Texas Register July 19, 2019 Volume: 44 Number: 29

Texas Register Table of Contents

State Board of Dental Examiners

 

Proposed Rules

Amendment to 22 TAC §102.1, concerning fees

CHAPTER 102. FEES22 TAC §102.1The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §102.1, concerning fees. This amendment to the existing rule will clarify the biennial nature of renewals for several license/registration types, establish a standalone nitrous oxide monitoring category for dental assistants pursuant to 22 TAC §114.4, and enable the Board to assess appropriate fees in a responsive manner for the prescription monitoring program, Texas.gov internet portal, and query and monitoring of practitioners through the National Practitioner Data Bank. Due to appropriations for the prescription monitoring program in the 86th Regular Session, the amounts assessed on dentists for the program may change, but the Board cannot determine the amount of change or if it will increase or decrease at this time. Previously, nitrous oxide monitoring registrations were not subject to renewal requirements, but pursuant to the alterations to Texas Occupations Code Chapter 265 brought about by Senate Bill 313, 85th Regular Session, these permits are now renewable and must be incorporated into the Board’s fee schedule. This amendment also clarifies that practicing with an expired license or registration over one hundred eighty days past the applicable renewal date may present grounds for disciplinary action.


State Board of Dental Examiners

Proposed Rules

Amendment to 22 TAC §102.1, concerning fees

CHAPTER 102. FEES22 TAC §102.1The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §102.1, concerning fees. This amendment to the existing rule will clarify the biennial nature of renewals for several license/registration types, establish a standalone nitrous oxide monitoring category for dental assistants pursuant to 22 TAC §114.4, and enable the Board to assess appropriate fees in a responsive manner for the prescription monitoring program, Texas.gov internet portal, and query and monitoring of practitioners through the National Practitioner Data Bank. Due to appropriations for the prescription monitoring program in the 86th Regular Session, the amounts assessed on dentists for the program may change, but the Board cannot determine the amount of change or if it will increase or decrease at this time. Previously, nitrous oxide monitoring registrations were not subject to renewal requirements, but pursuant to the alterations to Texas Occupations Code Chapter 265 brought about by Senate Bill 313, 85th Regular Session, these permits are now renewable and must be incorporated into the Board’s fee schedule. This amendment also clarifies that practicing with an expired license or registration over one hundred eighty days past the applicable renewal date may present grounds for disciplinary action.


State Board of Dental Examiners

Proposed Rules

Proposes repealing 22 TAC §72.19 (Fees).

CHAPTER 104. CONTINUING EDUCATION22 TAC §104.2The State Board of Dental Examiners (Board) proposes this amendment to 22 TAC §104.2, concerning providers of continuing education. This amendment will clarify the process for addition or removal of approved providers from the Board’s list, and will establish criteria for the Board or a committee of the Board to apply when considering addition, removal, or classification of providers.


Texas Department of State Health Services

Proposed Rules

Amendment to §131.61, concerning Operational Requirements

CHAPTER 131. FREESTANDING EMERGENCY MEDICAL CARE FACILITIESSUBCHAPTER C. OPERATIONAL REQUIREMENTS25 TAC §131.61The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §131.61, concerning Operational Requirements.BACKGROUND AND PURPOSEThe purpose of the proposal is to update abortion complication reporting procedures for freestanding emergency medical care facilities (FEMCs). The proposal is necessary to comply with House Bill (H.B.) 13, 85th Legislature, Special Session, 2017, related to new requirements for abortion complication reporting. H.B. 13 amended the Texas Health and Safety Code, Chapter 171.SECTION-BY-SECTION SUMMARYThe proposed amendment to §131.61 deletes the mailing address in subsection (b) and adds new subsection (e) that requires FEMCs to comply with the same abortion complication reporting requirements as abortion facilities. This amendment is necessary to comply with H.B. 13 and reduce confusion or inaccurate reporting caused by reference to an outdated mailing address.


