Texas Register May 12, 2023 Volume: 48 Number: 19

Texas Register Table of Contents

Governor

Appointments Re:

The Governor appointed three individuals to the Texas Board of Chiropractic Examiners on May 2, 2023.

Appointed to the Texas Board of Chiropractic Examiners for a term to expire February 1, 2029:

  • Joshua “Josh” Hollub of La Porte, Texas.
  • Matthew C. Mix, D.C. of Bastrop, Texas.
  • Mindy R. Neal, D.C. of Bovina, Texas.

Office of the Attorney General

Opinions Re:

An opinion regarding the amended title of an individual holding a specialist in school psychology license for the Texas Behavioral Health Executive Council.

OVERVIEW

Occupations Code subsection 501.260(a) requires the Texas Behavioral Health Executive Council to “by rule . . . issue a license to a licensed specialist in school psychology.” A proposed administrative rule that permits a licensed specialist in school psychology to use the title School Psychologist or Licensed School Psychologist does not contravene specific statutory authority, is not contrary to the general objectives of Occupations Code chapter 501, and does not impose additional burdens, conditions, or restrictions. A court would likely conclude the proposed rule is in harmony with chapter 501’s objectives and thus within the Council’s authority to adopt.


Texas Optometry Board

Withdrawn Rules Re:

Withdrawing amendment to 22 TAC §279.1, which would have required that the optometrist or therapeutic optometrist personally “examine” certain findings during an initial visit for contact lenses.

CHAPTER 279. INTERPRETATIONS
22 TAC §279.1

OVERVIEW

The Texas Optometry Board withdraws the proposed amendment to §279.1, which appeared in the November 25, 2022, issue of the Texas Register (47 TexReg 7843).


Withdrawing amendment to 22 TAC §279.3, to require that the optometrist or therapeutic optometrist personally examine certain findings during the initial visit for spectacles.

CHAPTER 279. INTERPRETATIONS
22 TAC §279.3

OVERVIEW

The Texas Optometry Board withdraws the proposed amendment to §279.3, which appeared in the November 25, 2022, issue of the Texas Register (47 TexReg 7847).


Texas Health and Human Services Commission

In Addition Re:

Public Notice: Texas State Plan for Medical Assistance Amendment regarding updating rate methodology for Prescribed Pediatric Extended Care Centers (PPECC).

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendment is effective June 1, 2023.

BACKGROUND AND JUSTIFICATION

The purpose of the amendment is to update the rate methodology and payment rates for Prescribed Pediatric Extended Care Centers (PPECC). HHSC Provider Finance Department (PFD) staff evaluated the PPECC rate methodology and payment rates as part of the biennial fee review process.

The proposed amendment is estimated to result in an annual aggregate expenditure of $0 for federal fiscal year (FFY) 2023, consisting of $0 in federal funds and $0 in state general revenue. For FFY 2024, the estimated annual aggregate expenditure is $0, consisting of $0 in federal funds and $0 in state general revenue. For FFY 2025, the estimated annual aggregate expenditure is $0, consisting of $0 in federal funds and $0 in state general revenue. There is no fiscal impact for the proposed amendment in fee-for-service, as PPECC is a part of Managed Care services under STAR Kids and STAR Health.


Public Notice: Texas State Plan for Medical Assistance Amendment, concerning updating the rate methodology and payment rate for Community First Choice (CFC) Personal Attendant Services (PAS) and Habilitation, under the Consumer Directed Services (CDS) option, for STAR Kids.

OVERVIEW

The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The proposed amendment is effective June 1, 2023.

BACKGROUND AND JUSTIFICATION

The purpose of the amendment is to update the rate methodology and payment rate for Community First Choice (CFC) Personal Attendant Services (PAS) and Habilitation, under the Consumer Directed Services (CDS) option, for STAR Kids. The amendment aligns the CFC PAS and Habilitation CDS rate for STAR Kids with the base rate for Personal Care Services – Behavioral Health (PCS-BH) CDS. Provider Finance Department (PFD) staff evaluated the CFC PAS and Habilitation CDS rate methodology and payment rate as part of the biennial fee review process.

The proposed amendment is estimated to result in an annual aggregate expenditure of $0 for federal fiscal year (FFY) 2023, consisting of $0 in federal funds and $0 in state general revenue. For FFY 2024, the estimated annual aggregate expenditure is $0, consisting of $0 in federal funds and $0 in state general revenue. For FFY 2025, the estimated annual aggregate expenditure is $0, consisting of $0 in federal funds and $0 in state general revenue. There is no fiscal impact for the proposed amendment in fee-for-service, as STAR Kids CFC PAS and Habilitation CDS is a part of Managed Care services.


