Texas Register October 25, 2019 Volume: 44 Number: 43

Texas Board of Physical Therapy Examiners

 

Adopted Rules

Provision of Services: Requirements to treat a patient without a referral from a qualified healthcare practitioner

CHAPTER 322. PRACTICE22 TAC §322.1The Texas Board of Physical Therapy Examiners adopts the amendment to §322.1, Provision of Services, pursuant to HB 29 amendments to Sec. 453.301, Occupations Code during the 86th Legislative Session.The amendment is adopted with changes to the proposed text as published in the September 06, 2019, issue of the Texas Register (44 TexReg 4840) as clarification of statute from comments received, and the rule will be republished.The amendment is adopted in order to delineate the qualifications beyond licensure, additional requirements, and limitations for a physical therapist to treat a patient without a referral from a qualified healthcare practitioner.


Texas Board of Physical Therapy Examiners

Adopted Rules

Licensing Procedure: Recognition of out-of-state license of military spouse

CHAPTER 329. LICENSING PROCEDURE22 TAC §329.6, §329.7The Texas Board of Physical Therapy Examiners adopts the amendments to §329.6, Licensure by Endorsement and §329.7, Exemptions from Licensure pursuant to SB 1200 addition of Sec. 55.0041, RECOGNITION OF OUT-OF-STATE LICENSE OF MILITARY SPOUSE to Chapter 55, Occupations Code during the 86th Legislative Session.The amendment is adopted with changes to the proposed text as published in the September 06, 2019, issue of the Texas Register (44 TexReg 4841) to correct a citation and formatting in §329.7(c); therefore, the rule will be republished.The amendments are adopted in order to authorize a military spouse to engage in the practice of physical therapy without obtaining a license as a physical therapist or physical therapist assistant if the spouse is currently licensed in good standing by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the licensure in this state and the military service member to who the military spouse is married is stationed at a military installation in this state.The amendments clarify that a military spouse may qualify to practice under the exemptions set forth in §329.7, Exemptions from Licensure, and may qualify, along with veterans, for a Compact privilege to practice in this state. The reporting requirements for both the military spouse and the agency and the time limit for authorization are delineated. Additionally, the method for determining substantial equivalent licensing requirements and verification of licensure in another jurisdiction are identified. The requirements for the licensee to provide a list of the jurisdictions in which a license is or has been held, and for the licensee to comply with the laws and regulations of physical therapy are added to apply to all categories of licensure exemption in this section. 


Texas Board of Physical Therapy Examiners

Adopted Rules

License Renewal and Restoration: Default on student loan removed as a restriction on licensure

CHAPTER 341. LICENSE RENEWAL22 TAC §341.7The Texas Board of Physical Therapy Examiners adopts the amendment to §341.7. Restrictions on License Renewal and Restoration pursuant to SB 37 amendments to CHAPTER 56. ACTION AGAINST RECIPIENTS OF STUDENT FINANCIAL ASSISTANCE, Occupations Code during the 86th Legislative Session.The amendment is adopted without changes to the proposed text as published in the September 6, 2019, issue of the Texas Register (44 TexReg 4843); therefore, the rule will not be republished.The amendment is adopted in order to eliminate default on a student loan as a restriction for obtaining, renewing, or restoring a physical therapy license.


Texas Health and Human Services Commission

In Addition

Notice of Public Hearing on Medicaid Payment Rates for Home and Community-Based Services

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 4, 2019, at 10:00 a.m., to receive comment on proposed Medicaid payment rates for the Home and Community-based Services (HCS) Supervised Living and Residential Support Services (SL/RSS). The proposed rates will be effective on January 1, 2020.The public hearing will be held in HHSC’s Public Hearing Room at the Robert D. Moreton Building, 1100 W. 49th Street, Austin, TX 78751. Entry is through security at the main entrance to the building facing 49th Street. Free parking is available in the adjacent parking garage. HHSC will broadcast the public hearing. Persons watching remotely can submit written comments. The broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings, and will be archived for access on demand at the same website. The public hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements.Proposal. HHSC proposes to temporarily increase the direct care portion of the payment rates for HCS SL/RSS. HCS providers report being unable to afford wage increases for existing direct care staff or to offer higher starting wages. The rate increases will be an add-on to the current base rate for the direct care portion of the rate to enable providers to pay higher wages for their direct care staff. The proposed methodology will be in effect from January 1, 2020, through August 31, 2021.Methodology and Justification. Proposed new §355.727, concerning Add-on Payment Methodology for Home and Community-Based Services Supervised Living and Residential Support Services, describes the methodology for an add-on payment that will temporarily increase the direct care portion of the HCS SL/RSS rates. While this temporary add-on payment methodology is in place, HHSC will implement a mandatory spending requirement to ensure that providers spend these funds on direct care staff. 


Texas Health and Human Services Commission

In Addition

Public Notice – Texas State Plan for Medical Assistance Amendments Effective November 1, 2019

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 November 1, 2019.The purpose of the amendments is to update the fee schedules in the current state plan by adjusting fees, rates, or charges. The following pages of the state plan are proposed to be updated:Physicians and Other Practitioners;Early and Periodic Screening, Diagnosis and Treatment (EPSDT);Chemical Dependency Treatment Facility (CDTF); andClinical Diagnostic Laboratory Services.The proposed amendments are estimated to result in an annual aggregate expenditure of $699,090 for federal fiscal year (FFY) 2020, consisting of $425,676 in federal funds and $273,414 in state general revenue. For FFY 2021, the estimated annual aggregate expenditure is $771,718, consisting of $476,999 in federal funds and $294,719 in state general revenue. For FFY 2022, the estimated annual aggregate expenditure is $780,882, consisting of $482,663 in federal funds and $298,219 in state general revenue.