Texas Register Table of Contents
- 1 Texas Health and Human Services Commission
- 1.0.1 Proposed Rules Re:
- 1.0.2 Withdrawn Rules Re:
- 1.0.2.1 Withdrawing the proposed amendment to 1 TAC §355.306, §355.314, which concerned the reimbursement methodology for nursing facilities.
- 1.0.2.2 Withdrawing the proposed amendment to 1 TAC §§355.743, 355.746, 355.781, which concerned reimbursement methodology for programs serving persons with mental illness or intellectual or developmental disability.
- 1.0.2.3 Withdrawing the proposed amendment to 1 TAC §355.8421, as they related to the reimbursement methodology for the Early Childhood Intervention Program.
- 1.0.3 Adopted Rules Re:
- 1.0.3.1 Amending 1 TAC §351.3 and new §351.6, to include both military service members and military spouses and to establish alternative licensing for military service members, military spouses, and military veterans.
- 1.0.3.2 Amending 1 TAC §§354.1111, 354.1113, 354.1115, to provide information regarding Medicaid-enrolled ambulances providing medically necessary care or facilitating the appropriate treatment.
- 1.0.4 Proposed Rule Reviews Re:
- 2 Texas Board of Nursing
- 3 Texas Department of State Health Services
- 3.0.1 Adopted Rules Re:
- 3.0.1.1 Amending 25 TAC §1.81, to include the term “military service member” to the title of the rule and to require DSHS to verify the applicant’s license is in good standing within 30-days of the application.
- 3.0.1.2 New 25 TAC §1.91, to explain the standards for DSHS to determine whether another state’s license requirements are substantially equivalent to Texas requirements.
- 3.0.2 Adopted Rule Reviews Re:
- 3.0.3 In Addition Re:
- 3.0.1 Adopted Rules Re:
Texas Health and Human Services Commission
Proposed Rules Re:
Amending 1 TAC §355.7201, to specify that legislatively-required reports are to be collected from hospitals and nursing facilities and to require that these reports be collected on a semi-annual basis instead of a monthly basis.
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER I. REPORTING
1 TAC §355.7201
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §355.7201, concerning Novel Coronavirus (COVID-19) Fund Reporting.
BACKGROUND AND JUSTIFICATION
The proposal is necessary to comply with the 2024-25 General Appropriations Act, House Bill (H.B.) 1, 88th Legislature, Regular Session, 2023 (Article II, HHSC, Rider 150), which requires that HHSC develop a report detailing the total value and uses of COVID-19-related Federal Funds, including Provider Relief Funds, provided directly to nursing facilities and hospitals contracting with HHSC since the beginning of the public health emergency.
The COVID-19 related Federal Funds include funds received under the Coronavirus Aid, Relief, and Economic Security Act, 15 U.S.C. §9001 et seq. (CARES Act); Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (CAA 2021); and the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (ARPA).
SECTION-BY-SECTION SUMMARY
- The proposed amendment to §355.7201(a) updates the requirement to collect and compile legislatively-required reports to be on a semi-annual basis rather than on a monthly basis, and specifies that reports are collected from hospitals and nursing facilities.
- The proposed amendment to §355.7201(b) adds new terms “authorized representative,” “hospital,” and “nursing facility.” The proposed amendment deletes the term “health care institution” because nursing facilities and hospitals will be explicitly enumerated in this section as applicable. The paragraphs are renumbered to account for deletion and addition of definitions and punctuation edits are made for clarity.
- The proposed amendment deletes current §355.7201(c). Nursing facilities and hospitals are the two remaining provider types that will still be subject to the reporting requirement, and this is reflected throughout this section.
- The proposed amendment to current §355.7201(d) renumbers the subsection to subsection (c) and specifies that the reporting requirement applies to hospitals and nursing facilities only.
- The proposed amendment to §355.7201 adds new subsection (d) which describes the option to designate an authorized representative for reporting purposes and the process for documenting the designation with HHSC.
- The proposed amendment to §355.7201 adds new subsection (e) which provides options for reporting in a consolidated or individual manner for institutions depending on whether the facility did or did not receive funding during the reporting period.
- The proposed amendment to current §355.7201(e) renumbers the subsection to subsection (f) and updates the frequency of reporting for health care institutions and the dates reports will be due to HHSC for semi-annual reporting.
- The proposed amendment to current §355.7201(f) renumbers the subsection to subsection (g) and updates when HHSC will submit HHSC’s legislatively-mandated reports based on the compiled reports submitted by the required institutions.
- The proposed amendment to current §355.7201(g) renumbers the subsection to subsection (h) and updates the potential penalties for providers who fail to submit the required reports. The reference to the legislative mandate is updated and examples of other unique identifying numbers are added to paragraph (1). Paragraphs (2), (3) and paragraph (5) are deleted because the penalties described in these paragraphs no longer apply; current paragraph (4) is renumbered to paragraph (2). The subsection is updated to be consistent with other changes in this section.
