Texas Register Table of Contents
- 1 Texas Health and Human Services Commission
- 2 Texas Health and Human Services Commission
- 3 Texas Board of Nursing
- 4 Texas Board of Nursing
- 5 Texas Department of State Health Services
- 6 Texas Department of State Health Services
- 7 Texas Department of State Health Services
- 8 Texas Health and Human Services Commission
- 9 Texas Health and Human Services Commission
- 10 Texas Health and Human Services Commission
- 11 Texas Health and Human Services Commission
- 12 Texas Department of State Health Services
- 13 Texas Department of State Health Services
- 14 Texas Department of State Health Services
- 15 Texas Commission on Jail Standards
- 16 Texas Health and Human Services Commission
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- 18
- 19
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Texas Health and Human Services Commission
Proposed Rules
Proposal is to create a Nursing Facility Payment Methodology Advisory Committee
CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICESSUBCHAPTER B. ADVISORY COMMITTEESDIVISION 1. COMMITTEES1 TAC §351.839The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §351.839, concerning Nursing Facility Payment Methodology Advisory Committee.BACKGROUND AND PURPOSEThe Centers for Medicare and Medicaid Services (CMS) is implementing a new payment model for Medicare skilled nursing facilities (SNFs) effective October 1, 2019. Due to changes resulting from this implementation, the data HHSC uses to calculate the current Texas Medicaid reimbursement methodology for multiple state programs will not be accessible through the current federal source after September 30, 2020. HHSC is using this opportunity to consider revisions to the Medicaid nursing facility (NF) payment rate methodology. The purpose of the proposal is to create a Nursing Facility Payment Methodology Advisory Committee (NF-PMAC) to advise HHSC on the establishment and implementation of recommended improvements to the NF payment methodology and other NF reimbursement topics. By establishing the NF-PMAC, HHSC will benefit from stakeholder knowledge and expertise as HHSC considers possible changes to the NF payment methodology.SECTION-BY-SECTION SUMMARYProposed new §351.839 creates the NF-PMAC to advise HHSC on the establishment and implementation of, and to recommend improvements to, the NF payment methodology, and other reimbursement topics. Subsections (a), (b), and (c) describe the statutory authority, purpose, and tasks of the advisory committee. Subsection (d) provides a reporting requirement, specifically that the NF-PMAC file a written report with HHSC’s Executive Commissioner by August 31 of each fiscal year. Subsections (e) and (f) establish open meeting and membership requirements. Subsection (g) describes selection of officers and terms of service. Subsection (h) discusses the training members must complete and subsection (i) provides the date the rule expires, thus abolishing the advisory committee.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER J. PURCHASED HEALTH SERVICESThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §355.8065, concerning Disproportionate Share Hospital Reimbursement Methodology, §355.8066, concerning Hospital-Specific Limit Methodology, and §355.8212, concerning Waiver Payments to Hospitals for Uncompensated Charity Care.BACKGROUND AND PURPOSEThe proposed rule amendments describe new payment caps for the Disproportionate Share Hospital (DSH) and Uncompensated Care (UC) Medicaid supplemental payment programs. When combined, DSH and UC represent almost $5.5 billion in Medicaid payments for Texas hospitals. The programs are meant to reimburse hospitals that provide services to predominantly Medicaid and low- income patients. So, the allocation methodology among such providers should account for the relative amounts of Medicaid and low-income patients served, as well as the overall payments hospitals receive for those patients.In Texas, two payment caps exist for hospitals that participate in DSH and UC. There is a federal payment cap, known as the final hospital specific limit (final HSL), that is described in federal law. There is also a state payment cap, known as the interim hospital specific limit (interim HSL), that HHSC may define. The state payment cap is calculated in the payment year for DSH and UC but the federal payment cap is calculated two years after the payment year using updated data. HHSC linked the interim HSL to the final HSL so that there would be a limited chance that a recoupment would occur after the final HSL was calculated.The federal payment cap has been the subject of ongoing federal litigation for several years. HHSC is monitoring this litigation and continually examines how the Texas payment cap should change in response to the outcome of the federal litigation. That litigation relates to the inclusion of payments from other insurance payors and Medicare when a Medicaid client also has other insurance or Medicare.HHSC reviewed multiple options for the state payment cap. HHSC proposes to implement a full offset methodology for the state payment cap. That means any payment for services provided to a Medicaid client from any source will be included as an offset to all appropriate Medicaid costs.HHSC also seriously considered two other options. HHSC considered an approach where the Texas payment caps would not contain either the costs or payments for a Medicaid client who also has other insurance or Medicare. HHSC also considered capping, in the aggregate, other insurance and Medicare payments at the Medicaid allowable cost. However, HHSC determined that including all Medicaid costs and all third-party payments provides a more appropriate measure of financial need given the purpose of the payment programs at issue. HHSC will consider all comments but is particularly interested in comments on the two other payment cap options discussed above; HHSC may make changes to the rule on adoption based on those comments.
