Texas Register Table of Contents
- 1 Texas State Board of Examiners of Psychologists
- 2 Texas State Board of Examiners of Marriage and Family Therapists
- 3 Texas Board of Nursing
- 4 Texas Health and Human Services Commission
- 4.0.1 Adopted Rules Re:
- 4.0.1.1 Amending 26 TAC §550.108, to detail requirements for obtaining temporary change of ownership licenses for prescribed pediatric extended care centers.
- 4.0.1.2 Amending 26 TAC §551.16, to update licensure procedures for owners of an intermediate care facility for individuals with intellectual disabilities or related conditions.
- 4.0.1.3 Amending 26 TAC §551.214, to clarify rules for issuing a temporary change of ownership license in the name of the new owner of an intermediate care facility for individuals with an intellectual disability or related conditions.
- 4.0.1.4 Amending 26 TAC §553.35, concerning temporary change of ownership licenses for assisted living facilities and health inspection of centers while new owner has a temporary change of ownership license.
- 4.0.1.5 Amending 26 TAC §559.16, to update application procedures that reflect the transition from paper applications to the use of an online portal.
- 4.0.2 In Addition Re:
- 4.0.1 Adopted Rules Re:
- 5 Dallam County
Texas State Board of Examiners of Psychologists
Proposed Rules Re:
Repealing 22 TAC §463.35, which relates to Professional Development.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER F. PROFESSIONAL DEVELOPMENT
22 TAC §463.35
OVERVIEW
The Texas Behavioral Health Executive Council proposes the repeal of §463.35, relating to Professional Development.
BACKGROUND AND JUSTIFICATION
This rule is proposed to be repealed and replaced by a new §465.35, pertaining to Requirements for Professional Development, which is formatted similarly to the other Boards under the Executive Counsel.
New 22 TAC §463.35, streamlining all the continuing eduction into a rule that is formatted similarly to other Boards under the Executive Counsel.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER F. PROFESSIONAL DEVELOPMENT
22 TAC §463.35
OVERVIEW
The Texas Behavioral Health Executive Council proposes new §463.35, relating to Requirements for Professional Development.
BACKGROUND AND JUSTIFICATION
This proposed new rule is intended to streamline all the continuing education into a rule formatted similarly to the other Boards under the Executive Counsel. Additionally, this rule adds and changes some of the requirements for each renewal cycle. For example, licensees will be able to carry forward up to ten hours from the previous cycle if they were not used, licensees can opt to take the jurisprudence examination for one hour of ethics credit, and lastly licensees can now claim up to one hour of self-study continuing education credit. Additionally, under this proposed new rule a licensee will be allowed to claim up to 20 hours of professional development credit for providing supervision to supervisees delivering psychological services to individuals residing in a rural mental health discipline Health Professional Shortage Area identified by the U.S. Health Resources & Services Administration.
Withdrawn Rules Re:
Withdrawing the proposed repeal of 22 TAC §463.35, which concerned rules relating to professional development.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER F. PROFESSIONAL DEVELOPMENT
22 TAC §463.35
OVERVIEW
The Texas State Board of Examiners of Psychologists withdraws the proposed repeal §463.35, which appeared in the August 5, 2022, issue of the Texas Register (47 TexReg 4611).
Withdrawing proposed new 22 TAC §463.35, streamlining continued education rules and describing new requirements for each application renewal cycle.
CHAPTER 463. APPLICATIONS AND EXAMINATIONS
SUBCHAPTER F. PROFESSIONAL DEVELOPMENT
22 TAC §463.35
OVERVIEW
The Texas State Board of Examiners of Psychologists withdraws the proposed new §463.35, which appeared in the August 5, 2022, issue of the Texas Register (47 TexReg 4612).
Texas State Board of Examiners of Marriage and Family Therapists
Proposed Rules Re:
Amending 22 TAC §801.143, providing specific details regarding the minimum standards for the forty hours of eduction requirement for supervisor status.
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTS
SUBCHAPTER C. APPLICATIONS AND LICENSING
22 TAC §801.143
OVERVIEW
The Texas Behavioral Health Executive Council proposes amended §801.143, relating to Supervisor Requirements.