- The proposed amendment to current §355.7201(h) renumbers the subsection to subsection (i) and updates the date when the reporting requirement ends to August 31, 2025, or as specified by HHSC.
Withdrawn Rules Re:
Withdrawing the proposed amendment to 1 TAC §355.306, §355.314, which concerned the reimbursement methodology for nursing facilities.
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER C. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES
1 TAC §355.306, §355.314
OVERVIEW
The Texas Health and Human Services Commission withdraws proposed amendment to §355.306 and new §355.314 which appeared in the October 20, 2023, issue of the Texas Register (48 TexReg 6065).
Withdrawing the proposed amendment to 1 TAC §§355.743, 355.746, 355.781, which concerned reimbursement methodology for programs serving persons with mental illness or intellectual or developmental disability.
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER F. REIMBURSEMENT METHODOLOGY FOR PROGRAMS SERVING PERSONS WITH MENTAL ILLNESS OR INTELLECTUAL OR DEVELOPMENTAL DISABILITY
1 TAC §§355.743, 355.746, 355.781
OVERVIEW
The Texas Health and Human Services Commission withdraws proposed amended §§355.743, 355.746, and 355.781 which appeared in the October 20, 2023, issue of the Texas Register (48 TexReg 6065).
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER J. PURCHASED HEALTH SERVICES
1 TAC §355.8421
OVERVIEW
The Texas Health and Human Services Commission withdraws proposed amendments to §355.8421 which appeared in the October 20, 2023, issue of the Texas Register (48 TexReg 6065).
Adopted Rules Re:
Amending 1 TAC §351.3 and new §351.6, to include both military service members and military spouses and to establish alternative licensing for military service members, military spouses, and military veterans.
CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
1 TAC §351.3, §351.6
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts an amendment to §351.3, concerning Recognition of Out-of-State License of Military Service Members and Military Spouses, and new §351.6, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans, in Texas Administrative Code Title 1, Chapter 351, Subchapter A. The amendment of §351.3 and new rule §351.6 are adopted with changes to the proposed text as published in the September 29, 2023, issue of the Texas Register (48 TexReg 5596). These rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendment and new rule implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session, 2023, which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. Amended §351.3 allows military service members who are currently licensed in good standing by another jurisdiction to engage in a business or occupation in Texas if the other jurisdiction has licensing requirements substantially equivalent to the requirements for the license in Texas. New §351.6 creates an alternative licensing process for military service members, military spouses, and military veterans. Both rules establish requirements and procedures authorized or required by Texas Occupations Code Chapter 55 and do not modify or alter rights that may be provided under federal law.
Amending 1 TAC §§354.1111, 354.1113, 354.1115, to provide information regarding Medicaid-enrolled ambulances providing medically necessary care or facilitating the appropriate treatment.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER A. PURCHASED HEALTH SERVICES
1 TAC §§354.1111, 354.1113, 354.1115
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) adopts amendments to §354.1111, concerning Definitions; §354.1113, concerning Additional Claim Information Requirements; and §354.1115, concerning Authorized Ambulance Services. Section 354.1111 and §354.1115 are adopted with changes to the proposed text as published in the July 21, 2023, issue of the Texas Register (48 TexReg 3955). These rules will be republished. Section 354.1113 is adopted without changes to the proposed text as published in the July 21, 2023, issue of the Texas Register (48 TexReg 3955). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The purpose of the adoption is to implement legislation related to Medicaid ambulance services as directed by Senate Bill 1, Article II, Rider 42, 87th Legislature, Regular Session, 2021. The adoption implements emergency triage, treat, and transport (ET3) services to allow Medicaid-enrolled ambulance providers to address health care needs assessed as non-emergency, but medically necessary, by initiating and facilitating appropriate treatment in place at the scene; initiating and facilitating appropriate treatment in place via telemedicine or telehealth; and transporting a Medicaid recipient to an alternative non-hospital destination, such as a primary care physician office or an urgent care clinic. The adoption allows ET3 services similar to those put in place with the Centers for Medicare & Medicaid Services’ ET3 Pilot project. The adoption amendments also update and clarify language in the rules.
Proposed Rule Reviews Re:
Reviewing Title 26, Part 1, to consider for readoption, revision, or repeal the chapter pertaining to Denial or Refusal of License.
The Texas Health and Human Services Commission (HHSC) proposes to review and consider for readoption, revision, or repeal the chapter listed below, in its entirety, contained in Title 26, Part 1, of the Texas Administrative Code:
Chapter 560, Denial or Refusal of License
Texas Board of Nursing
Adopted Rules Re:
Amending 22 TAC §§214.2 – 214.10, 214.12, 214.13, to clarify definitions and requirements for nursing education program development.