Texas Board of Nursing
Proposed Rules
Proposes amendments to §216.8, concerning Relicensure Process
CHAPTER 216. CONTINUING COMPETENCY22 TAC §216.8The Texas Board of Nursing (Board) proposes amendments to §216.8, concerning Relicensure Process. The amendments make conforming changes to the section for consistency with §216.3, which was amended by the Board and published in the Texas Register on November 15, 2019.The changes to §216.3 were adopted under the authority of the Texas Occupations Code §§301.151, 157.0513 and 301.308, the Texas Health and Safety Code §481.0764 and §481.07635, and House Bills (HB) 2454, 2059, 3285, and 2174, enacted by the 86th Texas Legislature. Those adopted amendments affected §216.3(c) and added new §216.3(i), making the current references in §216.8 inconsistent and outdated. The proposed changes to §216.8 align the section with the provisions of newly amended §216.3.Section by Section Overview. Section 216.8(b) – (e) eliminate the references to §216.3(d) because targeted continuing competency requirements are contained in other subsections of §216.3 and may apply when a nurse seeks reinstatement pursuant to §216.8.
Texas Board of Nursing
Proposed Rules
Proposes an amendment to §217.3, concerning Temporary Authorization to Practice/Temporary Permit
CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE22 TAC §217.3Introduction. The Texas Board of Nursing (Board) proposes an amendment to §217.3, concerning Temporary Authorization to Practice/Temporary Permit. The amendment is necessary to allow temporary authorizations to practice/temporary permits to be re-issued if a nurse is unable to complete the required courses/orientation within a six-month period. Due to scheduling challenges and an individual’s performance pace, it sometimes takes a nurse longer than six months to complete a refresher course, extensive orientation, or academic course. The intent of §217.3 is to provide a mechanism for nurses to demonstrate their competency to return to nursing practice. Since they cannot practice nursing while completing a refresher course, extensive orientation, or academic course, they pose no risk of harm to the public during this time. The amendment merely allows the nurse a sufficient amount of time to re-establish current licensure after demonstrating he/she is safe and competent to do so. There is no cost associated with the issuance of a temporary authorization to practice/temporary permit under this section.Section by Section Overview. Section 217.3 removes the current limitation from the rule that a temporary authorization to practice/temporary permit is unable to be re-issued/renewed. Under the proposal, a temporary authorization to practice/temporary permit may be re-issued/renewed if the nurse is unable to complete a refresher course, extensive orientation, or academic course within a six-month time period in order to grant the nurse additional time to complete the course/orientation.
Texas Department of State Health Services
Proposed Rules
Proposal to clarify various criteria concerning the Texas Conrad 30 J-1 Visa Waiver Program (recruitment of physicians to underserved areas)
CHAPTER 13. HEALTH PLANNING AND RESOURCE DEVELOPMENTSUBCHAPTER A. RECRUITMENT OF PHYSICIANS TO UNDERSERVED AREASThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes amendments to §13.1, concerning Priorities for Waiver Recommendations; and §13.2, concerning Application Fee; and proposes the repeal of §13.3, concerning Other Federal or State Requirements.BACKGROUND AND PURPOSEThe Texas Conrad 30 J-1 Visa Waiver Program recommends up to 30 foreign medical graduates (physicians) each year to receive a waiver of the J-1 visa requirement to return home for two years. In exchange for this waiver, the physician must provide medical care for three years in an underserved area. The rules covering this program describe application prioritization criteria, application fees, and the refund policy for those fees.The purpose of the proposal is to clarify the criteria used to prioritize applications; update references to the website; clarify the application fee process and refund policy; correct a grammatical error; remove an unnecessary section; and serve as the four-year review of rules required by Texas Government Code, §2001.039.
