Texas Register May 7, 2021 Volume: 46 Number: 19

Texas Register Table of Contents

Governor

 

Appointments

Governor reappoints two members and appoints two new members to the Texas State Board of Examiners of Professional Counselors

Appointments for April 21 and 22, 2021Appointed to the Texas State Board of Examiners of Professional Counselors, for a term to expire February 1, 2025, Brenda S. Campagnone of San Antonio, Texas (replacing Jodie L. Elder, Ph.D. of Dallas, who resigned).Appointed to the Texas State Board of Examiners of Professional Counselors, for terms to expire February 1, 2027:Carmelia “Lia” Amuna, Ph.D. of Killeen, Texas (replacing Brenda S. Campagnone of San Antonio, whose term expired);Loretta J. Bradley, Ph.D. of Lubbock, Texas (Dr. Bradley is being reappointed);Christopher S. “Chris” Taylor, Ph.D. of Hurst, Texas (Dr. Taylor is being reappointed).


Governor

Appointments

Governor appoints Kenneth “Ken” Johnson to the Texas Board of Nursing

Appointments for April 23, 2021Appointed to the Texas Board of Nursing, for a term to expire January 31, 2027, Kenneth D. “Ken” Johnson of San Angelo, Texas (replacing Diana R. Flores of Helotes, whose term expired).


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §551.47, establishing new requirements for indoor and outdoor visitation at intermediate care facilities

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONSSUBCHAPTER C. STANDARDS FOR LICENSURE26 TAC §551.47OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Part 1, Texas Administrative Code, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability (ICF/IID) or Related Conditions, new §551.47, concerning an emergency rule in response to COVID-19 describing requirements for limited indoor and outdoor visitation in ICF/IID.HHSC is adopting this new emergency rule to require limited indoor and outdoor visitation in an intermediate care facility. The purpose of the new rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034, may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. This emergency rulemaking reflects the continued reopening of the State of Texas. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this Intermediate Care Facility COVID-19 Response–Expansion of Reopening Visitation.


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §553.2003, establishing new requirements for indoor and outdoor visitation at assisted living facilities

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER K. COVID-19 EMERGENCY RULE26 TAC §553.2003OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 553, Licensing Standards for Assisted Living Facilities, Subchapter K, COVID-19 Emergency Rule, new §553.2003, an emergency rule in response to COVID-19 describing requirements for limited indoor and outdoor visitation in a facility.HHSC is adopting this emergency rule to require limited indoor and outdoor visitation in an assisted living facility. The purpose of the new rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing if it finds that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Assisted Living Facility COVID-19 Response–Expansion of Reopening Visitation.


Texas Health and Human Services Commission

Emergency Rule

New 26 TAC §558.950, establishing new requirements for indoor and outdoor visitation at hospice inpatient units

CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESSUBCHAPTER I. RESPONSE TO COVID-19 AND PANDEMIC-LEVEL COMMUNICABLE DISEASE26 TAC §558.950OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 26, Texas Administrative Code, Chapter 558, Licensing Standards for Home and Community Support Services Agencies, Subchapter I, Response to COVID-19 and Pandemic-Level Communicable Disease, new §558.950, concerning an emergency rule in response to COVID-19 describing requirements for limited indoor and outdoor visitation in a hospice inpatient unit. HHSC is adopting this emergency rule to require limited indoor and outdoor visitation in a hospice inpatient unit. The purpose of the new rule is to describe the requirements related to such visits.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of this emergency rule for Hospice Inpatient Units COVID-19 Response–Reopening Visitation.


Texas Department on Aging and Disability Services

Emergency Rule

New 40 TAC §9.198 and §9.199, updating requirements for visitation, essential caregivers, and day habilitation for the Home and Community-Based Services (HCS) program in response to COVID-19

CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.198, §9.199OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 40, Part 1, Texas Administrative Code, Chapter 9, Intellectual Disability Services–Medicaid State Operating Agency Responsibilities, new §9.198 and §9.199, concerning emergency rules in response to COVID-19. HHSC is adopting these emergency rules to reduce the risk of spreading COVID-19 to individuals in the HCS program. The following new rules describe the requirements HCS program providers must immediately put into place and the requirements they must follow for visitation, essential caregivers, and day habilitation: §9.198 (Program Provider Response to COVID-19 Emergency Rule) §9.199 (HCS Provider Response to COVID-19-Expansion of Reopening Visitation)BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governors March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these Emergency Rules for Program Provider Response to COVID-19 and Home and Community-based Services (HCS) Expansion of Reopening Visitation.