Texas Health and Human Services Commission

Adopted Rules

Adopts amended §355.8058, concerning Inpatient Direct Graduate Medical Education (GME) Reimbursement

CHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER J. PURCHASED HEALTH SERVICESDIVISION 4. MEDICAID HOSPITAL SERVICES1 TAC §355.8058The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amended §355.8058, concerning Inpatient Direct Graduate Medical Education (GME) Reimbursement, with changes to the proposed text published in the May 10, 2019, issue of the Texas Register (44 TexReg 2333).BACKGROUND AND JUSTIFICATIONCurrently, HHSC makes Medicaid GME supplemental payments to two classes of hospitals: state-owned hospitals and non-state government-owned and operated hospitals. First, five state-owned teaching hospitals are eligible: University of Texas (UT) Medical Branch at Galveston, UT Health Science Center at Tyler, UT MD Anderson, UT Southwestern – Zale Lipshy, and UT Southwestern – Clements. The non-federal share for these GME payments comes from appropriations or patient revenues belonging to the state-owned teaching hospitals that are transferred to HHSC. HHSC draws down the federal match and makes quarterly interim Medicaid GME payments directly to the hospitals based on resident full-time equivalents (FTEs) and inpatient days reported by the hospital. Second, effective October 1, 2018, HHSC also makes Medicaid GME supplemental payments to nine non-state government-owned and operated teaching hospitals. The source of the non-federal share of these GME payments are intergovernmental transfers (IGTs) from the local governmental entities that own and operate the hospitals.The purpose of the amendment is to allow teaching hospitals owned or operated by non-governmental entities to receive Medicaid GME supplemental payments, provided that the non-federal share is provided by a local governmental entity. This amendment allows all teaching hospitals in the state to participate in the program. As is the case for non-state government-owned and operated teaching hospitals, the payment will be based on the number of full-time equivalent medical residents and the Medicare per resident amount (PRA) reported on CMS Form 2552-10 and the Medicaid inpatient utilization percentage.An annual Medicaid GME supplemental payment amount will be calculated for each eligible hospital using data from the hospital cost report most recently submitted to HHSC on October 1 of each year. HHSC will split the annual amount into two payments. HHSC is not requiring cost settlement of Medicaid GME supplemental payments for the new class of hospitals covered by this expansion.


Texas Health and Human Services Commission

Adopted Rules

Adopts amended §355.8058, concerning Inpatient Direct Graduate Medical Education (GME) Reimbursement

CHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER J. PURCHASED HEALTH SERVICESDIVISION 4. MEDICAID HOSPITAL SERVICES1 TAC §355.8058The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amended §355.8058, concerning Inpatient Direct Graduate Medical Education (GME) Reimbursement, with changes to the proposed text published in the May 10, 2019, issue of the Texas Register (44 TexReg 2333).BACKGROUND AND JUSTIFICATIONCurrently, HHSC makes Medicaid GME supplemental payments to two classes of hospitals: state-owned hospitals and non-state government-owned and operated hospitals. First, five state-owned teaching hospitals are eligible: University of Texas (UT) Medical Branch at Galveston, UT Health Science Center at Tyler, UT MD Anderson, UT Southwestern – Zale Lipshy, and UT Southwestern – Clements. The non-federal share for these GME payments comes from appropriations or patient revenues belonging to the state-owned teaching hospitals that are transferred to HHSC. HHSC draws down the federal match and makes quarterly interim Medicaid GME payments directly to the hospitals based on resident full-time equivalents (FTEs) and inpatient days reported by the hospital. Second, effective October 1, 2018, HHSC also makes Medicaid GME supplemental payments to nine non-state government-owned and operated teaching hospitals. The source of the non-federal share of these GME payments are intergovernmental transfers (IGTs) from the local governmental entities that own and operate the hospitals.The purpose of the amendment is to allow teaching hospitals owned or operated by non-governmental entities to receive Medicaid GME supplemental payments, provided that the non-federal share is provided by a local governmental entity. This amendment allows all teaching hospitals in the state to participate in the program. As is the case for non-state government-owned and operated teaching hospitals, the payment will be based on the number of full-time equivalent medical residents and the Medicare per resident amount (PRA) reported on CMS Form 2552-10 and the Medicaid inpatient utilization percentage.An annual Medicaid GME supplemental payment amount will be calculated for each eligible hospital using data from the hospital cost report most recently submitted to HHSC on October 1 of each year. HHSC will split the annual amount into two payments. HHSC is not requiring cost settlement of Medicaid GME supplemental payments for the new class of hospitals covered by this expansion.