BACKGROUND AND JUSTIFICATION
The proposed amendment provides more specific details regarding the minimum standards for the 40 hours of education required to apply for supervisor status.
Texas Board of Nursing
Adopted Rules Re:
Amending 22 TAC §217.2 to provide additional clarity and statutory citations.
CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE
22 TAC §217.2
OVERVIEW
The Board adopts amendments to §217.2, relating to Licensure by Examination for Graduates of Nursing Education Programs Within the United States, its Territories, or Possessions, without changes to the proposed text published in the August 19, 2022, edition of the Texas Register (47 TexReg 4931) and will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments make non-substantive, editorial changes to the section and correct typographical errors.
Adopted §217.1(a)(4) makes editorial changes to the paragraph to more clearly identify the types of programs that the paragraph is referring to. Adopted §217.1(a)(4)(C) corrects an incorrect statutory citation. Adopted §217.1(a)(4)(D) and (E) make editorial changes for additional clarity and better readability within the paragraphs. Finally, adopted §217.1(a)(4)(E)(ii) corrects a punctuation error.
Amending 22 TAC §217.5 to clarify requirements for endorsement applications for nursing education programs.
CHAPTER 217. LICENSURE, PEER ASSISTANCE AND PRACTICE
22 TAC §217.5
OVERVIEW
The Board adopts amendments to §217.5, relating to Temporary License and Endorsement, without changes to the proposed text published in the August 19, 2022, edition of the Texas Register (47 TexReg 4933) and will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments are necessary to clarify the Board’s existing educational requirements for endorsement applicants who graduated from an out of state nursing education program.
Texas Health and Human Services Commission
Adopted Rules Re:
Amending 26 TAC §550.108, to detail requirements for obtaining temporary change of ownership licenses for prescribed pediatric extended care centers.
CHAPTER 550. LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
SUBCHAPTER B. LICENSING APPLICATION, MAINTENANCE, AND FEES
26 TAC §550.108
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §550.108, concerning Change of Ownership License Application Procedures and Issuance and Notice of Changes.
The amendments to §550.108 are adopted without changes to the proposed text as published in the May 20, 2022, issue of the Texas Register (47 TexReg 3018). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments authorize HHSC to issue a temporary change of ownership license in the name of the new owner of a prescribed pediatric extended care center and to complete a health inspection of the center while the new owner holds this temporary change of ownership license. The amendments also authorize HHSC to extend the duration of the temporary change of ownership license to allow HHSC additional time to perform the health inspection of the center.
The amendments also update the licensure process to reflect the transition from paper applications to the use of the online licensure portal called Texas Unified Licensure Information Portal and to describe other processes relating to licensure and change of ownership.
The amendments add provisions to address the process for a license holder to change its name or add an owner with a disclosable interest when the center does not undergo a change of ownership.
In addition, the amendments make non-substantive changes to add clarity; remove redundant language; change the lettering of the subsections to account for the addition of provisions; update rule references in response to the administrative transfer of the chapter from 40 Texas Administrative Code (TAC), Chapter 15, to 26 TAC Chapter 550; reorganize some provisions so that related topics are grouped together to facilitate navigation within the rule; and make edits to improve readability.
CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER B. APPLICATION PROCEDURES
26 TAC §551.16
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §551.16, concerning Change of Ownership and Notice of Changes, and to §551.214(d), concerning Protection of Residents After Report of Abuse, Neglect, and Exploitation, to correct a clerical error in the existing Texas Administrative Code.
The amendments to §551.16 and §551.214(d) are adopted without changes to the proposed text as published in the May 20, 2022, issue of the Texas Register (47 TexReg 3021). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments authorize HHSC to issue a temporary change of ownership license in the name of the new owner of an intermediate care facility for individuals with an intellectual disability or related conditions and to complete a health inspection of the facility while the new owner holds this temporary change of ownership license. The amendments also authorize HHSC to extend the duration of the temporary change of ownership license to allow HHSC additional time to perform the health inspection of the facility.
In addition, the amendments update the licensure process relating to change of ownership and make non-substantive changes to add clarity, improve consistency in the usage of terms, change the lettering of the subsections to account for the addition of provisions, and make edits to improve readability.
