Texas Register July 2, 2021 Volume: 46 Number: 27

Attorney General

Request for Opinions Re:

Texas medical school compliance with the Coats-Snowe Amendment, which prohibits discrimination against health care entities that refuse to provide or undergo training for abortion

46 Tex Reg 3987

OVERVIEW

The Honorable Donna Campbell, M.D., Chair, Committee on Veterans Affairs & Border Security, solicits opinions regarding Texas medical school compliance with the Coats-Snowe Amendment, which prohibits discrimination against health care entities that refuse to provide or undergo training for abortion.

ADDITIONAL INFORMATION

For further information, please access the website at www.texasattorneygeneral.gov or call the Opinion Committee at (512) 463-2110.

State Board of Dental Examiners

Adopted Rules Re:

Amending 22 TAC §101.2 (Dental Licensure) to reflect the North East Regional Board of Dental Examiners (NERB) name change to The Commission on Dental Competency Assessments (CDCA).

46 Tex Reg 4024

CHAPTER 101. DENTAL LICENSURE
22 TAC §101.2

OVERVIEW

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §101.2, concerning dental licensure by examination. The adopted amendment reflects the North East Regional Board of Dental Examiners (NERB) name change to The Commission on Dental Competency Assessments (CDCA), and the effective date of the name change. This amendment is adopted without changes to the proposed text as published in the April 30, 2021, issue of the Texas Register (46 Tex Reg 2882). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

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Amending 22 TAC §103.2 (Dental Hygiene Licensure) to reflect the North East Regional Board of Dental Examiners (NERB) name change to The Commission on Dental Competency Assessments (CDCA).

46 Tex Reg 4025

CHAPTER 103. DENTAL HYGIENE LICENSURE
22 TAC §103.2

OVERVIEW

The State Board of Dental Examiners (Board) adopts this amendment to 22 TAC §103.2, concerning dental hygiene licensure by examination. The adopted amendment reflects the North East Regional Board of Dental Examiners (NERB) is now The Commission on Dental Competency Assessments (CDCA), and the effective date of the name change. This amendment is adopted without changes to the proposed text as published in the April 30, 2021, issue of the Texas Register (46 Tex Reg 2884). The rule will not be republished.

BACKGROUND AND JUSTIFICATION

This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

Texas Health and Human Services Commission

In Addition re:

Amended Notice of Public Hearing on Proposed Payment Rates for Pediatric Long-Term Care Facilities

46 Tex Reg 4045

OVERVIEW

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 12, 2021, at 9:00 a.m., to receive public comments on the proposed payment rates for Pediatric Long-term Care Facilities.

HHSC proposes to increase the per diem rate for Pediatric Long-term Care Facilities to $383.08, effective September 1, 2021.

HEARING DETAILS

This hearing will be conducted online only. Physical entry to the hearing will not be permitted. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:

https://attendee.gotowebinar.com/register/825080537950819086.

After registering, you will receive a confirmation email containing information about joining the hearing. You can also dial in using your phone at (415) 655-0060, access code: 451-527-012.

If you are new to GoToWebinar, please download the GoToMeeting app at https://global.gotomeeting.com/install/626873213 before the hearing starts.

BACKGROUND AND JUSTIFICATION

The rate increase is proposed in order to comply with the 2022-2023 General Appropriations Act, Senate Bill (S.B.) 1, 87th Legislature, Regular Session, 2021, (Article II, HHSC, Rider 40), which requires a rate methodology revision for pediatric long-term care facilities to mirror Medicare rates. HHSC intends to revise the rate methodology published in Title 1 of the Texas Administrative Code, §355.307, relating to Reimbursement Setting Methodology, in accordance with Rider 40 so that the rate for all facilities in this special reimbursement class of nursing facilities will be based upon the unadjusted federal per diem rate for rural Medicare skilled nursing facilities for the most recent federal fiscal year. HHSC also intends to propose a new rule as part of this methodological revision.

A briefing packet describing the proposed payment rates is available at https://rad.hhs.texas.gov/proposed-rate-packets. Interested parties may also obtain a copy of the briefing packet prior to the hearing by contacting the HHSC Provider Finance Department by telephone at (512) 424-6637, by fax at (512) 730-7475, or by e-mail at PFD-LTSS@hhs.texas.gov.

PUBLIC COMMENT

Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by email to PFD-LTSS@hhs.texas.gov. In addition, written comments may be sent by overnight mail or hand delivered to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex Building, 4601 W Guadalupe St., Austin, Texas 78751.

