13 Mar 2020

Texas Register March 13, 2020 Volume: 45 Number: 11

by | posted in: Cancer Prevention and Research Institute of Texas, Texas Board of Chiropractic Examiners, Texas Department of Licensing and Regulation, Texas Department of State Health Services, Texas Health and Human Services Commission |

Texas Register Table of Contents

Texas Health and Human Services Commission

 

Proposed Rules

Amending 1 TAC §353.6 to define HHSC’s and HHSC-OIG’s roles in conducting audits of Managed Care Organizations participating in Medicaid

CHAPTER 353. MEDICAID MANAGED CARESUBCHAPTER A. GENERAL PROVISIONS1 TAC §353.6The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §353.6, concerning Audit of Managed Care Organizations.The proposed amendment to §353.6 codifies in rule a more detailed description of the coordination that is required between various divisions of HHSC and the HHSC-Office of Inspector General (HHSC-OIG) in planning and conducting audits of MCOs. BACKGROUND AND PURPOSETexas Government Code §533.015(b), as amended by Senate Bill (S.B.) 200 and S.B. 207, 84th Legislature, Regular Session, 2015 directed the HHSC Executive Commissioner to issue rules defining the coordination between HHSC and HHSC-OIG in conducting audits of managed care organizations (MCOs) participating in Medicaid.To comply with Texas Government Code §533.015(b), HHSC adopted Texas Administrative Code Sections §353.6 and §371.37, effective July 14, 2016. These rules assign authority to the HHSC Executive Commissioner for establishing policy outlining the roles and responsibilities of divisions, departments, and offices of HHSC in performing audits of MCOs. The HHSC Medicaid and CHIP Services Division (MCSD), the Health and Human Services (HHS) Internal Audit Division, and the HHSC-OIG are responsible for audits of MCOs and their subcontractors.In 2017, the Sunset Advisory Commission reported to the 85th Legislature that HHSC and HHSC-OIG had defined their respective audit roles, jurisdiction, and frequency in the HHSC Circular C-054, but the details were not defined in rule, as required by S.B. 200 and S.B. 207. The Sunset Advisory Commission recommended that the policies be prescribed in rule.

Texas Health and Human Services Commission

Proposed Rules

Amending 1 TAC §353.6 to define HHSC’s and HHSC-OIG’s roles in conducting audits of Managed Care Organizations participating in Medicaid

CHAPTER 353. MEDICAID MANAGED CARESUBCHAPTER A. GENERAL PROVISIONS1 TAC §353.6The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §353.6, concerning Audit of Managed Care Organizations.The proposed amendment to §353.6 codifies in rule a more detailed description of the coordination that is required between various divisions of HHSC and the HHSC-Office of Inspector General (HHSC-OIG) in planning and conducting audits of MCOs. BACKGROUND AND PURPOSETexas Government Code §533.015(b), as amended by Senate Bill (S.B.) 200 and S.B. 207, 84th Legislature, Regular Session, 2015 directed the HHSC Executive Commissioner to issue rules defining the coordination between HHSC and HHSC-OIG in conducting audits of managed care organizations (MCOs) participating in Medicaid.To comply with Texas Government Code §533.015(b), HHSC adopted Texas Administrative Code Sections §353.6 and §371.37, effective July 14, 2016. These rules assign authority to the HHSC Executive Commissioner for establishing policy outlining the roles and responsibilities of divisions, departments, and offices of HHSC in performing audits of MCOs. The HHSC Medicaid and CHIP Services Division (MCSD), the Health and Human Services (HHS) Internal Audit Division, and the HHSC-OIG are responsible for audits of MCOs and their subcontractors.In 2017, the Sunset Advisory Commission reported to the 85th Legislature that HHSC and HHSC-OIG had defined their respective audit roles, jurisdiction, and frequency in the HHSC Circular C-054, but the details were not defined in rule, as required by S.B. 200 and S.B. 207. The Sunset Advisory Commission recommended that the policies be prescribed in rule.