CHAPTER 551. INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS
SUBCHAPTER G. ABUSE, NEGLECT, AND EXPLOITATION; COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS
26 TAC §551.214
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §551.16, concerning Change of Ownership and Notice of Changes, and to §551.214(d), concerning Protection of Residents After Report of Abuse, Neglect, and Exploitation, to correct a clerical error in the existing Texas Administrative Code.
The amendments to §551.16 and §551.214(d) are adopted without changes to the proposed text as published in the May 20, 2022, issue of the Texas Register (47 TexReg 3021). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments authorize HHSC to issue a temporary change of ownership license in the name of the new owner of an intermediate care facility for individuals with an intellectual disability or related conditions and to complete a health inspection of the facility while the new owner holds this temporary change of ownership license. The amendments also authorize HHSC to extend the duration of the temporary change of ownership license to allow HHSC additional time to perform the health inspection of the facility.
In addition, the amendments update the licensure process relating to change of ownership and make non-substantive changes to add clarity, improve consistency in the usage of terms, change the lettering of the subsections to account for the addition of provisions, and make edits to improve readability.
Amending 26 TAC §553.35, concerning temporary change of ownership licenses for assisted living facilities and health inspection of centers while new owner has a temporary change of ownership license.
CHAPTER 553. LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
SUBCHAPTER B. LICENSING
26 TAC §553.35
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §553.35, concerning Change of Ownership and Notice of Changes.
The amendments to §553.35 are adopted without changes to the proposed text as published in the May 20, 2022, issue of the Texas Register (47 TexReg 3024). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments authorize HHSC to issue a temporary change of ownership license in the name of the new owner of an assisted living facility (ALF) and to complete a health inspection while the new owner holds this temporary change of ownership license. The amendments also authorize HHSC to extend the duration of the temporary change of ownership license to allow HHSC additional time to perform the health inspection of the ALF.
The amendments allow HHSC, under certain circumstances, to waive the requirement for an applicant to submit a complete application at least 30 days before the anticipated date of the change of ownership.
In addition, the amendments update the licensure process relating to change of ownership and address the process for a license holder to change its name when the facility does not undergo a change of ownership; make non-substantive changes to add clarity, remove redundant language, change the lettering of the subsections to account for the addition of provisions, and reorganize some provisions so that related topics are grouped together to facilitate navigation within the rule; and make edits to improve readability.
Amending 26 TAC §559.16, to update application procedures that reflect the transition from paper applications to the use of an online portal.
CHAPTER 559. DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
SUBCHAPTER B. APPLICATION PROCEDURES
26 TAC §559.16
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §559.16, concerning Change of Ownership and Notice of Changes.
The amendments to §559.16 are adopted without changes to the proposed text as published in the May 20, 2022, issue of the Texas Register (47 Tex Reg 3027). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
The amendments authorize HHSC to issue a temporary change of ownership license in the name of the new owner of a day activity and health service (DAHS) facility and to complete a health inspection of the facility while the new owner holds this temporary change of ownership license. The amendments also authorize HHSC to extend the duration of the temporary change of ownership license to allow HHSC additional time to perform the health inspection of the DAHS facility.
The amendments also update the licensure process to reflect the transition from paper applications to the use of the online licensure portal called the Texas Unified Licensure Information Portal and to clarify other processes relating to licensure and change of ownership.
In addition, the amendments address the process for a license holder to change its name when the facility does not undergo a change of ownership, and make non-substantive changes to add clarity; correct obsolete references from the legacy agency, Department of Aging and Disability Services, to HHSC; update rule references in response to the administrative transfer of the chapter from Texas Administrative Code (TAC), Title 40, Chapter 98, to 26 TAC, Chapter 559; change the lettering of the subsections to account for the addition of provisions; reorganize some provisions so that related topics are grouped together to facilitate navigation within the rule; and make edits to improve readability.
In Addition Re:
Notice of Public Hearing on Proposed Updates to Medicaid Payment Rates
OVERVIEW
The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on November 7, 2022, at 9:00 a.m., to receive public comments on proposed updates to Medicaid payment rates resulting from Calendar Fee Reviews, Medical Policy Reviews, and Healthcare Common Procedure Coding System HCPCS Reviews.