Texas Department on Aging and Disability Services

Emergency Rule

Amending 40 TAC §47.25 to allow Primary Home Care, Community Attendant Services, and Family Care Programs to conduct attendant orientation virtually during the COVID-19 pandemic

CHAPTER 47. PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMSSUBCHAPTER C. STAFF REQUIREMENTS 40 TAC §47.25OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 40 Texas Administrative Code, Chapter 47 Primary Home Care, Community Attendant Services, and Family Care Programs, amendments to §47.25, concerning emergency rules in response to COVID-19 in order to reduce the risk of transmission of COVID-19. HHSC is adopting an emergency amendment in §47.25(b)(1)(C) to allow a supervisor to conduct an attendant’s orientation by telephone or videoconferencing at the discretion of the supervisor at any location with or without the participation of the individual receiving attendant services, if the attendant meets one of the requirements described in §47.25(b)(1)(B). BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020 proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these emergency amendments to §47.25, Attendant Orientation, and §47.65, Supervisory Visits to decrease the risk of transmitting COVID-19 by reducing in-person contact.


Texas Department on Aging and Disability Services

Emergency Rule

Amending 40 TAC §47.65 to allow Primary Home Care, Community Attendant Services, and Family Care Program supervisors to conduct virtual supervisory visits during the COVID-19 pandemic

CHAPTER 47. PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMSSUBCHAPTER E. SERVICE REQUIREMENTS40 TAC §47.65OVERVIEWThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 40 Texas Administrative Code, Chapter 47 Primary Home Care, Community Attendant Services, and Family Care Programs, amendments to §47.65, concerning emergency rules in response to COVID-19 in order to reduce the risk of transmission of COVID-19. HHSC is adopting this emergency amendment in §47.65(e) to allow a supervisor to conduct a supervisory visit by telephone, videoconferencing, or in-person at the discretion of the supervisor.BACKGROUND AND JUSTIFICATIONAs authorized by Texas Government Code §2001.034, HHSC may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020 proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these emergency amendments to §47.25, Attendant Orientation, and §47.65, Supervisory Visits to decrease the risk of transmitting COVID-19 by reducing in-person contact.


Texas Health and Human Services Commission

Proposed Rules

Repealing 26 TAC §§555.4, 555.11 – 555.16to eliminate duplicative rules governing Nursing Facility Administrators

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER A. GENERAL INFORMATION / SUBCHAPTER B. REQUIREMENTS FOR LICENSURE26 TAC §§555.4, 555.11 – 555.16OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes the repeal of §§555.4 and 555.11 – 555.16 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed repeal of §555.4 deletes the rule as no longer necessary, because the content of the rule has been updated and re-proposed in §555.3.The proposed repeal of §§555.11 – 555.16 deletes the rules as no longer necessary, because the content of the rules has been updated and re-proposed in new §555.11 – 555.18.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

New 26 TAC §555.3, adding the fee for the National Association of Long-Term Care Administrator Boards (NAB) examination for Nursing Facility Administrators

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER A. GENERAL INFORMATION26 TAC §555.3OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes new §555.3 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.Proposed new §555.3 adds the fee for the National Association of Long-Term Care Administrator Boards (NAB) examination.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

New 26 TAC §555.11, updating Nursing Facility Administrator licensure application requirements

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER B. REQUIREMENTS FOR LICENSURE26 TAC §555.11OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes new §555.11 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.Proposed new §555.11 details NFA licensure application requirements to facilitate the NF.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.