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Notice of Public Hearing on Proposed Medicaid Payment Rates for Rural Hospital Diagnostic Radiology Services and Clinical Diagnostic Laboratories

46 Tex Reg 4045

OVERVIEW

The payment rates for the legislatively directed review are proposed to be effective September 1, 2021, for the following services:

A(1) Clinical Diagnostic Laboratories

A(2) Diagnostic Radiology – Rural Hospitals

HEARING DETAILS

This hearing will be conducted online only.

Please register for the HHSC Public Rate Hearing for Rural Hospital Diagnostic Radiology Services and Clinical Diagnostic Laboratories to be held on July 12, 2021, at 9:00 a.m. CDT at:

https://attendee.gotowebinar.com/register/825080537950819086

After registering, you will receive a confirmation email containing information about joining the webinar.

BACKGROUND AND JUSTIFICATION

The proposed rate actions are based on direction provided by 2022-2023 General Appropriations Act, Senate Bill (S.B.) 1, 87th Legislature, Regular Session, 2021, (Article II, HHSC, Rider 8). The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:

§355.8061, which addresses outpatient hospital reimbursement;

§355.8085, which addresses the reimbursement methodology for physicians and other practitioners; and

§355.8610, which addresses the reimbursement for clinical laboratory services.

A briefing packet describing the proposed payments rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after July 2, 2021. Interested parties may obtain a copy of the briefing packet prior on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at PFDAcuteCare@hhs.texas.gov.

PUBLIC COMMENT

Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to PFDAcuteCare@hhs.texas.gov. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 W Guadalupe St, Austin, Texas 78751.

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Notice of Public Hearing on Proposed Medicaid Rate for Rural Hospital General Outpatient Services

46 Tex Reg 4046

OVERVIEW

The payment rates for the Medicaid adjustments to rural hospital general outpatient services are proposed to be effective September 1, 2021.

HEARING DETAILS

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 12, 2021, at 9:00 a.m., to receive comment on proposed Medicaid adjustments to rural hospital general outpatient services. Due to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only.

Please register for the HHSC Public Rate Hearing for proposed Medicaid rate for rural hospital general outpatient services to be held on July 12, 2021, at 9:00 a.m. CDT at:

https://attendee.gotowebinar.com/register/825080537950819086

After registering, you will receive a confirmation email containing information about joining the webinar.

BACKGROUND AND JUSTIFICATION

The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:

§355.8061, which addresses the reimbursement methodology for outpatient hospital reimbursement.

A briefing packet describing the proposed payments rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after June 28, 2021. Interested parties may obtain a copy of the briefing packet on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at PFD_Hospitals@hhsc.state.tx.us.

PUBLIC COMMENT

Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to PFD_Hospitals@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 Guadalupe St., Austin, Texas 78751.

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Notice of Public Hearing on Proposed Medicaid Rate for Rural Hospital Inpatient Services

46 Tex Reg 4046

OVERVIEW

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 12, 2021, at 9:00 a.m., to receive comment on proposed Medicaid Reimbursement to rural hospital inpatient services. Due to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only.

The payment rates to the Medicaid rural hospital inpatient services are proposed to be effective September 1, 2021.

HEARING DETAILS

Please register for the HHSC Public Rate Hearing for proposed Medicaid reimbursement to rural hospital inpatient services to be held on July 12, 2021, at 9:00 a.m. CDT at:

https://attendee.gotowebinar.com/register/825080537950819086

After registering, you will receive a confirmation email containing information about joining the webinar.

BACKGROUND AND JUSTIFICATION

The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:

§355.8052, which addresses the reimbursement methodology for inpatient hospital reimbursement.

A briefing packet describing the proposed payments rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after June 28, 2021. Interested parties may obtain a copy of the briefing packet on or after that date by contacting Provider Finance by telephone at (512) 730-7401; by fax at (512) 730-7475; or by e-mail at PFD_Hospitals@hhsc.state.tx.us.

PUBLIC COMMENT

Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to PFD_Hospitals@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 Guadalupe St, Austin, Texas 78751.

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Notice of Public Hearing on Proposed Reimbursement Adjustments for Hospital Quality-Based Program Potentially-Preventable Readmissions

46 Tex Reg 4047

OVERVIEW

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 15, 2021, at 9:00 a.m., to receive public comments on the proposed use of unweighted potentially preventable readmission (PPR) results to assess hospital performance and potential reimbursement reductions.

The purpose of this amendment is to revise HHSC’s potentially preventable events program for reimbursement reductions for eligible hospitals. With the revision, HHSC would no longer weight potentially preventable readmissions when calculating a hospital’s performance in relation to statewide norms. The reimbursement adjustments are proposed to be effective September 1, 2021.

HEARING DETAILS

This hearing will be conducted online only. Physical entry to the hearing will not be permitted. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:

https://attendee.gotowebinar.com/register/2969210675799879184.