Texas Department of State Health Services
Proposed Rules
Proposes new §§40.1 – 40.8, in new Chapter 40, Epinephrine Auto-Injector and Anaphylaxis Policies, Subchapter A, concerning Epinephrine Auto-Injector Policies in Institutions of Higher Education
CHAPTER 40. EPINEPHRINE AUTO-INJECTOR AND ANAPHYLAXIS POLICIESSUBCHAPTER A. EPINEPHRINE AUTO-INJECTOR POLICIES IN INSTITUTIONS OF HIGHER EDUCATION25 TAC §§40.1 – 40.8The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), proposes new §§40.1 – 40.8, in new Chapter 40, Epinephrine Auto-Injector and Anaphylaxis Policies, Subchapter A, concerning Epinephrine Auto-Injector Policies in Institutions of Higher Education.BACKGROUND AND PURPOSEThe purpose of the proposed new sections is to implement Senate Bill (S.B) 1367, 85th Legislature, Regular Session, 2017, and House Bill (H.B.) 476 and H.B. 4260, 86th Legislature, Regular Session, 2019. S.B. 1367 added Texas Education Code, Chapter 51, Subchapter Y-1, which requires the adoption of rules for the maintenance, administration, and disposal of epinephrine auto-injectors in institutions of higher education who voluntarily adopt epinephrine auto-injector policies. H.B. 476 amended §51.882 of the Texas Education Code to require institutions of higher education who adopt a policy to submit the policy to DSHS. DSHS will maintain a record of the most recent policy and will make the information available upon request. H.B. 4260 added §773.0145 to the Texas Health and Safety Code, which authorizes private or independent institutions of higher education to adopt and implement epinephrine auto-injector policies. H.B. 4260 also allows a physician or person who has been delegated prescriptive authority under Chapter 157, Texas Occupations Code, to prescribe epinephrine auto-injectors in the name of an entity.S.B. 1367 also requires the appointment of an employee of a general teaching institution and an employee of a public junior college or a public technical institute to the DSHS Stock Epinephrine Advisory Committee. The committee is tasked with advising DSHS on the storage and maintenance of epinephrine auto-injectors on campuses of institutions of higher education; the training of personnel and volunteers in the administration of an epinephrine auto-injector; and a plan for one or more personnel members or volunteers trained in the administration of an epinephrine auto-injector to be on each campus.The proposed new rules set the minimum standards for institutions of higher education to follow when adopting an epinephrine auto-injector policy, based on recommendations of the DSHS Stock Epinephrine Advisory Committee. An institution of higher education that voluntarily adopts an unassigned epinephrine auto-injector policy must stock at least one unassigned adult epinephrine auto-injector pack on each campus and conduct individual campus assessments to determine if additional epinephrine auto-injectors are needed. The proposed new rules allow flexibility so that institutions of higher education may develop policies that address issues specific to each campus, including campus geography and student population size. Personnel and volunteers that are trained to administer unassigned epinephrine auto-injectors may administer an epinephrine auto-injector to a person suspected of experiencing anaphylaxis, including students, personnel, volunteers, and visitors. Public institutions of higher education that adopt epinephrine auto-injector policies are required to report the administration of an epinephrine auto-injector to DSHS within 10 business days.
Texas Department of State Health Services
Proposed Rules
Proposes repeal of §§412.151 – 412.154, 412.161 – 412.163, 412.171 – 412.179, 412.191 – 412.195, 412.201 – 412.208, 412.221, and 412.231 – 412.233 in Title 25, Part 1, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge
CHAPTER 412. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIESSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§412.151 – 412.154, 412.161 – 412.163, 412.171 – 412.179, 412.191 – 412.195, 412.201 – 412.208, 412.221, and 412.231 – 412.233 in Title 25, Part 1, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge.BACKGROUND AND PURPOSEAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the Texas Health and Human Services Commission (HHSC) on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. The purpose of the proposal is to repeal the rules in Title 25, Part 1, Chapter 412, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge.New rules in Title 26, Part 1, Chapter 306, Subchapter D, Mental Health Services–Admission, Continuity, and Discharge are proposed elsewhere in this issue of the Texas Register.SECTION-BY-SECTION SUMMARYThe proposed repeal of §§412.151 – 412.154, 412.161 – 412.163, 412.171 – 412.179, 412.191 – 412.195, 412.201 – 412.208, 412.221, and 412.231 – 412.233 deletes the rules no longer necessary for DSHS, because similar content of these rules has been proposed in Title 26, Health and Human Services.