Texas Health and Human Services Commission

Proposed Rules

New 26 TAC §555.12, adding additional requirements for Nursing Facility Administrator licensure

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER B. REQUIREMENTS FOR LICENSURE26 TAC §555.12OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes new §555.12 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.Proposed new §555.12 adds licensure requirements to obtain a license as an NFA.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

New 26 TAC §555.13, requiring that Nursing Facility Administrators complete infection control training and certain additional requirements established by the National Administrators Board

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER B. REQUIREMENTS FOR LICENSURE26 TAC §555.13OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes new §555.13 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.Proposed new §555.13 adds a requirement for an AIT to complete an HHSC course in Infection Control and PPE before obtaining an NFA license, adopts the NAB AIT manual and preceptor training, and adds flexibility with reciprocity.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

New 26 TAC §555.14, updating preceptor requirements for Nursing Facilities seeking to sponsor administrator-in-training

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER B. REQUIREMENTS FOR LICENSURE26 TAC §555.14OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes new §555.14 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.Proposed new §555.14 adds details on preceptor requirements for NF seeking to sponsor administrator-in-training.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

New 26 TAC §555.15, outlining when HHSC may issue a preceptor certification for Nursing Facility Administrators

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER B. REQUIREMENTS FOR LICENSURE26 TAC §555.15OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes new §555.15 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.Proposed new §555.15 gives details of when HHSC may issue a preceptor certification.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

New 26 TAC §555.16, updating preceptor certification renewal requirements for Nursing Facility Administrators

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER B. REQUIREMENTS FOR LICENSURE26 TAC §555.16OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes new §555.16 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.Proposed new §555.16 adds preceptor certification renewal details for licensee seeking to renew a preceptor certification.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

New 26 TAC §555.17, clarifying HHSC’s discretion to approve or deny a Nursing Facility Administrator’s application for preceptor certification

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER B. REQUIREMENTS FOR LICENSURE26 TAC §555.17OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes new §555.17 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.Proposed new §555.17 adds reasons that HHSC may deny an application for preceptor certification or a preceptor certification renewal.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

New 26 TAC §555.18, to establish examination requirements for Nursing Facility Administrators

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER B. REQUIREMENTS FOR LICENSURE26 TAC §555.18OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes new §555.18 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.Proposed new §555.18 requires an applicant seeking license as an NFA from HHSC to pass required examinations for licensure.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §§555.1 – 555.2 to clarify general provisions governing Nursing Facility Administrators

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER A. GENERAL INFORMATION26 TAC §§555.1 – 555.2OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §§555.1, 555.2 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.1 updates language for better readability and understanding.The proposed amendment to §555.2 adds nine new definitions and amends or removes twelve definitions, included in this week’s edition of the Texas Register (46 Tex Reg 2993). BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.31 to shift authority for issuing Nursing Facility Administrator licenses from DADS to HHSC

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.31OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.31 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.31 changes the agency responsible from DADS (Department of Aging and Disability Services) to HHSC as the issuer of a license certificate to an applicant and adds details regarding criminal history during initial license.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.32 to shift authority for issuing provisional Nursing Facility Administrator licenses from DADS to HHSC

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.32OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.32 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.32 replaces DADS with HHSC as the issuer of a provisional license to an applicant currently licensed or registered as a NFA.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.33 to shift authority for issuing a duplicate Nursing Facility Administrator license from DADS to HHSC

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.33OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.33 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.33 replaces DADS with HHSC as the agency to replace a duplicate license for licensee.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.34 to shift responsibility for communication with Nursing Facility Administrators from DADS to HHSC

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.34OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.34 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.34 changes the agency responsible from DADS to HHSC regarding notifying a licensee of the license expiration date and renewal requirements at least 31 days before the license expires.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.35 to require that Nursing Facility Administrators complete infection control training as a condition of license renewal

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.35OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.35 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.35 requires a licensee to complete HHSC Continuing Education Units that cover infection control license renewal.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.36 to clarify steps for Nursing Facility Administrators to complete late license renewal applications

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.36OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.36 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.36 clarifies details for completing a late license renewal application.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.37 to shift discretion for denying a Nursing Facility Administrator application from DADS to HHSC

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.37OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.37 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.37 changes the agency responsible from DADS to HHSC updates details regarding denying an application for license renewal.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.38 to clarify the procedure by which a Nursing Facility Administrator license may be deemed inactive

