August 19, 2021 Health and Human Services Commission Executive Council
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Item 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. Chief Officers’ remarks
f. Department of State Health Services Commissioner’s remarks
g. Inspector General’s Quarterly Report
Item 1
Welcome and Opening Remarksa. Call to order
b. Roll call
c. Explanation of proceedings using Microsoft Teams live event
d. Executive Commissioner’s welcome and remarks
e. Chief Officers’ remarks
f. Department of State Health Services Commissioner’s remarks
g. Inspector General’s Quarterly Report
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Item 2a - Rule proposals*
Administrative Procedures Act (APA) public comment period has closed†
Texas Health and Human Services Commission (HHSC) proposes a new rule in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates,
Subchapter J, Division 4, §355.8070, concerning the Hospital Augmented Reimbursement Program
Item 2a
Rule proposals*Administrative Procedures Act (APA) public comment period has closed†
Texas Health and Human Services Commission (HHSC) proposes a new rule in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates,
Subchapter J, Division 4, §355.8070, concerning the Hospital Augmented Reimbursement Program
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Item 2b - Submitted to the Texas Register – APA public comment period has not closed‡
i. HHSC proposes a new rule in TAC, Title 26, Part 1, Chapter 261, Intermediate Care Facilities for Individuals with an Intellectual Disability
or Related Conditions Program--Contracting, Subchapter C, §261.220, concerning Medicaid Bed Reallocation
ii. HHSC proposes the amendments to rules, new rules, and repeal of a rule, in TAC, Title 26, Part 1, Chapter 742, Minimum Standards for
Listed Family Homes, Chapter 743, Minimum Standards for Shelter Care, Chapter 744, Minimum Standards for School-Age and Before or
After-School Programs, Chapter 745, Licensing, Chapter 746, Minimum Standards for Child-Care Centers, Chapter 747, Minimum Standards
for Child-Care Homes, and Chapter 748, Minimum Standards for General Residential Operations, concerning Epinephrine Auto-Injector
Rules for Child Care
iii. HHSC proposes a new rule in TAC, Title 26, Part 1, Chapter 306, Behavioral Health Delivery System, Subchapter X, §306.1251, concerning
Disaster Rule Flexibilities for Community Behavioral Health Providers
iv. HHSC proposes the repeal of rules in TAC, Title 40, Part 1, Chapter 5, Provider Clinical Responsibilities--Intellectual Disability Services,
Subchapter D, and new rules in Title 26, Part 1, Chapter 304, Diagnostic Assessment, concerning Diagnostic Assessment
v. HHSC proposes the amendment to a rule and a new rule in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter C,
§355.307 and §355.316, concerning Pediatric Long-term Care Facility Reimbursement
vi. HHSC proposes the repeal of rules in TAC, Title 40, Part 1, Chapter 79, Legal Services, Subchapter S, §§79.1801 - 79.1806, concerning the
Repeal of Obsolete Contracting Ethics Rules
Item 2b
Submitted to the Texas Register – APA public comment period has not closed‡i. HHSC proposes a new rule in TAC, Title 26, Part 1, Chapter 261, Intermediate Care Facilities for Individuals with an Intellectual Disability
or Related Conditions Program--Contracting, Subchapter C, §261.220, concerning Medicaid Bed Reallocation
ii. HHSC proposes the amendments to rules, new rules, and repeal of a rule, in TAC, Title 26, Part 1, Chapter 742, Minimum Standards for
Listed Family Homes, Chapter 743, Minimum Standards for Shelter Care, Chapter 744, Minimum Standards for School-Age and Before or
After-School Programs, Chapter 745, Licensing, Chapter 746, Minimum Standards for Child-Care Centers, Chapter 747, Minimum Standards
for Child-Care Homes, and Chapter 748, Minimum Standards for General Residential Operations, concerning Epinephrine Auto-Injector
Rules for Child Care
iii. HHSC proposes a new rule in TAC, Title 26, Part 1, Chapter 306, Behavioral Health Delivery System, Subchapter X, §306.1251, concerning
Disaster Rule Flexibilities for Community Behavioral Health Providers
iv. HHSC proposes the repeal of rules in TAC, Title 40, Part 1, Chapter 5, Provider Clinical Responsibilities--Intellectual Disability Services,
Subchapter D, and new rules in Title 26, Part 1, Chapter 304, Diagnostic Assessment, concerning Diagnostic Assessment
v. HHSC proposes the amendment to a rule and a new rule in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter C,
§355.307 and §355.316, concerning Pediatric Long-term Care Facility Reimbursement
vi. HHSC proposes the repeal of rules in TAC, Title 40, Part 1, Chapter 79, Legal Services, Subchapter S, §§79.1801 - 79.1806, concerning the
Repeal of Obsolete Contracting Ethics Rules
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Item 2c
- Not yet submitted to the Texas Register for APA public comment
i. Department of State Health Services proposes the amendment to a rule in TAC, Title 25, Part 1, Chapter 229, Food and Drug, Subchapter P,
§229.261, concerning the Assessment of Administrative Penalties
ii. HHSC proposes new rules in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter Q, §§353.1451 - 353.1454, concerning
Electronic Visit Verification Payment Recoupments
iii. HHSC proposes the amendments to rules in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter M, §353.1155, and Title
40, Part 1, Chapter 9, Intellectual Disability Services--Medicaid State Operating Agency Responsibilities, Subchapters D and M, §§9.157,
9.158, 9.566, 9.567, Chapter 42, Deaf Blind with Multiple Disabilities Program and Community First Choice Services, Subchapters B and D,