Texas Health and Human Services Commission

Proposed Rules

Amending 1 TAC §371.37to define responsibilities specific to HHSC-OIG in conducting audits of Managed Care Organizations participating in Medicaid

CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITYSUBCHAPTER B. OFFICE OF INSPECTOR GENERAL1 TAC §371.37The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §371.37, concerning Audit of Managed Care Organizations.The proposed amendment to §371.37 codifies in rule a more detailed description of the coordination between HHSC and HHSC- Office of Inspector General (HHSC-OI) in planning and conducting audits of MCOs.BACKGROUND AND PURPOSETexas Government Code §533.015(b), as amended by Senate Bill (S.B.) 200 and S.B. 207, 84th Legislature, Regular Session, 2015, directed the HHSC Executive Commissioner to issue rules defining the coordination between HHSC and HHSC-OIG in conducting audits of managed care organizations (MCOs) participating in Medicaid.To comply with Texas Government Code §533.015(b), HHSC adopted §353.6 and §371.37, effective July 14, 2016. These rules assign authority to the HHSC Executive Commissioner for establishing policy outlining the roles and responsibilities of divisions, departments, and offices of HHSC in performing audits of MCOs. The HHSC Medicaid and CHIP Services Division (MCSD), the Health and Human Services (HHS) Internal Audit Division, and the HHSC-OIG are responsible for audits of MCOs and their subcontractors.In 2017, the Sunset Advisory Commission reported to the 85th Legislature that HHSC and HHSC-OIG had defined their respective audit roles, jurisdiction, and frequency in the HHSC Circular C-054, but the details were not defined in rule, as required by S.B. 200 and S.B. 207. The Sunset Advisory Commission recommended that the policies be prescribed in rule.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §72.2 with new §72.2 to clarify general application requirements for Board licensure

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.2PROPOSED REPEAL The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.2 (License Application). The Board will propose a new §72.2 in a separate rulemaking. The purpose is to remove superfluous rules and make the Board’s license application procedures easier to read and navigate.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.2 (License Application). The purpose is to clarify the general requirements for individuals applying for a license with the Board.

Texas Department of State Health Services

Proposed Rules

Replacing old 22 TAC §72.5 with new §72.5 to clarify the meaning of “chiropractic school” with respect to Board licensing requirements

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.5PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.5 (Approved Schools and Colleges). The Board will propose a new §72.5 in a separate rulemaking. The purpose is to generally update the rule’s language and make the Board’s rules easier to navigate.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.5 (Approved Schools and Colleges). The Board will propose a new §72.5 in a separate rulemaking. The purpose is to generally update the rule’s language and make the Board’s rules easier to navigate.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §72.6 with new §72.6 to clarify National Board Exam requirements for Board licensure

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.6PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.6 (Exam Information). The Board will propose a new §72.6 in a separate rulemaking. The purpose is to remove superfluous rules and make the Board’s license application procedures easier to read and navigate.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.6 (National Board Exam Requirements). The purpose is to clarify the national board exam requirements for individuals applying for a license with the Board.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §72.7 with new §72.7 to clarify Jurisprudence Exam requirements for Board licensure

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.7PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.7 (Jurisprudence Exam). The Board will propose a new §72.7 in a separate rulemaking. The purpose is to remove superfluous rules and make the Board’s license application procedures easier to read and navigate.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.7 (Jurisprudence Exam). The purpose is to clarify the jurisprudence exam requirements for individuals applying for a license with the Board.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §72.11 with new §72.11 to clarify the Board’s temporary license requirements for faculty at Texas chiropractic colleges

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.11PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.11 (Temporary Faculty License). The Board will propose a new §72.11 in a separate rulemaking. The purpose is to remove superfluous rules and make the Board’s temporary license application procedures easier to read and navigate.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.11, concerning Temporary Faculty License. The purpose is to clarify the Board’s temporary license requirements for faculty at Texas chiropractic colleges.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §72.16 with new §72.16 to clarify requirements for placing a Board license on inactive status

