality measures that would be used in the pay-for-performance model before implementation. HHSC is interested in feedback on the proposed option and may consider modifying the rules in subsequent program periods.

HHSC will determine the network status of an enrolling provider for an entire program period based on the submission of supporting documentation through the enrollment process.

HHSC included other minor clarifying or grammatical revisions to improve the accuracy and readability of the rule text.

Proposed Rule Reviews Re:

Proposed rule review of Title 1, Part 15, to consider for readoption, revision, or repeal the chapter concerning Hearings.

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 357, Hearings

Subchapter A Uniform Fair Hearing Rules

Subchapter I Hearings Under the Administrative Procedure Act

Subchapter J Medicaid Third-Party Recovery

Subchapter K Administrative Fraud Disqualification Hearings

Subchapter L Fraud Involving Recipients

Subchapter M Fraud or Abuse Involving Medical Providers

Subchapter N Fraud or Abuse Involving Providers (Except Medical)

Subchapter O Recovery of Benefits Wrongfully Received

Subchapter P Civil Monetary Penalties

Subchapter Q Reimbursement Rates for Prosecution of Intentional Program Violations

Subchapter R Judicial and Administrative Review of Hearings

Proposed rule review of Title 1, Part 15, to consider for readoption, revision, or repeal the chapter covering the Purchase of Goods and Services by the Texas Health and Human Services Commission.

Chapter 391, Purchase of Goods and Services by the Texas Health and Human Services Commission

Subchapter A General Provisions

Subchapter B Procurement and Special Contracting Methods

Subchapter C Protests

Subchapter D Standards of Conduct for Vendors

Subchapter E Historically Underutilized Businesses

Subchapter F Contracts

Subchapter G Negotiation and Mediation of Certain Contract Claims Against HHSC

Proposed review of Title 1, Part 15, to consider for readoption, revision, or repeal the chapter relating to Informal Dispute Resolution and Informal Reconsideration.

Chapter 393, Informal Dispute Resolution and Informal Reconsideration

Proposed review of Title 26, Part 1, to consider for readoption, revision, or repeal the chapter concerning IDD-BH Contractor Administrative Functions.

Chapter 301, IDD-BH Contractor Administrative Functions

Subchapter D LIDDA, LMHA, and LBHA Notification and Appeal Process

Subchapter F Provider Network Development

Subchapter G Mental Health Community Services Standards

Adopted Rule Reviews Re:

Adopting the review of Title 26, Part 1, concerning Denial or Refusal of License.

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 560, Denial or Refusal of License

Notice of the review of this chapter was published in the November 24, 2023, issue of the Texas Register (48 TexReg 6921). HHSC received no comments concerning this chapter.

In Addition Re:

Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates

OVERVIEW

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 5, 2024, at 9:00 a.m., to receive public comments on proposed updates to Medicaid payment rates resulting from Calendar Fee Reviews, Medical Policy Reviews, and Healthcare Common Procedure Coding System (HCPCS) Updates.

Notice of Public Hearing on the Proposed Interim Reimbursement Rates for the State Veterans Nursing Homes, effective State Fiscal Year 2024

OVERVIEW

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing to receive comments on the proposed interim payment rates for State Veterans Homes, effective state fiscal year 2024. The hearing will occur on February 27, 2024, at 9:00 a.m. in the HHSC John H. Winters Building, Public Hearing Room 125W, First Floor, at 701 W. 51st Street, Austin, Texas 78751.

Public Notice: Texas State Plan Amendment Effective February 01, 2024

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 24-0003 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.

The purpose of this amendment is to update the State Plan to allow providers of inpatient psychiatric hospital services in an institution of mental disease to be accredited by any CMS approved accrediting organization for psychiatric hospitals. Currently, the Texas State Plan limits accreditation for inpatient psychiatric hospital services to The Joint Commission. The proposed amendment is effective February 01, 2024.