Texas Health and Human Services Commission
Proposed Rules
Proposes new Chapter 306, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge
CHAPTER 306. LOCAL MENTAL HEALTH AUTHORITY RESPONSIBILITIESSUBCHAPTER D. MENTAL HEALTH SERVICES–ADMISSION, CONTINUITY, AND DISCHARGEThe Texas Health and Human Services Commission (HHSC) proposes new Chapter 306, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge. The new subchapter is comprised of Division 1, §§306.151 – 306.154, concerning General Provisions; Division 2, §§306.161 – 306.163, concerning Screening and Assessment for Crisis Services and Admission into Local Mental Health Authority or Local Behavioral Health Authority Services–Local Mental Health Authority or Local Behavioral Health Authority Responsibilities; Division 3, §§306.171 – 306.178, concerning Admission to a State Mental Health Facility or a Facility with a Contracted Psychiatric Bed–Provider Responsibilities; Division 4, §§306.191 – 306.195, concerning Transfers and Changing Local Mental Health Authorities or Local Behavioral Health Authorities; Division 5, §§306.201 – 306.207, concerning Discharge and Absences from a State Mental Health Facility or Facility with a Contracted Psychiatric Bed; and Division 6, §306.221, concerning Training.BACKGROUND AND PURPOSEAs required by Texas Government Code §531.0201(a)(2)(C), client services functions previously performed by the Department of State Health Services (DSHS) were transferred to the Texas Health and Human Services Commission (HHSC) on September 1, 2016, in accordance with Texas Government Code §531.0201 and §531.02011. HHSC proposes these new rules in Title 26, Chapter 306 to address the content of rules in Title 25, Chapter 412, Subchapter D, concerning Mental Health Services–Admission, Continuity, and Discharge. The rules in Chapter 412 are proposed for repeal elsewhere in this issue of the Texas Register. The purpose of these rules is to establish guidelines for admission, transfers, and discharges from state hospitals; admissions, discharges, and transfers for local mental health authorities (LMHAs) and local behavioral health authorities (LBHAs); and continuity of services for persons receiving LMHA or LBHA services and inpatient services at a state mental health facility (SMHF) or a facility with a contracted psychiatric bed (CPB). The proposed rules also implement certain provisions in Senate Bill (S.B.) 562, S.B. 1238, and House Bill 601, 86th Legislature, Regular Session, 2019, that relate to voluntary admission requirements and admission criteria for maximum security units.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONSSUBCHAPTER D. REPORTS AND RECORD KEEPINGThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes in Title 26, Texas Administrative Code, Chapter 748, Minimum Standards for General Residential Operations, the repeal of §748.301, concerning What is a serious incident; new §748.301, concerning What do certain terms mean in this subchapter; amendments to §748.303, concerning When must I report and document a serious incident, and §748.313, concerning What additional documentation must I include with a written serious incident report; and new Division 6, Unauthorized Absences, consisting of new §§748.451, 748.453, 748.455, 748.457, 748.459, 748.461, and 748.463.BACKGROUND AND PURPOSEThe purpose of the proposal is to address the issue of unauthorized absences of children from General Residential Operations (GRO) by requiring GROs to take additional actions when a child leaves the operation without permission (unauthorized absence). Runaways are a national issue, particularly for children in foster care.Current rules require GROs to document when a child is absent and cannot be located for a specified time frame, depending on the age and development level of the child. The proposed repeal, amendments, and new rules include additional requirements, such as: documenting each time a child has an unauthorized absence, regardless of the length of time the child is absent; maintaining an annual log of each unauthorized absence; debriefing the child after each unauthorized absence; conducting a triggered review for each child who has had three unauthorized absences within a 60-day time frame, to examine alternatives and create a written plan to reduce the number of unauthorized absences; and conducting an evaluation, every six months, of the frequency and patterns of unauthorized absences within each GRO.
