Texas Register October 18, 2019 Volume: 44 Number: 42

Texas Health and Human Services Commission

 

Proposed Rules

Add-on Payment Methodology for Home and Community-Based Services Supervised Living and Residential Support Services.

CHAPTER 355. REIMBURSEMENT RATESSUBCHAPTER F. REIMBURSEMENT METHODOLOGY FOR PROGRAMS SERVING PERSONS WITH MENTAL ILLNESS OR INTELLECTUAL OR DEVELOPMENTAL DISABILITY1 TAC §355.727The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §355.727, concerning Add-on Payment Methodology for Home and Community-Based Services Supervised Living and Residential Support Services.BACKGROUND AND PURPOSEThe purpose of the new section is to describe the methodology by which HHSC will temporarily increase the direct care portion of the supervised living and residential support services rates. Such direct care staffing add-on payments are to be used only for attendant compensation.Home and Community-based Services (HCS) providers report being unable to afford wage increases for existing direct care staff or to offer higher starting wages. The HCS attendant compensation rate enhancement program has a maximum of 25 levels. To enable providers to afford the wage increases at the maximum level for direct care staff, HHSC must first increase the rates beyond the historical trend as the current methodology is based on historical costs. The rate increases will be an add-on to the current base rate for the direct care portion of the rate. The proposed methodology will be in effect from January 1, 2020, through August 31, 2021. HHSC assumes the cost data for this time period will support the increased wages for direct care staff.While this temporary add-on payment methodology is in place, HHSC will implement a mandatory spending requirement add-on to ensure that providers spend these funds on direct care staff. While the spending requirement will be similar to the attendant compensation rate enhancement program, it will not supplant it. The attendant compensation rate enhancement will continue to be voluntary for supervised living and residential support services day habilitation, respite, supported employment, and employment assistance.


Texas Department of State Health Services

Proposed Rules

Repeal of 25 TAC, Part 1, Chapter 451 (Peer Assistance)

PEER ASSISTANCE25 TAC §§451.101 – 451.112The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Texas Administrative Code (TAC), Title 25, Part 1, Chapter 451, Peer Assistance, in its entirety, including §451.101, concerning Authority; §451.102, concerning Program Purpose; §451.103, concerning Applicability; §451.104, concerning Relationship to Licensing/Disciplinary Authority; §451.105, concerning Program Requirements; §451.106, concerning Definitions; §451.107, concerning Organization; §451.108, concerning Staffing; §451.109, concerning Program Description; §451.110, concerning Policies and Procedures; §451.111, concerning Referrals to Assessment/Treatment Resources; and §451.112, concerning Certification.BACKGROUND AND PURPOSEThe purpose of the proposal is to repeal 40 TAC Chapter 451, Peer Assistance, in its entirety. New rules in 26 TAC Chapter 8, Peer Assistance for Impaired Professionals, are published elsewhere in this issue of the Texas Register and are substantially similar as the rules proposed for repeal.


Texas Health and Human Services Commission

Proposed Rules

New Chapter 8 (Peer Assistance Programs for Impaired Professionals)

CHAPTER 8. PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS26 TAC §§8.101, 8.103, 8.105, 8.107, 8.109, 8.111, 8.113, 8.115, 8.117, 8.119, 8.121, 8.123, 8.125The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new Chapter 8, Peer Assistance Programs for Impaired Professionals, including new §§8.101, 8.103, 8.105, 8.107, 8.109, 8.111, 8.113, 8.115, 8.117, 8.119, 8.121, 8.123, and 8.125.BACKGROUND AND PURPOSEThe purpose of the proposal is to move the Department of State Health Services (DSHS) rules in 25 TAC Chapter 451 to 26 TAC Chapter 8 as part of consolidating all HHSC rules in TAC Title 26. The proposed new rules are reorganized and updated, but do not make changes from the language currently in 25 TAC Chapter 451 that would result in new or increased requirements for a peer assistance program for impaired professionals or for any associated state licensing authority. The proposed repeal of 25 TAC Chapter 451, Peer Assistance, appears elsewhere in this issue of the Texas Register.


Texas Health and Human Services Commission

Adopted Rules

PURCHASED HEALTH SERVICES – MEDICAID HOSPITAL SERVICES – Local Provider Participation Fund Reporting

PURCHASED HEALTH SERVICESDIVISION 4. MEDICAID HOSPITAL SERVICES1 TAC §355.8068The Texas Health and Human Services Commission (HHSC) adopts new §355.8068, concerning Local Provider Participation Fund Reporting.


Texas Health and Human Services Commission

In Addition

Public Notice – Temporary Assistance for Needy Families (TANF)

Public Notice – Temporary Assistance for Needy FamiliesThe Texas Health and Human Services Commission (HHSC) will post the draft Temporary Assistance for Needy Families (TANF) State Plan on the HHSC Internet website at https://hhs.texas.gov/laws-regulations/reports-presentations for public review by October 18, 2019.Written Comments. Written comments on the draft TANF State Plan may be submitted to Nicole Fillion, AES Program Policy, MC-2115, 909 W. 45th Street, Austin, Texas 78751 or by email to Nicole.Fillion@hhsc.state.tx.us, within 45 days after publication of this proposal in the Texas Register. For additional information or a copy of the TANF State Plan, contact Nicole Fillion at Nicole.Fillion@hhsc.state.tx.us.