Texas Departments of State Health Services

In Addition Re:

Licensing Actions for Radioactive Materials

For more information, please visit this week’s edition of the Texas Register at 48 Tex Reg 2530.


Texas Department of Licensing and Regulation

Withdrawn Rules Re:

Withdrawing 16 TAC §§121.23, 121.24, 121.26, 121.50, 121.70, 121.80, and new 16 TAC §§121.26, 121.70, and 121.80, regarding educational requirements.

CHAPTER 121. BEHAVIOR ANALYST
16 TAC §§121.23, 121.24, 121.26, 121.50, 121.70, 121.80

OVERVIEW

The Texas Department of Licensing and Regulation withdraws the proposed repeal of §§121.23, 121.24, 121.26, 121.50, 121.70, and 121.80, which appeared in the January 6, 2023, issue of the Texas Register (48 TexReg 9).


Withdrawing amendment to 16 TAC §121.10, which would have removed terms that have been moved to other sections.

CHAPTER 121. BEHAVIOR ANALYST
SUBCHAPTER A. GENERAL PROVISIONS
16 TAC §121.10

OVERVIEW

The Texas Department of Licensing and Regulation withdraws the proposed amendment to §121.10, which appeared in the January 6, 2023, issue of the Texas Register (48 TexReg 9).


Withdrawing amendment to 16 TAC §§121.20 – 121.22, 121.27, 121.30, which created a new subsection regarding educational requirements.

CHAPTER 121. BEHAVIOR ANALYST
SUBCHAPTER B. LICENSING REQUIREMENTS
16 TAC §§121.20 – 121.22, 121.27, 121.30

OVERVIEW

The Texas Department of Licensing and Regulation withdraws the proposed amendment to §§121.20 – 121.22, 121.27, 121.30, which appeared in the January 6, 2023, issue of the Texas Register (48 TexReg 9).


Withdrawing amendment 16 TAC §121.26, which would have added a new subsection to the educational requirements.

CHAPTER 121. BEHAVIOR ANALYST
SUBCHAPTER B. LICENSING REQUIREMENTS
16 TAC §121.26

OVERVIEW

The Texas Department of Licensing and Regulation withdraws proposed new §121.26, which appeared in the January 6, 2023, issue of the Texas Register (48 TexReg 9).


Withdrawing proposed amendments to 16 TAC §§121.70, 121.72 – 121.74, which covered practice responsibilities.

CHAPTER 121. BEHAVIOR ANALYST
SUBCHAPTER D. RESPONSIBILITIES OF LICENSE HOLDERS
16 TAC §§121.70, 121.72 – 121.74

OVERVIEW

The Texas Department of Licensing and Regulation withdraws new §§121.70, 121.72 – 121.74, which appeared in the January 6, 2023, issue of the Texas Register (48 TexReg 9).


Withdrawing proposed amendment to 16 TAC §121.71, §121.75, which would have updated language in the Code of Ethics.

CHAPTER 121. BEHAVIOR ANALYST
SUBCHAPTER D. RESPONSIBILITIES OF LICENSE HOLDERS
16 TAC §121.71, §121.75

OVERVIEW

The Texas Department of Licensing and Regulation withdraws the proposed amendments to §121.71 and §121.75, which appeared in the January 6, 2023, issue of the Texas Register (48 TexReg 9).


Withdrawing proposed new 16 TAC §§121.76 – 121.81, concerning the requirements for telehealth service delivery methods.

CHAPTER 121. BEHAVIOR ANALYST
SUBCHAPTER E. TELEHEALTH
16 TAC §§121.76 – 121.81

OVERVIEW

The Texas Department of Licensing and Regulation withdraws proposed new §§121.76 – 121.81, which appeared in the January 6, 2023, issue of the Texas Register (48 TexReg 9).


Withdrawing proposed new 16 TAC §121.85, which covered fees.

CHAPTER 121. BEHAVIOR ANALYST
SUBCHAPTER F. FEES
16 TAC §121.85

OVERVIEW

The Texas Department of Licensing and Regulation withdraws new §121.85, which appeared in the January 6, 2023, issue of the Texas Register (48 TexReg 9).


Withdrawing amendment to 16 TAC §121.90, §121.95, concerning complaints and disciplinary action.

CHAPTER 121. BEHAVIOR ANALYST
SUBCHAPTER G. ENFORCEMENT
16 TAC §121.90, §121.95

OVERVIEW

The Texas Department of Licensing and Regulation withdraws the proposed amendments to §121.90 and §121.95 which appeared in the January 6, 2023, issue of the Texas Register (48 TexReg 9).