1. Welcome and Opening Remarks
a. Call to order b. Roll call c. Explanation of proceedings using Microsoft Teams live event d. Executive Commissioner's welcome and remarks e. Department of State Health Services Commissioner's remarks f. Inspector General's Quarterly Report
Exceptional Item Request Development, Legislative Appropriations Request Timeline, and Stakeholder Feedback Requests*
a. Administrative Procedures Act (APA) public comment period has closed
i. Texas Health and Human Services Commission (HHSC) proposes amendments to rules in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter A, §355.108 and §355.109, concerning Updates to Inflation and Cost Adjustment Methods ii. HHSC proposes an amendment to a rule in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter O, §353.1305, concerning Uniform Hospital Rate Increase Program iii. Department of State Health Services (DSHS) proposes the repeal of rules and new rules in TAC, Title 25, Part 1, Chapter 157, Emergency Medical Care, Subchapter G, §§157.122, 157.132, and 157.133, concerning Stroke Facility Designation and Trauma Service Areas iv. DSHS proposes amendments to rules in TAC, Title 25, Part 1, Chapter 289, Radiation Control, Subchapter F, §§289.252, 289.256, and 289.257, concerning Licensing, Medical and Veterinary Use, and Packaging and Transportation of Radioactive Material v. HHSC proposes the repeal of rules in TAC, Title 25, Part 1, Chapter 417, Agency and Facility Responsibilities, Subchapter C, §§417.101 -417.110, and Title 40, Part 1, Chapter 7, DADS Administrative Responsibilities, Subchapter C, §§7.101 - 7.110, and new rules in Title 26, Part 1, Chapter 910, Charges for Services in State Facilities, §§910.1 - 910.10, concerning Charges for Services in State Facilities vi. HHSC proposes a new rule in TAC, Title 26, Part 1, Chapter 556, Nurse Aides, §556.100, concerning Nurse Aide Transition from Temporary Status to Permanent Rule vii. HHSC proposes amendments to rules and new rules in TAC, Title 25, Part 1, Chapter 117, End Stage Renal Disease, Subchapter D, §117.49, Chapter 133, Hospital Licensing, Subchapter C, §133.45, Chapter 135, Ambulatory Surgical Centers, Subchapter A, §135.30, Chapter 137, Birthing Centers, Subchapter D, §137.55, Chapter 139, Abortion Facility Reporting and Licensing, Subchapter D, §139.60, Chapter 140, Health Professions Regulation, Subchapter I, §140.435, Chapter 229, Food and Drug, Subchapter J, §229.144, and Chapter 448, Standard of Care, Subchapter I, §448.912, and an amendment to a rule and new rules in Title 26, Part 1, Chapter 506, Special Care Facilities, Subchapter C, §506.38, Chapter 509 Freestanding Emergency Medical Care Facilities, Subchapter C, §509.68, and Chapter 510, Private Psychiatric Hospitals and Crisis Stabilization Units, Subchapter C, §510.44, concerning Human Trafficking Signage Requirements and Prohibiting Organ Transplant Recipient Discrimination viii. HHSC proposes amendments to rules in TAC, Title 25, Part 1, Chapter 448, Standards of Care, Subchapters D, H, and I, §§448.401,448.801, 448.803, and 448.911, concerning Chemical Dependency Treatment Facility Satellite Office Exemption and Telehealth Service Delivery
b. Submitted to the Texas Register - APA public comment period has not closed
i. DSHS proposes new rules in TAC, Title 25, Part 1, Chapter 229, Food and Drug, Subchapter A, §§229.1 - 229.4, concerning Prescription Drug Price Disclosure ii. DSHS proposes an amendment to a rule in TAC, Title 25, Part 1, Chapter 97, Communicable Diseases, Subchapter A, §97.7, concerning COVID-19 School Exclusion Criteria iii. HHSC proposes an amendment to a rule in TAC, Title 26, Part 1, Chapter 558, Licensing Standards for Home and Community Support Services Agencies, Subchapter C, Division 4, §558.303, and proposes new rules in Chapter 570, Long-Term Provider Rules During a Contagious Disease Outbreak, Epidemic, or Pandemic, concerning Long-Term Care Provider Rules During a Contagious Disease Outbreak, Epidemic, or Pandemic iv. HHSC proposes amendments to rules in TAC, Title 26, Part 1, Chapter 745, Licensing, Subchapter N,§§745.8913, 745.8933, 745.9025 - 746.9027, and 745.9030, concerning Alternative Administrator's Licenses for Military Members, Spouses, and Veterans
c. Not yet submitted to the Texas Register for APA public comment