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.16PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.16 (Inactive Status). The Board will propose a new §72.16 in a separate rulemaking. The purpose is to remove superfluous rules and make the requirements for obtaining an inactive license status clearer for licensees.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.16 (Inactive Status). The purpose is to clarify the requirements for licensees to place their license on inactive status with the Board.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §72.17 with new §72.17 to clarify limitations on practice for licensees who choose to retire

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.17PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.17 (Fee Exemption for Charity Care). The Board will propose a new §72.17, to be titled “Retired Chiropractor,” in a separate rulemaking. The purpose is to make clear the limitations of practicing on a chiropractor who has chosen to retire.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.17 (Retired Chiropractor). The purpose is to make clear the limitations on practice for licensees who choose to retire.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §72.20 with new §72.20 to clarify requirements for individuals licensed in another jurisdiction to obtain a Board license in Texas

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.20PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.20 (Requirements for Out-Of-State Applicants). The Board will propose a new §72.20 in a separate rulemaking. The purpose is to make the rule’s requirements easier to read and understand.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.20 (Requirements for Applicants Licensed in Another Jurisdiction). The purpose is to clarify the existing requirements for individuals licensed in another jurisdiction wishing to obtain a license in Texas.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §72.21 with new §72.21 to clarify requirements for military spouses licensed in another jurisdiction to obtain a Board license in Texas

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.21PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.21 (Requirements for Military Spouses). The Board will propose a new §72.21 in a separate rulemaking. The purpose is to make the rule’s requirements easier to read and understand.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.21 (Requirements for Military Spouses). The purpose is to clarify the existing requirements for military spouses licensed in another jurisdiction wishing to obtain a license in Texas.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §72.22 with new §72.22 to clarify application and renewal requirements for military members and veterans to obtain Board licensure

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.22PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.22 (Requirements for Military Members and Veterans). The Board will propose a new §72.22 in a separate rulemaking. The purpose is to make the rule’s requirements easier to read and understand.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §72.22 (Requirements for Military Members and Veterans). The purpose is to clarify the existing requirements for military members and veterans licensed in another jurisdiction or having an expired Texas license who wish to obtain a current license in Texas.

Texas Board of Chiropractic Examiners

Proposed Rules

Repealing 22 TAC §72.9 concerning reexaminations for Board licensure

CHAPTER 72. FEES, LICENSE APPLICATIONS, AND RENEWALS22 TAC §72.9The Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §72.9, concerning Reexaminations. Portions of this rule will be incorporated into a new §72.7 in a separate rulemaking. The purpose of this action is to remove superfluous rules and make the Board’s rules easier to read and navigate.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §73.1 with new §73.1 to clarify continuing education requirements for Board licensees

CHAPTER 73. CONTINUING EDUCATION22 TAC §73.1PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §73.1 (Continuing Education). The Board will propose a new §73.1 in a separate rulemaking. The purpose is to make the rule’s requirements easier to read and understand.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §73.1 (Continuing Education Requirements for Licensees). The purpose is to clarify the continuing education requirements for licensees. The Board is specifying the requirements for other individuals involved in providing continuing education to licensees in separate rulemakings for §§73.3 – 73.5.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §73.2 with new §73.2 to clarify consequences and penalties for failure to meet continuing education requirements

CHAPTER 73. CONTINUING EDUCATION22 TAC §73.2PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §73.2 (Failure to Meet Continuing Education Requirements). The Board will propose a new §73.2 in a separate rulemaking. The purpose is to make the rule’s requirements easier to read and understand.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §73.2 (Failure to Meet Continuing Education Requirements). The purpose is to clarify the consequences and penalties for a licensee who fails to meet continuing education requirements.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §73.3 with new §73.3 to clarify requirements for Board-approved providers of continuing education courses