Texas Health and Human Services Commission
Proposed Rules
CHAPTER 749. MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES SUBCHAPTER D. REPORTS AND RECORD KEEPINGThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the following rulemaking actions in Title 26, Texas Administrative Code, Chapter 749, Minimum Standards for Child-Placing Agencies: the repeal of §749.501, concerning What is a serious incident; new §749.501, concerning What do certain terms mean in this subchapter; amendments to §749.503, concerning When must I report and document a serious incident, and §749.513, concerning What additional documentation must I include with a written serious incident report; and new Division 5, Unauthorized Absences, consisting of new §§749.590 – 749.596.BACKGROUND AND PURPOSEThe purpose of the proposal is to address the issue of unauthorized absences of children placed in foster homes by requiring child-placing agencies (CPAs) to take additional actions when a child leaves a foster home without permission (unauthorized absence). Runaways are a national issue, particularly for children in foster care.Current rules require CPAs to document when a child is absent and cannot be located for a specified time frame, depending on the age and development level of the child. The proposed repeal, amendments, and new rules include additional requirements, such as: documenting each time a child has an unauthorized absence, regardless of the length of time the child is absent; maintaining an annual log of each unauthorized absence; debriefing the child after each unauthorized absence; conducting a triggered review for each child who has had three unauthorized absences within a 60-day time frame, to examine alternatives and create a written plan to reduce the number of unauthorized absences; and conducting an evaluation, every six months, of the frequency and patterns of unauthorized absences from foster homes within each agency.
Texas Health and Human Services Commission
Adopted Rules
Authorizes certain military spouses to engage in a business or occupation in the State of Texas without having a license issued in Texas
CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICESSUBCHAPTER A. GENERAL PROVISIONS1 TAC §351.3The Texas Health and Human Services Commission (HHSC) adopts new §351.3, concerning Recognition of Out-of-State License of Military Spouse. The new §351.3 is adopted with changes to the proposed text as published in the September 6, 2019, issue of the Texas Register (44 TexReg 4787), and will be republished.BACKGROUND AND JUSTIFICATIONThe new section is necessary to comply with Senate Bill (S.B.) 1200, 86th Legislature, Regular Session, 2019, which requires the adoption of rules to implement the legislation.S.B. 1200 amended Texas Occupations Code, Chapter 55, by adding §55.0041 to authorize certain military spouses to engage in a business or occupation in the State of Texas without having a license issued in Texas. The new section requires the military spouse to be currently licensed and in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state. State agencies are directed to adopt rules not later than December 1, 2019.
Texas Department of State Health Services
Adopted Rules
Adopts new §1.81, concerning Recognition of Out-of-State License of Military Spouse
SUBCHAPTER F. LICENSURE EXEMPTIONS25 TAC §1.81The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts new §1.81, concerning Recognition of Out-of-State License of Military Spouse. New §1.81 is adopted with changes to the proposed text as published in the August 30, 2019, issue of the Texas Register (44 TexReg 4657) and will be republished.BACKGROUND AND JUSTIFICATIONThe adopted rule complies with Senate Bill (S.B.) 1200, 86th Legislature, Regular Session, 2019, to implement the legislation.S.B. 1200 amended Texas Occupations Code, Chapter 55, by adding §55.0041 to authorize certain military spouses to engage in a business or occupation in the State of Texas without having a license issued in Texas. The rule requires the military spouse to be currently licensed and in good standing in another jurisdiction that has licensing requirements substantially equivalent to the requirements of a license in this state. State agencies are directed to adopt rules not later than December 1, 2019.
Texas Department of State Health Services
Adopted Rules
Level IV Trauma Designation; coordination of immunization information during a disaster
CHAPTER 157. EMERGENCY MEDICAL CAREThe Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (DSHS), adopts amendments to §157.33, concerning Certification; §157.34, concerning Recertification; and §157.125, concerning Requirements for Trauma Facility Designation. The amendments to §§157.33, 157.34, and 157.125 are adopted without changes to the proposed text as published in the September 20, 2019, issue of the Texas Register (44 TexReg 5361), and therefore will not be republished.BACKGROUND AND JUSTIFICATIONThe amendments are necessary to comply with House Bill (H.B.) 871 and H.B. 1418, 86th Legislature, Regular Session, 2019, which requires HHSC to adopt rules to implement the legislation. H.B. 871 requires adoption of rules not later than December 1, 2019.H.B. 871 amended Texas Health and Safety Code, §773.1151, which authorizes a hospital located in a county with a population of less than 30,000 to utilize telemedicine medical services to comply with the physician requirement for Level IV Trauma Designation. Section 157.125 adds text to comply with this legislation in the basic Level IV trauma facility criteria in the Figure for §157.125(y).H.B. 1418 amended Texas Health and Safety Code, §773.0551, by requiring emergency medical services personnel receive up-to-date information about their immunization status during certification or recertification and also information about certain risks posed when responding to an emergency.During Hurricane Harvey, lack of clarity for first responders concerning their vaccine history caused certain individuals to either duplicate previous vaccinations or be required to wait for vaccinations due to high demand for the vaccines in the disaster-declared region. Sections 157.33(l) and 157.34(d) add the applicant’s immunization history, which require DSHS to provide the emergency medical services personnel their immunization status during certification or recertification. The amendments add that DSHS will provide information about the risks of exposure to certain vaccine preventable diseases when responding to an emergency that an immunization may prevent. The rule references in §157.33 and §157.34 are also revised to reflect the addition of new text.