i. HHSC proposes amendments to rules, new rules, and the repeal of rules in TAC, Title 26, Part 1, Chapter 748, Minimum Standards for General Residential Operations, concerning the Comprehensive Rule Review for Chapter 748 ii. HHSC proposes amendments to rules, new rules, and the repeal of rules in TAC, Title 26, Part 1, Chapter 749, Minimum Standards for Child-Placing Agencies, concerning the Comprehensive Rule Review for Chapter 749 iii. HHSC proposes the repeal of rules in TAC, Title 40, Part 1, Chapter 93, Employee Misconduct Registry, §§93.1 - 93.9, and new rules in Title 26, Part 1, Chapter 561, Employee Misconduct Registry, §§561.1 - 561.9, concerning Employee Misconduct Registry iv. HHSC proposes amendments to rules and the repeal of rules in TAC, Title 26, Part 1, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions, concerning Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions Legislative Implementation and Updates v. HHSC proposes the amendment to a rule in TAC, Title 1, Part 15, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Division 1, §351.805, concerning the State Medicaid Managed Care Advisory Committee vi. HHSC proposes the repeal of rules in TAC, Title 40, Part 2, Chapter 101, Administrative Rules and Procedures, Subchapter C, Division 3, a new rule in Title 15, Part 1, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Division 1, §351.843, and amendments to rules in Title 26, Part 1, Chapter 350, Early Childhood Intervention Services, concerning Early Childhood Intervention
4. State Medicaid Managed Care Advisory Committee Recommendations*
State Medicaid Managed Care Advisory Committee Recommendations*
5. Recent Rule Adoptions - Information item not for discussion a. Adoptions submitted to the Texas Register that are not yet effective i. Repeal of Obsolete Contracting Ethics Rules, published 11/19/21, effective 11/22/21 ii. Vital Statistics Process for Fee Waivers, Death Certificate for Religious Purposes, and Death Certificate Amendments, published 11/19/21, effective 11/24/21 iii. Uncompensated Care Program Application Fee, published 11/19/21, effective 11/28/21 b. Adoptions that are effective i. Preadmission Screening and Resident Review, effective 9/1/21 https://www.sos.texas.gov/texreg/archive/August272021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.htrm ii. Coordination of Care from Specialty Providers, effective 9/1/21 https://www.sos.texas.gOv/texreg/archive/August272021/Adopted%20Rules/l.ADMINISTRATION.html#93 iii. Inpatient Hospital Reimbursement, effective 9/20/21 https://www.sos.texas.gOv/texreg/archive/Septemberl72021/Adopted%20Rmes/l.ADMINISTRATION.html#131 iv. Hospital Augmented Reimbursement Program, effective 9/29/21 https://www.sos.texas.gOv/texreg/archive/September242021/Adopted%20Rmes/l.ADMINISTRATION.html#96 v. e-Health Advisory Committee, effective 10/6/21 https://www.sos.texas.gOv/texreg/archive/Octoberl2021/Adopted%20Rules/l.ADMINISTRATION.html#74 vi. Pediatric Long-term Care Facility Reimbursement, effective 10/19/21 https://www.sos.texas.gOv/texreg/archive/Octoberl52021/Adopted%20Rules/l.ADMINISTRATION.html#45 vii. Home and Community-based Services Waiver Add-on Payment Extension, effective 10/24/21 https://www.sos.texas.gov/texreg/archive/October22202 l/Adopted%20Rules/l. ADMINISTRATION.html#91 viii. Outpatient Hospital Reimbursement, effective 10/24/21, https://www.sos.texas.gOv/texreg/archive/October222021/Adopted%20Rules/l.ADMINISTRATION.html#93 ix. Epinephrine Auto-Injector Rules for Child Care, effective 10/25/21 https://ww.sos.texas.gov/texreg/archive/October2220 x. Medicaid Bed Reallocation, effective 11/8/21 https://www.sos.texas.gOv/texreg/archive/November52021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#150 xi. COVTD-19 Fund Reporting, effective 11/8/21 https://www.sos.texas.gOv/texreg/archive/November52021/Adopted%20Rules/l.ADMrNISTRATION.html#104 xii. Texas Environmental Lead Reduction, effective 11/9/21 https://www.sos.texas.gOv/texreg/archive/November52021/Adopted%20Rules/25.HEALTH%20SERVICES.html#144 xiii. Disaster Rule Flexibilities for Community Behavioral Health Providers, effective 11/15/21 https://www.sos.texas.gOv/texreg/archive/November52021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#152 xiv. Nursing Facility Administrators Licensing Program, published 11/12/21; effective 11/14/21 xv. Low-THC Cannabis for Compassionate Use; published 11/12/21; effective 11/17/21 6. Adjourn