HEARING DETAILS
Due to the declared state of disaster stemming from COVID-19, this hearing will be conducted both in-person and as an online event. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link:
https://attendee.gotowebinar.com/register/8167892973313463051
The hearing will be held in compliance with Texas Human Resources Code §32.0282, which requires public notice of and hearings on proposed Medicaid reimbursements. A recording of the hearing will be archived and can be accessed on demand at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings.
Members of the public may attend the rate hearing in person, which will be held in the Public Hearing Room 125 in the John H Winters Building located at 701 W 51st Street, Austin, Texas or may access a live stream of the meeting at https://www.hhs.texas.gov/about/meetings-events. For the live stream, select the “Winters Live” tab.
PROPOSAL
The effective date of the proposed payment rates for the topics presented during the rate hearing will be as follows:
Effective July 26, 2022:
-HCPCS
–Monkeypox Testing Code 87593
Effective March 1, 2023:
-Calendar Fee Review
–Ambulance Services
–Anesthesia
–Clinical Labs
–Clinical Labs Gapfill
–Enteral Supplies
–Eye and Ocular Adnexa Surgery
–General and Integumentary System Surgery
–Hearing Aids
–Ophthalmological Services
–Orthotic and Prosthetics
–Physician Administered Drugs: NDCX
–Physician Administered Drugs: Non-Oncology
–Physician Administered Drugs: Oncology
–Physician Administered Drugs: Vaccines and Toxoids
–Respiratory Therapists
-HCPCS Review
–Quarter 2 HCPCS Drugs
-Medical Policy Review
–Skin Substitutes Codes
Effective June 1, 2023:
-Calendar fee Review
–Ambulatory Surgical Center/Hopsital Based Ambulatory Surgical Center
–ASC/HASC Non-Medicare Covered Codes
Methodology and Justification. The proposed payment rates were calculated in accordance with Title 1 of the Texas Administrative Code:
Section 355.8001, Reimbursement for Vision Care Services;
Section 355.8021, Reimbursement Methodology for Home Health Services;
Section 355.8023, Reimbursement Methodology for Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS);
Section 355.8061, Reimbursement for Outpatient Hospitals;
Section 355.8085, Reimbursement Methodology for Physicians and Other Practitioners;
Section 355.8089, In-home Respiratory Therapy Services for Ventilator-Dependent Persons;
Section 355.8121, Reimbursement for Ambulatory Surgical Centers;
Section 355.8141, Reimbursement for Hearing Aid Services;
Section 355.8221, Reimbursement Methodology for a Certified Registered Nurse Anesthetist (CRNA) and Anesthesiologists Assistants;
Section 355.8441, Reimbursement Methodologies for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Services, also known as Texas Health Steps (THSteps) and the THSteps Comprehensive Care Program (CCP);
Section 355.8600, Reimbursement Methodology for Ambulance Services; and
Section 355.8610, Reimbursement methodology for Clinical Laboratory Services
COMMENTS
Written comments regarding the proposed payment rates may be submitted in lieu of, or in addition to, oral testimony until 5 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Provider Finance at (512) 730-7475; or by e-mail to PFDAcuteCare@hhs.texas.gov. In addition, written comments may be sent by overnight mail to Texas Health and Human Services Commission, Attention: Provider Finance, Mail Code H-400, North Austin Complex, 4601 Guadalupe St, Austin, Texas 78751.
Dallam County
In Addition Re:
Nursing Home Bed Waiver
OVERVIEW
The Dallam and Hartley Counties Commissioner’s Court is requesting a rural nursing home bed waiver for a 90-bed nursing facility in Dalhart, Texas. The following comments and proposals will be reviewed at the commissioner’s court on September 26, 2022 at 414 Denver Ave #201 Dalhart, Texas 79022 at 11:00 AM. Comments and proposals can be sent prior to the meeting to Judge Wes Ritchey at 414 Denver Ave #301 Dalhart, Texas 79022.
i. Comments on whether a new Medicaid nursing facility should be requested; and
ii. Proposals from persons or entities interested in providing additional Medicaid certified beds in the county, including persons or entities currently operating Medicaid-certified facilities with high occupancy rates.
HHSC, in its sole discretion, may eliminate from participating in the process persons or entities that submit false or fraudulent information.