CHAPTER 73. CONTINUING EDUCATION22 TAC §73.3PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §73.3 (Approval for Continuing Education Courses). The Board will propose a new §73.3 in a separate rulemaking. The purpose is to make the rule’s requirements easier to read and understand.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §73.3 (Requirements for Sponsors of Continuing Education Courses). The purpose is to clarify the requirements for Board-approved providers of continuing education courses. The Board is specifying the requirements for other individuals involved in providing continuing education to licensees in separate rulemakings for §73.4 and §73.5.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §81.2 with new §81.2 to clarify all parties’ requirements in contested Board administrative actions

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.2PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §81.2 (Enforcement Actions). The Board will propose a new §81.2 in a separate rulemaking. The purpose is to make the rule’s requirements easier to read and understand and to clarify the role of the Enforcement Committee in the enforcement process.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §81.2 (Notice for Enforcement and Other Hearings). The purpose is to make the rule easier to read and to clarify all parties’ requirements in contested Board administrative actions.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §81.5 with new §81.5 to clarify administrative hearing procedures for respondents in contested cases

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.5PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §81.5 (Appearance). The Board will propose a new §81.5 in a separate rulemaking. The purpose is to make the current rule’s requirements easier to read.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §81.5 (Appearance). The purpose is to clarify the language and make the administrative hearing process easier to understand for respondents in contested cases.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §81.6 with new §81.6 to clarify the Board’s administrative process for obtaining a default judgment in a contested case

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.6PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §81.6 (Default Judgment). The Board will propose a new §81.6 in a separate rulemaking. The purpose is to make the current rule’s requirements easier to read.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §81.6 (Default Judgment). The purpose is to clarify the language and make the Board’s administrative process for obtaining a default judgment in a contested case easier to understand.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §81.7 with new §81.7 to clarify administrative procedures for depositions, subpoenas, and witnesses in a contested case

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.7PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §81.7 (Depositions, Subpoenas, and Witness Expenses). The Board will propose a new §81.7 in a separate rulemaking. The purpose is to make the current rule’s requirements easier to read.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §81.7 (Depositions, Subpoenas, and Witness Expenses). The purpose is to clarify the language and make the Board’s administrative processes in a contested case easier to understand.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §81.8 with new §81.8 to clarify administrative procedures for hearing exhibits and records in a contested case

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.8PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §81.8 (Hearing Exhibits and Record). The Board will propose a new §81.8 in a separate rulemaking. The purpose is to make the current rule’s requirements easier to read.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §81.8 (Hearing Exhibits and Record). The purpose is to clarify the language and make the Board’s administrative processes in a contested case easier to understand.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §81.9 with new §81.9 to clarify administrative procedures for decision proposals in a contested case

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.9PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §81.9 (Proposal for Decision). The Board will propose a new §81.9 in a separate rulemaking. The purpose is to make the current rule’s requirements easier to read.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §81.9 (Proposal for Decision). The purpose is to clarify the language and make the Board’s administrative processes in a contested case easier to understand.

Texas Board of Chiropractic Examiners

Proposed Rules

Replacing old 22 TAC §81.10 with new §81.10 to clarify administrative procedures for a final Board order in a contested case

CHAPTER 81. ENFORCEMENT ACTIONS AND HEARINGS22 TAC §81.10PROPOSED REPEALThe Texas Board of Chiropractic Examiners (Board) proposes repealing 22 TAC §81.10 (Board Order). The Board will propose a new §81.10 in a separate rulemaking. The purpose is to make the current rule’s requirements easier to read.PROPOSED NEW RULEThe Texas Board of Chiropractic Examiners (Board) proposes new 22 TAC §81.10 (Final Board Order). The purpose is to clarify the language and make the Board’s administrative processes in a contested case easier to understand.