Texas Health and Human Services Commission

Adopted Rules

Fraud and abuse program integrity: adopts amendments to §371.1305, concerning Preliminary Investigation, and §371.1307, concerning Full Investigation; also adopts new §371.1312, concerning Recipient Investigations

CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITYSUBCHAPTER F. INVESTIGATIONS1 TAC §§371.1305, 371.1307, 371.1312The Texas Health and Human Services Commission (HHSC) adopts amendments to §371.1305, concerning Preliminary Investigation, and §371.1307, concerning Full Investigation. HHSC also adopts new §371.1312, concerning Recipient Investigations.The amendments to §371.1305 and §371.1307, and new §371.1312, are adopted without changes to the proposed text as published in the March 22, 2019, issue of the Texas Register (44 TexReg 1494) and therefore will not be republished.BACKGROUND AND JUSTIFICATIONThe Texas Government Code §531.102(p) was added by Senate Bill (S.B.) 207, 84th Legislature, 2015 to require HHSC and the Office of Inspector General (OIG) to adopt rules establishing criteria for opening, prioritizing, and closing cases. Accordingly, HHSC and OIG adopted rule §371.1305 which established the criteria mandated by the statute. In its report to the 85th Legislature in February 2017, the Sunset Commission noted agency implementation as partially complete and recommended that OIG adopt rules relating to prioritizing recipient cases and guiding field investigators in closing cases.As recommended by the Sunset Commission, the amendments and the new rule formalize criteria for prioritizing and closing cases. The amendments and the new rule delineate inclusive lists of specific criteria that will be considered by investigators when they consider whether a preliminary, full-scale, or recipient investigation should be closed. In the case of preliminary investigations, investigators also consider these criteria when deciding whether a case should be pursued as a full-scale investigation. In addition, the new rule requires that recipient cases be prioritized according to the highest potential for recovery and federal timeliness requirements.The amendments and new rule do not change OIG’s approach to opening, closing, and prioritizing investigations, they only provide more detail as to the criteria that the agency’s investigators apply when they evaluate a recipient case or whether a case should be closed.


Texas Medical Board

Adopted Rules

Emergency licensing process in response to emergencies and disasters (22 TAC §172.20, §172.21)

CHAPTER 172. TEMPORARY AND LIMITED LICENSESSUBCHAPTER D. DISASTER EMERGENCY RULE22 TAC §172.20, §172.21The Texas Medical Board approves the adoption of new rules §172.20 and §172.21, concerning a process to provide a rapid and safe response to health care and medical needs as a result of disasters and emergencies through an emergency licensing process. The new rules are being adopted with minor non-substantive changes to the proposed text as published in the April 26, 2019, issue of the Texas Register (44 TexReg 2152). The adopted rules are being republished.The new rules are set forth to implement procedures in the event of an occurrence for which the Governor of the State of Texas has declared a state of emergency. This rule allows physicians to practice medicine and other health care providers to practice the scope of their appropriate licensure, permit, or certification in Texas to assist with disaster response operations.


Texas Department of State Health Services

Adopted Rules

Adopts new §133.50, concerning Caregiver Designation, in Texas Administrative Code Title 25, Part 1, Chapter 133, Subchapter C.

CHAPTER 133. HOSPITAL LICENSINGSUBCHAPTER C. OPERATIONAL REQUIREMENTS25 TAC §133.50The Texas Health and Human Services Commission (HHSC) adopts new §133.50, concerning Caregiver Designation, in Texas Administrative Code Title 25, Part 1, Chapter 133, Subchapter C.New §133.50 is adopted with changes to the proposed text as published in the April 12, 2019, issue of the Texas Register (44 TexReg 1812).BACKGROUND AND JUSTIFICATIONThe new section is necessary to implement House Bill (H.B.) 2425, 85th Legislature, Regular Session, 2017, which amended the Texas Health and Safety Code by adding new Chapter 317, regarding Designation of Caregiver for Receipt of Aftercare Instructions.


