Texas Register July 26, 2019 Volume: 44 Number: 30

Office of the Attorney General



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.