Cancer Prevention and Research Institute of Texas

Proposed Rules

Amending 25 TAC §703.11 regarding a grant recipient’s provision of supporting documentation for matching funds

CHAPTER 703. GRANTS FOR CANCER PREVENTION AND RESEARCH25 TAC §703.11The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) proposes amendments to 25 Texas Administrative Code §703.11, relating to the requirements for a grant recipient to provide supporting documentation for matching funds. The proposed change to §703.11 requires a grant recipient to submit all supporting documentation for matching funds expenditures at the time that it files its matching fund verification form.BACKGROUND AND JUSTIFICATIONTexas law requires that research grant recipients expend their own funds equal to at least one half of grant funds. The grant recipient submits a matching compliance form to CPRIT indicating that it has expended the required amount of matching funds. With this proposed rule amendment, the grant recipient must also submit supporting documentation showing the expenditures made with matching funds at the same time the grant recipient files its matching compliance form. This change assists the Institute in verifying that the grant recipient has accurately calculated and expended the required amount of matching funds. The rule amendment also explains that the Institute will not review or approve a matching compliance form until the grant recipient has uploaded all supporting documentation for the applicable matching funds compliance form.

Cancer Prevention and Research Institute of Texas

Proposed Rules

Amending 25 TAC §703.23 regarding the Institute’s payment of advance funds to grant recipients

CHAPTER 703. GRANTS FOR CANCER PREVENTION AND RESEARCH25 TAC §703.23The Cancer Prevention and Research Institute of Texas (“CPRIT” or “the Institute”) proposes amendments to 25 Texas Administrative Code §703.23, relating to the Institute’s payment of advance funds.The proposed change to §703.23 allows the Institute to withhold payment of up to ten percent (10%) of the grant award for grant recipients who receive advance payment of grant funds. BACKGROUND AND JUSTIFICATIONCPRIT will not disburse the retained amount to the grant recipient until the grant recipient fulfills all applicable grant award close out requirements and the Institute has approved the grant recipient’s required reports. While most grant recipients receive grant funds on a reimbursement basis, CPRIT’s statute and administrative rules allow for CPRIT to advance grant funds to grant recipients. Holding back payment of the final 10% helps to ensure that the grant recipient meets the requirements of the grant con- tract before receiving final payment on a grant award and limits the amount of outstanding CPRIT funds. The proposed amendment includes a process allowing the Institute’s CEO to approve for good cause a grant recipient’s request that CPRIT retain less than 10% of the grant award.

Texas Health and Human Services Commission

Proposed Rules

Creating new Subchapter L under 26 TAC §711 to reflect a transfer of certain functions regarding the Employee Misconduct Registry from DFPS to HHSC

CHAPTER 711. INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERSSUBCHAPTER L. EMPLOYEE MISCONDUCT REGISTRY26 TAC §§711.1401 – 711.1404, 711.1406 – 711.1408, 711.1413 – 711.1415, 711.1417, 711.1419, 711.1421, 711.1423, 711.1425 – 711.1427, 711.1429, 711.1431, 711.1432, 711.1434The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §§711.1401 – 711.1404, 711.1406 – 711.1408, 711.1413 – 711.1415, 711.1417, 711.1419, 711.1421, 711.1423, 711.1425 – 711.1427, 711.1429, 711.1431, 711.1432, and 711.1434 in Chapter 711, concerning Investigations of Individuals Receiving Services from Certain Providers. These proposed rules do not propose any substantive changes in the content of the existing rules.BACKGROUND AND PURPOSEThe purpose is to create a new subchapter in Title 26, Chapter 711, to copy necessary rules from a subchapter shared with Department of Family and Protective Services (DFPS). This is a result of implementing Senate Bill (S.B.) 200, 84th Legislature Regular Session, 2016, which transferred certain functions previously performed by DFPS to Texas Health and Human Services Commission (HHSC), and to update references to other rules and reflect agency language changes where appropriate in Subchapter L, concerning Employee Misconduct Registry. S.B. 200, reorganized health and human services delivery in Texas. Certain functions previously performed by the Department of Family and Protective Services (DFPS) transferred to the HHSC in accordance with Texas Government Code, §531.0201, §531.02011, and §531.02013. As a result, both agencies need the rules currently located in Title 40, Chapter 711, Subchapter O, Employee Misconduct Registry, therefore, HHSC is proposing new rules in Title 26 for use by HHSC. All other subchapters in Title 40, Chapter 711, Investigations of Individuals Receiving Services from Certain Providers, were not needed by DFPS and were administratively transferred to Title 26.The purpose of this proposal is to create a new subchapter in Title 26, Chapter 711 to copy the necessary rules from the shared subchapter.