Texas Health and Human Services Commission

Adopted Rules

Adopts the repeal of §§416.51 – 416.58 in Chapter 416, Home and Community-Based Services–Adult Mental Health Program

CHAPTER 416. MENTAL HEALTH COMMUNITY-BASED SERVICESSUBCHAPTER B. HOME AND COMMUNITY-BASED SERVICES–ADULT MENTAL HEALTH PROGRAM25 TAC §§416.51 – 416.58The Texas Health and Human Services Commission (HHSC) adopts the repeal of §§416.51 – 416.58 in Chapter 416, Home and Community-Based Services–Adult Mental Health Program, of Texas Administrative Code (TAC), Title 25, Part 1. The repeal is adopted without changes to the proposed text as published in the March 15, 2019, issue of the Texas Register (44 TexReg 1426), and therefore will not be republished.BACKGROUND AND JUSTIFICATIONThe Texas Secretary of State created Title 26, Part 1, of the TAC to consolidate rules that govern functions of HHSC. Rules related to the client services functions previously performed by the Department of State Health Services are currently in TAC, Title 25, Part 1, Chapter 416, Subchapter B. As part of the consolidation into Title 26, HHSC adopts the repeal of the rules in Title 25, Part 1, Chapter 416, Subchapter B, §§416.51 – 416.58. The new rules in Title 26, Part 1, Chapter 307, Subchapter B, concerning the Home and Community-Based Services – Adult Mental Health Program are adopted elsewhere in this issue of the Texas Register.The purpose of repealing and replacing these rules is to ensure continued operation of the HCBS-AMH program in accordance with applicable state legislative direction in the 2016-2017 General Appropriations Act, H.B. 1, 84th Legislature, Regular Session, 2015 (Article II, Department of State Health Services, Rider 61). The state legislative direction ensures access to services for individuals meeting established eligibility criteria who are eligible for or currently receiving Medicaid to incorporate legislatively directed expanded populations of individuals served by the program. The proposed new rules also define and designate HHSC as the agency responsible for administrating the HCBS-AMH program.


Texas Health and Human Services Commission

Adopted Rules

Adopts rules concerning the Home and Community-Based Services–Adult Mental Health Program (HCBS-AMH) – 26 TAC §§ 307.51-307.57

CHAPTER 307. MENTAL HEALTH COMMUNITY-BASED SERVICESSUBCHAPTER B. HOME AND COMMUNITY-BASED SERVICES–ADULT MENTAL HEALTH PROGRAM26 TAC §§307.51 – 307.57The Texas Health and Human Services Commission (HHSC) adopts rules concerning the Home and Community-Based Services–Adult Mental Health Program (HCBS-AMH) in the Texas Administrative Code (TAC), Title 26, Part 1, Chapter 307, Subchapter B. HHSC adopts new §307.51, concerning Purpose and Application; §307.52, concerning Definitions; §307.53, concerning Eligibility Criteria and HCBS-AMH Assessment; §307.54, concerning Individual Recovery Plan; §307.55, concerning Co-payments; §307.56, concerning Provider Qualifications and Contracting; and §307.57, concerning Fair Hearings Process. New §307.55 is adopted with changes to the proposed text as published in the March 15, 2019, issue of the Texas Register (44 TexReg 1427). This section will be republished. Sections 307.51 – 307.54, 307.56 and 307.57 are adopted without changes to the proposed text as published in the March 15, 2019, issue of the Texas Register (44 TexReg 1427), and therefore will not be republished.BACKGROUND AND JUSTIFICATIONThe Texas Secretary of State created Title 26, Part 1, of the TAC to consolidate rules that govern functions of HHSC. Rules related to the client services functions previously performed by the Department of State Health Services, are currently in TAC, Title 25, Part 1, Chapter 416, Subchapter B. As part of the consolidation into Title 26, HHSC adopts new rules in Chapter 307, Subchapter B, §§307.51 – 307.57. The rules in Chapter 416, Subchapter B are repealed elsewhere in this issue of the Texas Register.The purpose of repealing and replacing these rules is to ensure continued operation of the HCBS-AMH program in accordance with applicable state legislative direction in the 2016-2017 General Appropriations Act, H.B. 1, 84th Legislature, Regular Session, 2015 (Article II, Department of State Health Services, Rider 61). The state legislative direction ensures access to services for individuals meeting established eligibility criteria who are eligible for or currently receiving Medicaid to incorporate legislatively directed expanded populations of individuals served by the program. The new rules also define and designate HHSC as the agency responsible for administrating the HCBS-AMH program.

Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Medicaid Payment Rates for Home and Community-Based Services

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 2, 2019, at 3:00 p.m, to receive comment on the Medicaid payment rates for Day Habilitation and Supervised Living and Residential Support Services (SL/RSS) within the Home and Community-Based Services (HCS) program. The proposed rates will be effective September 1, 2019.The public hearing will be held in HHSC’s Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Lamar Boulevard. HHSC will broadcast the public hearing. Persons watching remotely can submit written comments. The broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings, and will be archived for access on demand at the same website. The public hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.Proposal. HHSC proposes to increase the payment rates for HCS Day Habilitation and HCS SL/RSS in accordance with the 2020-21 General Appropriations Act (Article II, 86th Legislature, Regular Session, 2019, Rider 44).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Payment Rates for the Non-State Operated Intermediate Care Facilities for Individuals with Intellectual Disabilities

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on August 2, 2019, at 3:00 p.m., to receive comment on proposed payment rates for the non-state operated Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID). The proposed rates will be effective September 1, 2019.The public hearing will be held in HHSC’s Public Hearing Room at the Brown-Heatly Building, located at 4900 North Lamar Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Lamar Boulevard. HHSC will broadcast the public hearing. Persons watching remotely can submit written comments. The broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings, and will be archived for access on demand at the same website. The public hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.Proposal. HHSC proposes to increase the following payment rates for non-state operated ICF/IID in accordance with the 2020-21 General Appropriations Act (Article II, 86th Legislature, Regular Session, 2019, Rider 44).


Office of the Attorney General

Opinions

Applicability of nondisclosure orders on the licensing operations of the Texas Board of Nursing, and reconsideration of GA-0919 due to amendments to chapter 411 of the Government Code (RQ-0263-KP)

Opinion No. KP-0260Under subsection 301.1615(b) of the Occupations Code, the Texas Board of Nursing may not disclose the criminal history record information of its license applicants or holders to any person except to another nursing board or by court order.When the Department of Public Safety provides the Board with a nondisclosure order or the order’s contents, subsection 411.075(d) of the Government Code requires the Board to seal criminal history record information it maintains that is subject to the nondisclosure order. The Board has a duty to seal and maintain such information as confidential even when the Board learns of a nondisclosure order after issuing a final disciplinary action.


Texas Medical Board

Proposed Rules

Proposes amendments to §175.1, concerning Application and Administrative Fees, and §175.2, concerning Registration and Renewal Fees.

CHAPTER 175. FEES AND PENALTIESA fee is proposed under §175.1 for a new Limited MRT exam authorization approval process set forth under Chapter 194 of the Texas Administrative Code.The amendments to §175.1 and §175.2 also propose to reinstate fees for initial and renewal approval for instructor and medical radiologic technology and non-certified technician (NCT) training programs, in anticipation for approval processes to be implemented in accordance with recently adopted rules by the Texas Board of Medical Radiologic Technology (MRT Board). The amendments proposed for §175.1 and §175.2 seek to reinstate initial and renewal fees for instructor approval at $50, which is not an increase or decrease from initial approval fees required by the Department of State Health Services (DSHS). However, for both Limited MRT and NCT programs the proposed instructor approval fee represents a decrease from fees formerly imposed by DSHS, as renewal will be required every three years rather than every two (for Limited MRT programs) or annually (for NCT programs).Proposed amendments under §175.1 would set forth a $500 fee for initial approval of limited curriculum training programs, with proposed amendments to §175.2 requiring a $500 renewal fee every three years, a decrease from $900 (for a two-year term) fee formerly in effect under DSHS. A fee of $500 is proposed under §175.1 for initial approval for NCT training programs, with a triennial renewal fee of $500 proposed under §175.2. While an increase from the $350 approval fee formerly in place under DSHS, the proposed fees will overall represent a decrease in cost for NCT training programs, as renewal of approval will be required triennially, rather than annually.Finally, the proposed amendments to §175.1 and §175.2 repeal language setting forth obsolete fees related to a secondary permit no longer required for NCTs employed by physicians.