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.38OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.38 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.38 clarifies details for how a licensee may place a license in a formal inactive status with HHSC for up to two renewal periods.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.39 to clarify the procedure by which a Nursing Facility Administrator may voluntarily surrender a license

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.39OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.39 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.39 changes the agency responsible from DADS to HHSC.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.40 to clarify how a Nursing Facility Administrator may waive the examination requirement for licensure

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.40OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.40 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.40 changes the agency responsible from DADS to HHSC and adds details on obtaining a new license without taking the examination required by §555.18 of this chapter.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.41 to restrict Nursing Facility Administrator licensure for persons convicted of certain crimes

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.41OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.41 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.41 denies an initial or renewal application for licensure for applicant or licensee convicted of a crime related to their duties.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.42 to update the timeline for a Nursing Facility Administrator to renew a license

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER C. LICENSES26 TAC §555.42OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.42 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.42 allows applicants to request additional time to complete license renewal requirements. An administrator must submit a written request for additional time to HHSC before the expiration date of the administrator’s license and must include with the request documentation of the administrator’s status as a military service member. Documentation as a military service member that is acceptable to HHSC includes a copy of a current military service order issued to the administrator by the armed forces of the United States, the State of Texas, or another state. The proposed amendment also recognizes an out-of-state license for a military spouse.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.51 to shift authority for receiving and investigating Nursing Facility Administrator complaints from DADS to HHSC

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER D. REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS26 TAC §555.51OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.51 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.51 changes the agency responsible from DADS to HHSC and updates details for the procedure to receive and investigate referrals and complaints.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.52 to shift authority for initiating administrative proceedings against Nurse Facility Administrators from DADS to HHSC

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER D. REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS26 TAC §555.52OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.52 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.52 changes the agency responsible from DADS to HHSC and adds details on informal reviews for HHSC to initiate proceedings.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.53 to shift authority for conducting formal hearings of Nursing Facility Administrators from DADS to HHSC

Proposed Rules

Amending 26 TAC §555.54 to shift authority for sanctioning Nurse Facility Administrators’ statutory violations from DADS to HHSC

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER D. REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS26 TAC §555.54OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.54 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.54 changes the agency responsible from DADS to HHSC and adds that HHSC may impose a sanction against a licensee on proof of any of the ground rule or statutory violations.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.55 to shift authority for sanctioning Nurse Facility Administrators’ ethical violations from DADS to HHSC

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER D. REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS26 TAC §555.55OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.55 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.55 changes the agency responsible from DADS to HHSC and adds that HHSC may impose a sanction against a licensee for violations of the NFA Standards of Conduct.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.56 to clarify requirements for a Nurse Facility Administrator with an expired license

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER D. REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS26 TAC §555.56OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.56 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.56 changes the agency responsible from DADS to HHSC and adds that a person with expired license must return the license certificate to HHSC within ten (10) days of expiration.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Proposed Rules

Amending 26 TAC §555.57 to clarify that HHSC may impose sanctions against a Nurse Facility Administrator for violations of Subchapter D

CHAPTER 555. NURSING FACILITY ADMINISTRATORSSUBCHAPTER D. REFERRALS, COMPLAINT PROCEDURES, AND SANCTIONS26 TAC §555.57OVERVIEWThe Texas Health and Human Services Commission (HHSC) proposes amendments to §555.57 in Title 26, Part 1, Chapter 555, concerning Nursing Facility Administrators.The proposed amendment to §555.57 changes the agency responsible from DADS to HHSC and adds that HHSC may impose one or more sanctions against a licensee for a violation of this subchapter.BACKGROUND AND JUSTIFICATION This proposal will amend existing, add new, and repeal portions of the nursing facility administrators (NFA) licensure requirements to correspond with the Nursing Administrators Board (NAB) requirements, including reciprocity. This includes adopting the NAB Administrator-in-Training (AIT) manual and preceptor training, and becoming more flexible with reciprocity, such as license by endorsement and accepting internships or AIT completed in other states or a NAB accredited program.NFAs will be able to take required training, to become or maintain certification as a preceptor, at their convenience and via computer-based training (CBT) instead of having to travel to an in-person training location. The in-person training is currently held twice a year. On-demand CBT will allow Preceptors to complete the training at a time that works for them and without incurring travel costs. Allowing reciprocity for an individual credentialed as a Health Services Executive (HSE) will also streamline the process for obtaining credentialing as an NFA.Due to the challenges presented by the COVID-19 pandemic and the need for greater awareness and emphasis on infection control and personal protective equipment (PPE), HHSC is also proposing that nursing facility (NF) providers increase infection control training and continuing education requirements for NFAs.


Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing 26 TAC §551.47, which allowed limited indoor and outdoor visitation at intermediate care facilities

CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONSSUBCHAPTER C. STANDARDS FOR LICENSURE26 TAC §551.47The Health and Human Services Commission withdraws the emergency adoption of the new §551.47, which appeared in the April 9, 2021, issue of the Texas Register (46 TexReg 2281).


Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing 26 TAC §553.2003, which allowed limited indoor and outdoor visitation at assisted living facilities

CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIESSUBCHAPTER K. COVID-19 EMERGENCY RULE26 TAC §553.2003The Health and Human Services Commission withdraws the emergency adoption of the new §553.2003, which appeared in the April 9, 2021, issue of the Texas Register (46 TexReg 2287).


Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing 26 TAC §554.2803, which allowed limited indoor and outdoor visitation at certain nursing facilities

CHAPTER 554. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATIONSUBCHAPTER CC. COVID-19 EMERGENCY RULE26 TAC §554.2803The Health and Human Services Commission withdraws the emergency adoption of new §554.2803, which appeared in the April 2, 2021, issue of the Texas Register (46 TexReg 2118).


Texas Health and Human Services Commission

Withdrawn Rule

Withdrawing 26 TAC §558.950, which allowed limited indoor and outdoor visitation at hospice inpatient units

CHAPTER 558. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIESSUBCHAPTER I. RESPONSE TO COVID-19 AND PANDEMIC-LEVEL COMMUNICABLE DISEASE26 TAC §558.950The Health and Human Services Commission withdraws the emergency adoption of the new §558.950, which appeared in the April 16, 2021, issue of the Texas Register (46 TexReg 2521).


Texas Department on Aging and Disability Services

Withdrawn Rule

Withdrawing 40 TAC §9.198 and §9.199, which established requirements related to visitation, personnel, and day habilitation for the Community-Based Services (HCS) program

CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.198, §9.199The Department of Aging and Disability Services withdraws the emergency adoption of new §9.198 and $9.199 which appeared in the April 2, 2021, issue of the Texas Register (46 TexReg 2122).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medicaid Biennial Calendar Fee Review

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 25, 2021, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Medicaid Biennial Calendar Fee Review.The payment rates for the Medicaid Biennial Calendar Fee Review are proposed to be effective September 1, 2021, for eighteen different services, listed in this week’s edition of the Texas Register (46 Tex Reg 3057). A briefing packet describing the proposed payment rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after May 11, 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 PFDAcuteCare@hhs.texas.gov.HEARING DETAILSDue to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Instructions for registering are included in this week’s edition of the Texas Register (46 Tex Reg 3057). 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 to HHSC through one of several addresses listed in this week’s edition of the Texas Register (46 Tex Reg 3057).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medicaid Biennial Calendar Fee Review of Indian Health Services

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 25, 2021, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Medicaid Biennial Calendar Fee Review of Indian Health Services.A briefing packet describing the proposed payment rates will be available at https://rad.hhs.texas.gov/rate-packets on or after May 11, 2021. Interested parties may obtain a copy of the briefing packet before the hearing 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.HEARING DETAILSDue to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Instructions for registering are included in this week’s edition of the Texas Register (46 Tex Reg 3058). 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 to HHSC through one of several addresses listed in this week’s edition of the Texas Register (46 Tex Reg 3058).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Allergy Testing

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 25, 2021, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Allergy Testing.A briefing packet describing the proposed payments rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after May 11, 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 PFDAcuteCare@hhs.texas.gov.HEARING DETAILSDue to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Instructions for registering are included in this week’s edition of the Texas Register (46 Tex Reg 3058). 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 to HHSC through one of several addresses listed in this week’s edition of the Texas Register (46 Tex Reg 3058).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Cervical Disc Replacement