1. Welcome and Opening Remarks
a. Call to order b. Roll call c. Explanation of proceedings using Microsoft Teams live event d. Executive Commissioner's welcome and remarks e. Department of State Health Services Commissioner's remarks f. Inspector General's Quarterly Report
Exceptional Item Request Development, Legislative Appropriations Request Timeline, and Stakeholder Feedback Requests*
a. Administrative Procedures Act (APA) public comment period has closed
i. Texas Health and Human Services Commission (HHSC) proposes amendments to rules in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter A, §355.108 and §355.109, concerning Updates to Inflation and Cost Adjustment Methods ii. HHSC proposes an amendment to a rule in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter O, §353.1305, concerning Uniform Hospital Rate Increase Program iii. Department of State Health Services (DSHS) proposes the repeal of rules and new rules in TAC, Title 25, Part 1, Chapter 157, Emergency Medical Care, Subchapter G, §§157.122, 157.132, and 157.133, concerning Stroke Facility Designation and Trauma Service Areas iv. DSHS proposes amendments to rules in TAC, Title 25, Part 1, Chapter 289, Radiation Control, Subchapter F, §§289.252, 289.256, and 289.257, concerning Licensing, Medical and Veterinary Use, and Packaging and Transportation of Radioactive Material v. HHSC proposes the repeal of rules in TAC, Title 25, Part 1, Chapter 417, Agency and Facility Responsibilities, Subchapter C, §§417.101 -417.110, and Title 40, Part 1, Chapter 7, DADS Administrative Responsibilities, Subchapter C, §§7.101 - 7.110, and new rules in Title 26, Part 1, Chapter 910, Charges for Services in State Facilities, §§910.1 - 910.10, concerning Charges for Services in State Facilities vi. HHSC proposes a new rule in TAC, Title 26, Part 1, Chapter 556, Nurse Aides, §556.100, concerning Nurse Aide Transition from Temporary Status to Permanent Rule vii. HHSC proposes amendments to rules and new rules in TAC, Title 25, Part 1, Chapter 117, End Stage Renal Disease, Subchapter D, §117.49, Chapter 133, Hospital Licensing, Subchapter C, §133.45, Chapter 135, Ambulatory Surgical Centers, Subchapter A, §135.30, Chapter 137, Birthing Centers, Subchapter D, §137.55, Chapter 139, Abortion Facility Reporting and Licensing, Subchapter D, §139.60, Chapter 140, Health Professions Regulation, Subchapter I, §140.435, Chapter 229, Food and Drug, Subchapter J, §229.144, and Chapter 448, Standard of Care, Subchapter I, §448.912, and an amendment to a rule and new rules in Title 26, Part 1, Chapter 506, Special Care Facilities, Subchapter C, §506.38, Chapter 509 Freestanding Emergency Medical Care Facilities, Subchapter C, §509.68, and Chapter 510, Private Psychiatric Hospitals and Crisis Stabilization Units, Subchapter C, §510.44, concerning Human Trafficking Signage Requirements and Prohibiting Organ Transplant Recipient Discrimination viii. HHSC proposes amendments to rules in TAC, Title 25, Part 1, Chapter 448, Standards of Care, Subchapters D, H, and I, §§448.401,448.801, 448.803, and 448.911, concerning Chemical Dependency Treatment Facility Satellite Office Exemption and Telehealth Service Delivery
b. Submitted to the Texas Register - APA public comment period has not closed
i. DSHS proposes new rules in TAC, Title 25, Part 1, Chapter 229, Food and Drug, Subchapter A, §§229.1 - 229.4, concerning Prescription Drug Price Disclosure ii. DSHS proposes an amendment to a rule in TAC, Title 25, Part 1, Chapter 97, Communicable Diseases, Subchapter A, §97.7, concerning COVID-19 School Exclusion Criteria iii. HHSC proposes an amendment to a rule in TAC, Title 26, Part 1, Chapter 558, Licensing Standards for Home and Community Support Services Agencies, Subchapter C, Division 4, §558.303, and proposes new rules in Chapter 570, Long-Term Provider Rules During a Contagious Disease Outbreak, Epidemic, or Pandemic, concerning Long-Term Care Provider Rules During a Contagious Disease Outbreak, Epidemic, or Pandemic iv. HHSC proposes amendments to rules in TAC, Title 26, Part 1, Chapter 745, Licensing, Subchapter N,§§745.8913, 745.8933, 745.9025 - 746.9027, and 745.9030, concerning Alternative Administrator's Licenses for Military Members, Spouses, and Veterans
c. Not yet submitted to the Texas Register for APA public comment