After registering, you will receive a confirmation email containing information about joining the hearing. You can also dial in using your phone at (914) 614-3221, access code 479-377-166.

If you are new to GoToWebinar, please download the GoToMeeting app at https://global.gotomeeting.com/install/626873213 before the hearing starts.

BACKGROUND AND JUSTIFICATION

The proposed change in methodology is in accordance with the findings of Senate Bill (SB) 1207, 86th Legislature, Regular Session, 2019, which required HHSC to evaluate risk-adjustment methods used for PPRs. Based on this investigation, staff determined that hospitals treating a high proportion of STAR Kids members (who because of their medical complexity are more likely to have multiple readmissions associated with a single initial hospital stay) are likely disadvantaged by the current method for calculating risk-adjusted PPR rates.

A briefing packet describing the proposed reimbursement adjustments is available at https://pfd.hhs.texas.gov/rate-packets. Interested parties may obtain a copy of the briefing packet before the hearing by contacting the HHSC Provider Finance Department by telephone at (512) 424-6637; by fax at (512) 730-7475; or by e-mail at RAD-LTSS@hhsc.state.tx.us.

PUBLIC COMMENT

Written comments regarding the reimbursement adjustments may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail, overnight mail, special delivery mail, fax, or e-mail. Exact addresses can be found at 46 Tex Reg 4047.

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Notice of Stakeholder Engagement Meetings on Potential Medicaid and Title XX Payment Rates

46 Tex Reg 4048

OVERVIEW

The Texas Health and Human Services Commission (HHSC) will conduct stakeholder engagement meetings on July 13, 2021, beginning at 9:00 a.m. CDT, to receive comments on Medicaid and Title XX payment rates that may be addressed at the November 2021 rate hearings.

HEARING DETAILS

These meetings will be conducted online only. Physical entry to the meetings will not be permitted.

The stakeholder engagement meetings will be held as follows:

• Acute Care Services: July 13, 2021, 9:00 a.m. – 11:00 a.m.
• Long-Term Services & Supports: July 13, 2021, 12:30 p.m. – 2:30 p.m.
• Hospital Services: July 13, 2021, 3:00 p.m. – 5:00 p.m.

Please register for HHSC Provider Finance Department Stakeholder Engagement Meetings on July 13, 2021 at:

https://attendee.gotowebinar.com/register/3939882630032225296

Webinar ID: 464-698-691

After registering, you will receive a confirmation email containing information about joining the webinar.

If you are new to GoToMeeting, please download the GoToMeeting app at https://global.gotomeeting.com/install/626873213 before the hearing starts.

HHSC will record the meetings. The recordings will be archived and can be accessed on demand at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings.

PUBLIC COMMENT

Written comments regarding the proposed topics may be submitted in lieu of, or in addition to, oral comments until 5:00 p.m. the day following the meetings, July 14, 2021. Written comments may be sent by U.S. mail, overnight mail, fax, or e-mail.

A full list of the topics for the Stakeholder Engagement Meetings and the addresses for public comment can be found at 46 Tex Reg 4048.

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HHSC intends to submit an amendment regarding reimbursement methodologies for the Texas State Plan for Early and Periodic Screening, Diagnosis and Treatment Comprehensive-Care Program (EPSDT-CCP)

46 Tex Reg 4050

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Early and Periodic Screening, Diagnosis and Treatment under Title XIX of the Social Security Act. The proposed amendment is effective September 1, 2021.

The purpose of the amendment is to update School Health and Related Services (SHARS) pages within the Reimbursement Methodologies for Early and Periodic Screening, Diagnosis and Treatment Comprehensive-Care Program (EPSDT-CCP) section of the state plan. The amendment will add the costs of audiology services prescribed to Medicaid-enrolled students with Section 504 Plans to the costs that may be reimbursed under the SHARS program.

COPY OF PROPOSED AMENDMENT

Interested parties may obtain additional information and/or a free copy of the proposed amendment by contacting Holly Freed, State Plan Policy Advisor, by mail at the Health and Human Services Commission, P.O. Box 13247, Mail Code H-600, Austin, TX 78711; by telephone at (512) 487-3349; by facsimile at (512) 730-7472; or by e-mail at Medicaid_Chip_SPA_Inquiries@hhsc.state.tx.us. Copies of the proposed amendment will be available for review at the local county offices of HHSC, (which were formerly the local offices of the Texas Department of Aging and Disability Services).

PUBLIC COMMENT

Written comments about the proposed amendment and/or requests to review comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, fax, or e-mail. Exact addresses can be found at 46 Tex Reg 4050.