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 25, 2021, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Cervical Disc Replacement.A briefing packet describing the proposed payment rates will be available at https://rad.hhs.texas.gov/rate-packets on or after May 11, 2021. Interested parties may obtain a copy of the briefing packet before the hearing 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.HEARING DETAILSDue to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Instructions for registering are included in this week’s edition of the Texas Register (46 Tex Reg 3059). 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 to HHSC through one of several addresses listed in this week’s edition of the Texas Register (46 Tex Reg 3059).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Cytogenic Constitutional (Genome-wide) Microarray Analysis

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 25, 2021, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Cytogenic Constitutional (Genome-wide) Microarray Analysis.A briefing packet describing the proposed payment rates will be available at https://rad.hhs.texas.gov/rate-packets on or after May 11, 2021. Interested parties may obtain a copy of the briefing packet before the hearing 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.HEARING DETAILSDue to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Instructions for registering are included in this week’s edition of the Texas Register (46 Tex Reg 3059). 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 to HHSC through one of several addresses listed in this week’s edition of the Texas Register (46 Tex Reg 3059).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Diabetic Equipment and Supplies

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 25, 2021, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Diabetic Equipment and Supplies.A briefing packet describing the proposed payments rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after May 11, 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 PFDAcuteCare@hhs.texas.gov.HEARING DETAILSDue to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Instructions for registering are included in this week’s edition of the Texas Register (46 Tex Reg 3060). 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 to HHSC through one of several addresses listed in this week’s edition of the Texas Register (46 Tex Reg 3060).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Hepatitis B Vaccine

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 25, 2021, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Hepatitis B Vaccine.A briefing packet describing the proposed payments rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after May 11, 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 PFDAcuteCare@hhs.texas.gov.HEARING DETAILSDue to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Instructions for registering are included in this week’s edition of the Texas Register (46 Tex Reg 3061). 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 to HHSC through one of several addresses listed in this week’s edition of the Texas Register (46 Tex Reg 3061).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Prostate Surgeries

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 25, 2021, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Prostate Surgeries.A briefing packet describing the proposed payment rates will be available at https://rad.hhs.texas.gov/rate-packets on or after May 11, 2021. Interested parties may obtain a copy of the briefing packet before the hearing 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.HEARING DETAILSDue to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Instructions for registering are included in this week’s edition of the Texas Register (46 Tex Reg 3061). 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 to HHSC through one of several addresses listed in this week’s edition of the Texas Register (46 Tex Reg 3061).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Subcutaneous Implantable Cardioverter Defibrillator

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 25, 2021, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of Subcutaneous Implantable Cardioverter Defibrillator (S-ICD).HEARING DETAILSDue to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Instructions for registering are included in this week’s edition of the Texas Register (46 Tex Reg 3062). 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 to HHSC through one of several addresses listed in this week’s edition of the Texas Register (46 Tex Reg 3062).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Medical Policy Review of Transverse Abdominis Plane (TAP) Blocks

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 25, 2021, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Medical Policy Review of TAP Blocks.A briefing packet describing the proposed payment rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after May 11, 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 PFDAcuteCare@hhs.texas.gov.HEARING DETAILSDue to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Instructions for registering are included in this week’s edition of the Texas Register (46 Tex Reg 3062). 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 to HHSC through one of several addresses listed in this week’s edition of the Texas Register (46 Tex Reg 3062).


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Proposed Medicaid Payment Rates for the Review of Healthcare Common Procedure Coding System (HCPCS) Updates

OVERVIEWThe Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 25, 2021, at 9:00 a.m., to receive comment on proposed Medicaid payment rates for the Quarterly HCPCS Updates.A briefing packet describing the proposed payment rates will be made available at https://rad.hhs.texas.gov/rate-packets on or after May 11, 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 PFDAcuteCare@hhs.texas.gov.HEARING DETAILSDue to the declared state of disaster stemming from COVID-19, this hearing will be conducted online only. Instructions for registering are included in this week’s edition of the Texas Register (46 Tex Reg 3063). 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 to HHSC through one of several addresses listed in this week’s edition of the Texas Register (46 Tex Reg 3063).


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