i. HHSC proposes amendments to rules, new rules, and the repeal of rules in TAC, Title 26, Part 1, Chapter 748, Minimum Standards for General Residential Operations, concerning the Comprehensive Rule Review for Chapter 748 ii. HHSC proposes amendments to rules, new rules, and the repeal of rules in TAC, Title 26, Part 1, Chapter 749, Minimum Standards for Child-Placing Agencies, concerning the Comprehensive Rule Review for Chapter 749 iii. HHSC proposes the repeal of rules in TAC, Title 40, Part 1, Chapter 93, Employee Misconduct Registry, §§93.1 - 93.9, and new rules in Title 26, Part 1, Chapter 561, Employee Misconduct Registry, §§561.1 - 561.9, concerning Employee Misconduct Registry iv. HHSC proposes amendments to rules and the repeal of rules in TAC, Title 26, Part 1, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions, concerning Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions Legislative Implementation and Updates v. HHSC proposes the amendment to a rule in TAC, Title 1, Part 15, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Division 1, §351.805, concerning the State Medicaid Managed Care Advisory Committee vi. HHSC proposes the repeal of rules in TAC, Title 40, Part 2, Chapter 101, Administrative Rules and Procedures, Subchapter C, Division 3, a new rule in Title 15, Part 1, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Division 1, §351.843, and amendments to rules in Title 26, Part 1, Chapter 350, Early Childhood Intervention Services, concerning Early Childhood Intervention
4. State Medicaid Managed Care Advisory Committee Recommendations*
State Medicaid Managed Care Advisory Committee Recommendations*
5. Recent Rule Adoptions - Information item not for discussion a. Adoptions submitted to the Texas Register that are not yet effective i. Repeal of Obsolete Contracting Ethics Rules, published 11/19/21, effective 11/22/21 ii. Vital Statistics Process for Fee Waivers, Death Certificate for Religious Purposes, and Death Certificate Amendments, published 11/19/21, effective 11/24/21 iii. Uncompensated Care Program Application Fee, published 11/19/21, effective 11/28/21 b. Adoptions that are effective i. Preadmission Screening and Resident Review, effective 9/1/21 https://www.sos.texas.gov/texreg/archive/August272021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.htrm ii. Coordination of Care from Specialty Providers, effective 9/1/21 https://www.sos.texas.gOv/texreg/archive/August272021/Adopted%20Rules/l.ADMINISTRATION.html#93 iii. Inpatient Hospital Reimbursement, effective 9/20/21 https://www.sos.texas.gOv/texreg/archive/Septemberl72021/Adopted%20Rmes/l.ADMINISTRATION.html#131 iv. Hospital Augmented Reimbursement Program, effective 9/29/21 https://www.sos.texas.gOv/texreg/archive/September242021/Adopted%20Rmes/l.ADMINISTRATION.html#96 v. e-Health Advisory Committee, effective 10/6/21 https://www.sos.texas.gOv/texreg/archive/Octoberl2021/Adopted%20Rules/l.ADMINISTRATION.html#74 vi. Pediatric Long-term Care Facility Reimbursement, effective 10/19/21 https://www.sos.texas.gOv/texreg/archive/Octoberl52021/Adopted%20Rules/l.ADMINISTRATION.html#45 vii. Home and Community-based Services Waiver Add-on Payment Extension, effective 10/24/21 https://www.sos.texas.gov/texreg/archive/October22202 l/Adopted%20Rules/l. ADMINISTRATION.html#91 viii. Outpatient Hospital Reimbursement, effective 10/24/21, https://www.sos.texas.gOv/texreg/archive/October222021/Adopted%20Rules/l.ADMINISTRATION.html#93 ix. Epinephrine Auto-Injector Rules for Child Care, effective 10/25/21 https://ww.sos.texas.gov/texreg/archive/October2220 x. Medicaid Bed Reallocation, effective 11/8/21 https://www.sos.texas.gOv/texreg/archive/November52021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#150 xi. COVTD-19 Fund Reporting, effective 11/8/21 https://www.sos.texas.gOv/texreg/archive/November52021/Adopted%20Rules/l.ADMrNISTRATION.html#104 xii. Texas Environmental Lead Reduction, effective 11/9/21 https://www.sos.texas.gOv/texreg/archive/November52021/Adopted%20Rules/25.HEALTH%20SERVICES.html#144 xiii. Disaster Rule Flexibilities for Community Behavioral Health Providers, effective 11/15/21 https://www.sos.texas.gOv/texreg/archive/November52021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#152 xiv. Nursing Facility Administrators Licensing Program, published 11/12/21; effective 11/14/21 xv. Low-THC Cannabis for Compassionate Use; published 11/12/21; effective 11/17/21 6. Adjourn