Texas Register March 19, 2021 Volume: 46 Number: 12

Texas Register Table of Contents

1
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    - 1.0.1.1
2 Texas Health and Human Services Commission
- - 2.0.1 Proposed Rules
    - 2.0.1.1 New 1 TAC §355.8215, establishing the Public Health Provider – Charity Care Program (PHP-CCP) to incentivize the provision of healthcare services to uninsured individuals
3 Texas Health and Human Services Commission
- - 3.0.1 In Addition
    - 3.0.1.1 HHSC will submit an amendment to the Texas State Plan for Medical Assistance in order to update fee schedules
4 Texas Department of State Health Services
- - 4.0.1 In Addition
    - 4.0.1.1 DSHS has published its annual update to the Schedule of Controlled Substances
5 Governor
- - 5.0.1 Appointments
    - 5.0.1.1 Governor reappoints three members to the Dental Review Committee
6 Governor
- - 6.0.1 Notices
    - 6.0.1.1 Proclamation 41-3807: Renewing the disaster proclamation for all Texas counties in response to COVID-19
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Texas Health and Human Services Commission

Proposed Rules

New 1 TAC §355.8215, establishing the Public Health Provider – Charity Care Program (PHP-CCP) to incentivize the provision of healthcare services to uninsured individuals

CHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER J. PURCHASED HEALTH SERVICESDIVISION 11. TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT1 TAC §355.8215OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §355.8215, concerning Public Health Provider – Charity Care Program (PHP-CCP).SECTION-BY-SECTION SUMMARYA summary of the substantive provisions contained in each subsection is included in this week’s edition of the Texas Register (46 Tex Reg 1715). BACKGROUND AND JUSTIFICATION The purpose of the proposed new rule is to authorize HHSC to implement the PHP-CCP under the 1115 waiver to reimburse certain costs for qualifying providers associated with providing care, including behavioral health, immunizations, chronic disease prevention and other preventative services for the uninsured. This program was created as part of the 1115 waiver extension and will provide an opportunity for reimbursement of charity care costs (or Medicaid shortfall in the first year of the program).The proposed rule describes the requirements for participation in the PHP-CCP.In accordance with the Special Terms and Conditions of the 1115 waiver, to participate in the program, providers must be funded by a unit of government to be able to certify public expenditures. Publicly-owned and operated Community Mental Health Clinics (CMHCs), community centers, Local Behavioral Health Authorities (LBHAs) and Local Mental Health Authorities (LMHAs) that are established under the Texas Health and Safety Code Chapters 533 or 534 and are primarily providing behavioral health services, and Local Health Departments (LHDs) that are established under the Texas Health and Safety Code Chapter 121 are eligible to participate.

Texas Health and Human Services Commission

In Addition

HHSC will submit an amendment to the Texas State Plan for Medical Assistance in order to update fee schedules

OVERVIEWThe Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective April 1, 2021.The purpose of the amendment is to update fee schedules in the current state plan by adjusting fees, rates, or charges for Family Planning Services.AMENDMENT DETAILS The proposed amendment is estimated to result in an annual aggregate expenditure of $24,410 for federal fiscal year (FFY) 2021, consisting of $21,355 in federal funds and $3,055 in state general revenue. For FFY 2022, the estimated result is an annual aggregate expenditure of $45,826, consisting of $40,089 in federal funds and $5,737 in state general revenue. For FFY 2023, the estimated result is an annual aggregate expenditure of $45,034, consisting of $39,395 in federal funds and $5,639 in state general revenue.Further detail on specific reimbursement rates and percentage changes is available on the HHSC Provider Finance website under the proposed effective date at: http://rad.hhs.texas.gov/rate-packets.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 email. Please see this week’s edition of the Texas Register for relevant addresses.

Texas Department of State Health Services

In Addition

DSHS has published its annual update to the Schedule of Controlled Substances

This annual publication of the Texas Schedules of Controlled Substances was signed by John Hellerstedt, M.D., Commissioner of Health, and will take effect 21 days following publication of this notice in the Texas Register. To view the complete Schedule of Controlled Substances, including changes to the previous Schedule of Controlled Substances, please see this week’s edition of the Texas Register (46 Tex Reg 1763).

Governor

Appointments

Governor reappoints three members to the Dental Review Committee

Appointments for March 8, 2021Appointed to the Dental Review Committee, for terms to expire February 1, 2027: Jessica R. Bell, D.D.S. of Highland Village, Texas (Dr. Bell is being reappointed); Reena Kuba Shiralkar, D.D.S. of The Colony, Texas (Dr. Shiralkar is being reappointed);Brenda M. Olivarez of Aransas Pass, Texas (Ms. Olivarez is being reappointed).

Governor

Notices

Proclamation 41-3807: Renewing the disaster proclamation for all Texas counties in response to COVID-19

OVERVIEWIn accordance with the authority vested by Section 418.014 of the Texas Government Code, Governor renews the disaster proclamation for all counties in Texas.Pursuant to Section 418.017, Governor authorizes the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster.Pursuant to Section 418.016, any regulatory statute prescribing the procedures for conduct of state business or any order or rule of a state agency that would in any way prevent, hinder, or delay necessary action in coping with this disaster shall be suspended upon written approval of the Office of the Governor. However, to the extent that the enforcement of any state statute or administrative rule regarding contracting or procurement would impede any state agency’s emergency response that is necessary to cope with this declared disaster, Governor hereby suspends such statutes and rules for the duration of this declared disaster for that limited purpose.BACKGROUND AND JUSTIFICATION The Governor’s rationale for issuing Proclamation 41-3807 is included in this week’s edition of the Texas Register (46 Tex Reg 1710).