Texas Department of State Health Services
Adopted Rules
Anatomical gift on behalf of resident of a state-supported living center
CHAPTER 990. ANATOMICAL GIFT26 TAC §990.1The Texas Health and Human Services Commission (HHSC) adopts new §990.1, concerning Anatomical Gift Form. The new §990.1 is adopted without changes to the proposed text as published in the October 4, 2019, issue of the Texas Register (44 TexReg 5757), and therefore will not be republished.BACKGROUND AND JUSTIFICATIONThe new section is necessary to comply with House Bill (H.B.) 2734, 86th Legislature, Regular Session, 2019, which amended Texas Health and Safety Code, Chapter 555 to include §555.027, concerning Anatomical Gift. H.B. 2734 requires HHSC to develop a form that a guardian of a resident may use to notify a state supported living center (SSLC) of the guardian’s election to make an anatomical gift on behalf of the resident in the event of the resident’s death.
Texas Commission on Jail Standards
Adopted Rules
Access to mental health and OBGYN services in county jails
CHAPTER 273. HEALTH SERVICES37 TAC §273.2The Texas Commission on Jail Standards adopts amendments to Texas Administrative Code, Title 37, §273.2, concerning OBGYN care in county jails. Specifically, the Commission amends §273.2(13), concerning access to mental health services in county jails, and adds §273.2(15), concerning jail staff identifying when an inmate is in labor and transporting these inmates to a local hospital. The amendments are adopted with changes to the proposed text as published in the September 20, 2019, issue of the Texas Register (44 TexReg 5381) and will be republished.During the 85th Legislative Session, SB1849 added Government Code §511.009(a)(23), which provided that county jails must give prisoners 24/7 access to mental health services at the jail or via telemental health care. The 86th Legislative Session identified a need to amend this prior law. HB 4468 adds the requirement that jails otherwise give prisoners access to a mental health professional within a reasonable time. HB 1651 amended Government Code §511.009(a)(18)(B) and added (C), requiring the Commission to adopt rules and procedures establishing minimum jail standards for including the provision of obstetrical and gynecological care for pregnant inmates in the jail health services plan, identifying when a pregnant prisoner is in labor, providing appropriate care, and transporting the prisoner to a local hospital.These amendments add language to TAC §273.2(5) that specifies that obstetrical and gynecological care must be included in the medical care already required for pregnant inmates. They further add language to §273.2(13) to require that when mental illness treatment is not available by onsite in-person or telemental healthcare, jails must provide the inmate access to a qualified mental health professional within a reasonable time. Lastly, the new rule adds §273.2(15) to require the Commission to provide procedures to train staff to identify when pregnant inmates are in labor, provide them access to appropriate care, and, under specified conditions, to promptly transport them to a local hospital.
Texas Health and Human Services Commission
In Addition
Public Notice – Texas State Plan for Medical Assistance Amendments Effective January 1, 2020
The Texas Health and Human Services Commission (HHSC) announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments are effective January 1, 2020.The purpose of the amendments is to update the fee schedules in the current state plan by adjusting fees, rates, or charges for the following services:2020 Annual Healthcare Common Procedure Coding System (HCPCS) Updates;Quarterly HCPCS Updates;Ambulance Services;Birthing Center Facility Services;Case Management Services;Certified Pediatric Nurse Practitioners and Certified Family Nurse Practitioners;Certified Registered Nurse Anesthetists and Anesthesiologist Assistants;Clinical Diagnostic Laboratory Services;Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS);Early and Periodic Screening, Diagnosis, and Treatment Services (EPSDT);Family Planning Services;Hearing Aids and Audiometric Evaluations;Home Health Services;Indian Health Services;Licensed Clinical Social Worker Services;Licensed Professional Counselor Services;Licensed Marriage and Family Therapist Services;Physicians and Other Practitioners;Physician Assistants;Rehabilitative Chemical Dependency Treatment Facility Services; andVision Care Services.