Texas Health and Human Services Commission

Adopted Rules

Amending 1 TAC §355.8201 to update requirements for certain uncompensated care reimbursement payments under the Texas Healthcare Transformation and Quality Improvement Program

CHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER J. PURCHASED HEALTH SERVICESDIVISION 11. TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT1 TAC §355.8201The Texas Health and Human Services Commission (HHSC) adopts an amendment to §355.8201, concerning Waiver Payments to Hospitals for Uncompensated Care. Section §355.8201 is adopted without changes to the proposed text as published in the January 3, 2020, issue of the Texas Register (45 TexReg 25). This rule will not be republished.BACKGROUND AND JUSTIFICATIONThe purpose of the amendment is to eliminate the requirement that a secondary reconciliation be performed for a hospital that submitted a request for an adjustment to cost and payment data for its UC application in demonstration year (DY) 2 (October 1, 2012, to September 30, 2013). The UC applicants did not have the benefit of fully knowing the consequences of requesting an adjustment before they submitted their UC applications. The adjustments were requested prior to the effective date of the rule amendment that required a secondary reconciliation process to occur if cost and payment data adjustments were requested.

Texas Department of State Health Services

In Addition

DSHS publishes decisions regarding the issuance, amendment or renewal of certain parties’ licensure for the possession and use of radioactive material

OVERVIEWDuring the second half of January, 2020, the Department of State Health Services (Department) has taken actions regarding Licenses for the possession and use of radioactive materials. Licensing decisions pertaining to each applicant is included in the March 13, 2020 edition of the Texas Register. BACKGROUND AND JUSTIFICATIONIn issuing new licenses and amending and renewing existing licenses, the Department’s Business Filing and Verification Section has determined that the applicant has complied with the licensing requirements in Title 25 Texas Administrative Code (TAC), Chapter 289, for the noted action. In granting termination of licenses, the Department has determined that the licensee has complied with the applicable decommissioning requirements of 25 TAC, Chapter 289. In granting exemptions to the licensing requirements of Chapter 289, the Department has determined that the exemption is not prohibited by law and will not result in a significant risk to public health and safety and the environment.AFFECTED PERSONS’ RIGHT TO HEARINGA person affected by the actions published in this notice may request a hearing within 30 days of the publication date. A “person affected” is defined as a person who demonstrates that the person has suffered or will suffer actual injury or economic damage and, if the person is not a local government, is (a) a resident of a county, or a county adjacent to the county, in which radioactive material is or will be located, or (b) doing business or has a legal interest in land in the county or adjacent county. 25 TAC §289.205(b)(15); Health and Safety Code §401.003(15). Requests must be made in writing and should contain the words “hearing request,” the name and address of the person affected by the agency action, the name and license number of the entity that is the subject of the hearing request, a brief statement of how the person is affected by the action what the requestor seeks as the outcome of the hearing, and the name and address of the attorney if the requestor is represented by an attorney. Send hearing requests by mail to: Hearing Request, Radiation Material Licensing, MC 2835, PO Box 149347, Austin, Texas 78714-9347, or by fax to: 512-834-6690, or by e-mail to: RAMlicensing@dshs.texas.gov.