CHAPTER 214. VOCATIONAL NURSING EDUCATION
22 TAC §§214.2 – 214.10, 214.12, 214.13
OVERVIEW
The Texas Board of Nursing (Board) adopts amendments to 22 Texas Administrative Code §§214.2 – 214.10, 214.12 and 214.13, without changes to the proposed text as published in the June 30, 2023, issue of the Texas Register (48 TexReg 3481). The rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are adopted under the Board’s authority to adopt and enforce rules necessary to regulate the practice of vocational nursing under Occupations Code §301.151(2), and in accordance with the Board’s duty under Occupations Code §301.157(b)(3) to prescribe rules necessary for the conduct of approved schools of nursing and educational programs for vocational nurses. The adopted amendments are necessary to correct outdated references, provide clarifying and editorial changes, and simplify the existing numbering system for the Board’s educational guidelines, contained in Chapter 214, Vocational Nursing Education.
Amending 22 TAC §§215.2 – 215.10, 215.12, 215.13, to address requirements for nursing education program development.
CHAPTER 215. PROFESSIONAL NURSING EDUCATION
22 TAC §§215.2 – 215.10, 215.12, 215.13
OVERVIEW
Introduction. The Texas Board of Nursing (Board) adopts amendments to 22 Texas Administrative Code §§215.2 – 215.10, 215.12 and 215.13, without changes to the adopted text as published in the June 30, 2023, issue of the Texas Register (48 TexReg 3489). The rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are adopted under the Board’s authority to adopt and enforce rules necessary to regulate the practice of professional nursing under Occupations Code §301.151(2), and in accordance with the Board’s duty under Occupations Code §301.157(b)(3) to prescribe rules necessary for the conduct of approved schools of nursing and educational programs for professional nurses. The adopted amendments are necessary to correct outdated references; contain clarifying and editorial changes; and simplify the existing numbering system for the Board’s educational guidelines, contained Professional Nursing Education.
Proposed Rule Reviews Re:
Reviewing Title 22, Part 11, to consider for re-adoption, re-adoption with amendments, or repeal, the chapters pertaining to General Provisions, Licensure, Peer Assistance, and Practice, and Advanced Practice Nurse Education.
In accordance with Government Code §2001.039, the Texas Board of Nursing (Board) files this notice of intention to review and consider for re-adoption, re-adoption with amendments, or repeal, the following chapter contained in Title 22, Part 11, of the Texas Administrative Code, pursuant to the 2022 rule review plan adopted by the Board at its April 2022 meeting.
Chapter 211. General Provisions, §§211.1 – 211.11
Chapter 217. Licensure, Peer Assistance, and Practice §§217.1 – 217.24
Chapter 219. Advanced Practice Nurse Education §§219.1 – 219.13
Texas Department of State Health Services
Adopted Rules Re:
Amending 25 TAC §1.81, to include the term “military service member” to the title of the rule and to require DSHS to verify the applicant’s license is in good standing within 30-days of the application.
CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER F. LICENSURE EXEMPTIONS
25 TAC §1.81
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §1.81, concerning Recognition of Out-of-State License of a Military Service Member and Military Spouse; and new §1.91, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.
The amendment to §1.81 and new §1.91 are adopted with changes to the proposed text as published in the September 29, 2023, issue of the Texas Register (48 TexReg 5617). The rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendment and new rule are adopted to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session, 2023, which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. S.B. 422 allows military service members, military spouses, and military veterans who are currently licensed by another jurisdiction to engage in a business or occupation in Texas and grants the person a verification letter or alternative license after meeting certain conditions to operate for three years. This adoption establishes requirements and procedures authorized by Texas Occupations Code Chapter 55 and does not modify or alter rights that may be provided under federal law.
New 25 TAC §1.91, to explain the standards for DSHS to determine whether another state’s license requirements are substantially equivalent to Texas requirements.
CHAPTER 1. MISCELLANEOUS PROVISIONS
SUBCHAPTER G. ALTERNATIVE LICENSING FOR MILITARY
25 TAC §1.91
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts an amendment to §1.81, concerning Recognition of Out-of-State License of a Military Service Member and Military Spouse; and new §1.91, concerning Alternative Licensing for Military Service Members, Military Spouses, and Military Veterans.
The amendment to §1.81 and new §1.91 are adopted with changes to the proposed text as published in the September 29, 2023, issue of the Texas Register (48 TexReg 5617). The rules will be republished.
BACKGROUND AND JUSTIFICATION
The amendment and new rule are adopted to implement Senate Bill (S.B.) 422, 88th Legislature, Regular Session, 2023, which amended Texas Occupations Code Chapter 55, Licensing of Military Service Members, Military Veterans, and Military Spouses. S.B. 422 allows military service members, military spouses, and military veterans who are currently licensed by another jurisdiction to engage in a business or occupation in Texas and grants the person a verification letter or alternative license after meeting certain conditions to operate for three years. This adoption establishes requirements and procedures authorized by Texas Occupations Code Chapter 55 and does not modify or alter rights that may be provided under federal law.
Adopted Rule Reviews Re:
Adopting the review of Title 25, Part 1, for the chapter pertaining to Occupational Diseases.
The Health and Human Services Commission (HHSC), on behalf of the Texas Department of State Health Services (DSHS), adopts the review of the chapter below in Title 25, Part 1, of the Texas Administrative Code:
Chapter 99, Occupational Diseases
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 6941.