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for Clinical Diagnostic Laboratory Services

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 29, 2019, from 8:30 a.m. – 10:00 a.m., to receive comment on proposed Medicaid payment rates for Clinical Diagnostic Laboratory Services. The proposed rate actions are based on a calendar fee review.The public hearing will be held in the HHSC Public Hearing Room at the Winters Building, located at 701 West 51st Street, Austin, Texas. Entry is through security at the main entrance of the building, which faces 51st Street. Disabled parking only is available at the Winters Building. All other visitors should park at the garage at the Brown-Heatly Building, 4900 North Lamar Boulevard. The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.Proposal. The payment rates for the Clinical Diagnostic Laboratory Services are proposed to be effective July 4, 2019.


Texas Health and Human Services Commission

In Addition

Public Notice – Texas State Plan for Medical Assistance Amendment under Title XIX of the Social Security Act effective July 4, 2019 (re: fees for Clinical Diagnostic Laboratory Services)

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance under Title XlX of the Social Security Act. The proposed amendment is effective July 4, 2019.The purpose of this amendment is to update the fee schedules in the current state plan by adjusting or implementing the fees for Clinical Diagnostic Laboratory Services.The proposed amendment is estimated to result in an additional annual aggregate savings of $4,653,479 for the remainder of federal fiscal year (FFY) 2019, consisting of $2,707,903 federal funds and $1,945,576 in state general revenue. For FFY 2020, the estimated additional annual savings is $18,654,441, consisting of $11,410,127 in federal funds and $7,244,314 in state general revenue. For FFY 2021, the estimated additional savings is $18,914,948, consisting of $11,517,311 in federal funds and $7,397,637 in state general revenue.Further detail on specific rates and percentage changes is available on the HHSC Rate Analysis website under the proposed effective date at: https://rad.hhs.texas.gov/rate-packets.


Texas Health and Human Services Commission

In Addition

Public Notice: Amendment to the Texas Healthcare Transformation Quality Improvement Program (THTQIP) Waiver Under Section 1115 of the Social Security Act

The Texas Health and Human Services Commission (HHSC) is submitting a request to the Centers for Medicare & Medicaid Services (CMS) for an amendment to the Texas Healthcare Transformation Quality Improvement Program (THTQIP) waiver under section 1115 of the Social Security Act. CMS has approved this waiver through September 30, 2022.House Bill (H.B.) 1576, 86th Legislative Session, directs HHSC to request an amendment to change how Non-Emergency Medical Transportation (NEMT) services are delivered in order to:- improve demand response transportation services for individuals unable to request the transportation more than 48 hours in advance;- enhance transportation services through the inclusion of transportation network companies (TNCs); and- promote integrated delivery of transportation services.Effective January 1, 2020, demand response services that meet non-medical transportation criteria will be provided through managed care by two or more managed care organizations (MCOs) in three to four managed care service delivery areas as designated by HHSC.Effective September 1, 2020, demand response services that meet non-medical transportation criteria will be delivered through managed care organizations statewide. In addition, NEMT services delivered to an individual enrolled in managed care will be provided through the individual’s Medicaid managed care organization (MCO).


Texas Health and Human Services Commission

Proposed Rules

Medicaid Health Services: Texas Healthcare Transformation and Quality Improvement Program

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §354.1707, concerning Performer Valuations. HHSC also proposes new Division 8, concerning DSRIP Program Demonstration Years 9-10, and within the new division: new §354.1729, concerning Definitions; new §354.1731, concerning Medicaid and Low-income or Uninsured Patient Population by Provider; new §354.1733, concerning Regional Healthcare Partnerships (RHPs); new §354.1735, concerning Participants; new §354.1737, concerning RHP Plan Update for DY9-10; new §354.1739, concerning RHP Plan Update Review; new §354.1741, concerning RHP Plan Update Modifications; new §354.1743, concerning Independent Assessor; new §354.1745, concerning Categories; new §354.1747, concerning Performer Valuations; new §354.1749, concerning Category A Requirements for Performers; new §354.1751, concerning Category B Requirements for Performers; new §354.1753, concerning Category C Requirements for Performers; new §354.1755, concerning Category D Requirements for Performers; and new §354.1757, concerning Disbursement of Funds.