Texas Department of Licensing and Regulation

In Addition

Notice: Enforcement plan has been revised to include the Behavior Analysts program penalty matrix

Public Notice – Enforcement Plan OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) provides this public notice that at their regularly scheduled meeting held February 18, 2020, the Commission adopted the Texas Department of Licensing and Regulation’s (Department) revised enforcement plan, which was established in compliance with Texas Occupations Code, §51.302(c).The enforcement plan gives all license holders notice of the specific ranges of penalties and license sanctions that apply to specific alleged violations of the statutes and rules enforced by the Department. The enforcement plan also presents the criteria that are considered by the Department’s Enforcement staff in determining the amount of a proposed administrative penalty or the magnitude of a proposed sanction. The enforcement plan is revised to include the penalty matrix for the Behavior Analysts program.BEHAVIOR ANALYST PENALTY MATRIXThe Texas Legislature enacted Senate Bill 589 (S.B. 589), 85th Legislature, Regular Session (2017), which created the licensing requirement for Behavior Analysts in Texas. The Behavior Analysts penalty matrix provides for a single range of penalties for each class to eliminate confusion and allow the industry to fully understand the penalties assessed. The penalty matrix describes the specific ranges of penalties and license sanctions that apply to specific violations of the statutes and rules enforced by the Department. This penalty matrix may differ slightly from others as the agency focuses on aligning strategic plan goals with agency resources.The Behavior Analysts Advisory Board recommended approval of the penalty matrix at their meeting held January 29, 2020. The penalty matrix was presented to the Commission on February 18, 2020, and was adopted as recommended.A copy of the revised enforcement plan is posted on the Department’s website and may be downloaded at www.tdlr.texas.gov. You may also contact the Enforcement Division at (512) 539-5600 or by e-mail at enforcement@tdlr.texas.gov to obtain a copy of the revised plan.

Texas Department of Licensing and Regulation

In Addition

Notice: Enforcement plan has been revised to include the Dyslexia program penalty matrix

OVERVIEWThe Texas Commission of Licensing and Regulation (Commission) provides this public notice that at their regularly scheduled meeting held February 18, 2020, the Commission adopted the Texas Department of Licensing and Regulation’s (Department) revised enforcement plan which was established in compliance with Texas Occupations Code, §51.302(c).The enforcement plan gives all license holders notice of the specific ranges of penalties and license sanctions that apply to specific alleged violations of the statutes and rules enforced by the Department. The enforcement plan also presents the criteria that are considered by the Department’s Enforcement staff in determining the amount of a proposed administrative penalty or the magnitude of a proposed sanction. The enforcement plan is revised to include the penalty matrix for the Dyslexia program.DYSLEXIA PROGRAM PENALTY MATRIXThe Texas Legislature enacted Senate Bill 202 (S.B. 202), 84th Legislature, Regular Session (2015), which transferred regulatory authority of 13 programs, to include Dyslexia Therapists and Practitioners from the Texas Department of State Health Services to the Commission and Department. The Dyslexia Therapists and Practitioners penalty matrix provides for a single range of penalties for each class to eliminate confusion and allow the industry to fully understand the penalties assessed. The penalty matrix describes the specific ranges of penalties and license sanctions that apply to specific violations of the statutes and rules enforced by the Department. This penalty matrix may differ slightly from others as the agency focuses on aligning strategic plan goals with agency resources.The Dyslexia Therapists and Practitioners Advisory Board recommended approval of the penalty matrix at their meeting held January 27, 2020. The penalty matrix was presented to the Commission on February 18, 2020, and was adopted as recommended.A copy of the revised enforcement plan is posted on the Department’s website and may be downloaded at www.tdlr.texas.gov. You may also contact the Enforcement Division at (512) 539-5600 or by e-mail at enforcement@tdlr.texas.gov to obtain a copy of the revised plan.