§§42.202, 42.211, 42.402, and Chapter 45, Community Living Assistance and Support Services and Community First Choice Services,
Subchapter B, §45.202 and §45.211, concerning HHSC Waiver Program Interest Lists
iv. HHSC proposes the repeal of a rule in TAC, Title 25, Part 1, Chapter 412, Local Mental Health Authority Responsibilities, Subchapter F,
§412.272, the amendment to a rule in Title 26, Part 1, Chapter 306, Behavioral Health Delivery System, Subchapter D, Division 4, §306.192,
and a new rule in Chapter 902, Continuity of Services--Transferring Individuals from State Supported Living Centers to State Hospitals,
§902.1, concerning Continuity of Services - Health & Specialty Care System Facilities
v. HHSC proposes the amendments to rules in TAC, Title 26, Part 1, Chapter 557, Medication Aides--Program Requirements, concerning
Medication Aide Legislative Implementation
Item 2c
Not yet submitted to the Texas Register for APA public commenti. Department of State Health Services proposes the amendment to a rule in TAC, Title 25, Part 1, Chapter 229, Food and Drug, Subchapter P,
§229.261, concerning the Assessment of Administrative Penalties
ii. HHSC proposes new rules in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter Q, §§353.1451 - 353.1454, concerning
Electronic Visit Verification Payment Recoupments
iii. HHSC proposes the amendments to rules in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter M, §353.1155, and Title
40, Part 1, Chapter 9, Intellectual Disability Services--Medicaid State Operating Agency Responsibilities, Subchapters D and M, §§9.157,
9.158, 9.566, 9.567, Chapter 42, Deaf Blind with Multiple Disabilities Program and Community First Choice Services, Subchapters B and D,
§§42.202, 42.211, 42.402, and Chapter 45, Community Living Assistance and Support Services and Community First Choice Services,
Subchapter B, §45.202 and §45.211, concerning HHSC Waiver Program Interest Lists
iv. HHSC proposes the repeal of a rule in TAC, Title 25, Part 1, Chapter 412, Local Mental Health Authority Responsibilities, Subchapter F,
§412.272, the amendment to a rule in Title 26, Part 1, Chapter 306, Behavioral Health Delivery System, Subchapter D, Division 4, §306.192,
and a new rule in Chapter 902, Continuity of Services--Transferring Individuals from State Supported Living Centers to State Hospitals,
§902.1, concerning Continuity of Services - Health & Specialty Care System Facilities
v. HHSC proposes the amendments to rules in TAC, Title 26, Part 1, Chapter 557, Medication Aides--Program Requirements, concerning
Medication Aide Legislative Implementation
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Items 3 & 4 - 3. Recent Rule Adoptions - Information item not for discussion
a. Adoptions submitted to the Texas Register that are not yet effective
i. National Sex Offender Registry Check, published 8/6/21, effective 8/30/21
ii. Intellectual and Developmental Disabilities Habilitative Specialized Services, effective 9/1/21
iii. Licensing Standards for Assisted Living Facilities, published 8/13/21, effective 8/31/21
iv. Life Safety Code for Assisted Living Facilities, published 8/20/21, effective 8/31/21
v. Payments to Public Health Providers for Charity Care, published 8/20/21, effective 8/24/21
b. Adoptions that are effective
i. Registration of Radiation Machine Use and Services, effective 7/18/21
ii. Minimum Standards for Independent Foster Homes, effective 7/29/21
iii. Nurse Aide Training and Competency Evaluation Program, effective 8/8/21
iv. Retail Food Establishments, effective 8/8/21
v. Medicaid Substance Use Disorder, published 8/6/21, effective 8/10/21
vi. State of Texas Access Reform (STAR) Health Continuity of Care, published 8/6/21, effective 8/12/21
vii. Training Requirements, published 8/6/21, effective 8/13/21
https://www.sos.texas.gov/texreg/archive/August62021/Adopted%20Rules/25.HEALTH%20SERVICES.html#120
https://www.sos.texas.gov/texreg/archive/August62021/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#139
viii. Quality Incentive Payment Program Accelerated Payment and Metric Rule Change, published 8/13/21, effective 8/19/21
4. Adjourn
Items 3 & 4
3. Recent Rule Adoptions - Information item not for discussiona. Adoptions submitted to the Texas Register that are not yet effective
i. National Sex Offender Registry Check, published 8/6/21, effective 8/30/21
ii. Intellectual and Developmental Disabilities Habilitative Specialized Services, effective 9/1/21
iii. Licensing Standards for Assisted Living Facilities, published 8/13/21, effective 8/31/21
iv. Life Safety Code for Assisted Living Facilities, published 8/20/21, effective 8/31/21
v. Payments to Public Health Providers for Charity Care, published 8/20/21, effective 8/24/21
b. Adoptions that are effective
i. Registration of Radiation Machine Use and Services, effective 7/18/21
ii. Minimum Standards for Independent Foster Homes, effective 7/29/21
iii. Nurse Aide Training and Competency Evaluation Program, effective 8/8/21
iv. Retail Food Establishments, effective 8/8/21
v. Medicaid Substance Use Disorder, published 8/6/21, effective 8/10/21
vi. State of Texas Access Reform (STAR) Health Continuity of Care, published 8/6/21, effective 8/12/21
vii. Training Requirements, published 8/6/21, effective 8/13/21
https://www.sos.texas.gov/texreg/archive/August62021/Adopted%20Rules/25.HEALTH%20SERVICES.html#120
https://www.sos.texas.gov/texreg/archive/August62021/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#139
viii. Quality Incentive Payment Program Accelerated Payment and Metric Rule Change, published 8/13/21, effective 8/19/21
4. Adjourn
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