July 9, 2019 - 3:15pm

Health and Human Services Commission, Brown-Heatly Building, Public Hearing Room
4900 N. Lamar Boulevard
Austin Texas, 78751

Agenda

Webcasting Available

Notice of Public Hearing on Proposed Amendments to Title 1 of the Texas Administrative Code §355.112, concerning Attendant Compensation Rate Enhancement; §355.723, concerning Reimbursement Methodology for Home and Community-Based Services and Texas Home Living Programs; and §355.6907, Reimbursement Methodology for Day Activity and Health Services.

Entry is through security at the main entrance of the building facing Lamar Boulevard.

Public Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 9, 2019, at 3:15p.m., to receive comment on proposed amendments to Title 1 of the Texas Administrative Code (1 TAC) §355.112, concerning Attendant Compensation Rate Enhancement; 1 TAC §355.723, concerning Reimbursement Methodology for Home and Community-Based Services (HCS) and Texas Home Living (TxHmL) Programs; and 1 TAC §355.6907, Reimbursement Methodology for Day Activity and Health Services (DAHS).

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 it will be archived for access on demand at the same website.

Background and Purpose. HHSC is proposing rule amendments to comply with House Bill (H.B.) 1, General Appropriations Act, 86th Legislature, Regular Session, 2019, Rider 44.

Rider 44(a)(1) appropriates $20,985,362 in General Revenue (GR) for the biennium for rate increases in the Home and Community-Based Services (HCS) program. These funds are intended to provide rate increases for the benefit of direct care staff through increased direct care staff wages. Rider 44(a)(1) also requires that HHSC increase the factor for HCS Supervised Living and Residential Support Services (SL/RSS) and Day Habilitation services from 4.4 percent to 7.0 percent. The factor is applied to the median rates to cover the costs for more providers than a simple median.

Rider 44(b) directs HHSC to increase the factor in Texas Home Living (TxHmL) Day Habilitation and Day Activity and Health Services (DAHS) to increase the factor from 4.4 percent to 7 percent. Although the factor will increase, total reimbursement rates for these providers will not change because the rider did not include a related appropriation.

To comply with the provisions in Rider 44, HHSC proposes rule amendments to the reimbursement methodologies for attendant compensation rate enhancement, common waiver services, HCS/ TxHmL, and DAHS to increase the HCS rates and to increase the factor for HCS SL/RSS, HCS and TxHmL Day Habilitation, and DAHS from 4.4 to 7.0 percent. HHSC is also proposing clarifying amendments to these rules.

Public Comment. Questions about this proposal may be directed to the HHSC Rate Analysis Long Term Services and Supports Customer Information Center at (512) 424-6637.

Written comments on this proposal may be submitted to the HHSC Rate Analysis Department, Mail Code H-400, P.O. Box 85200, Austin, TX 78705-5200, by fax to (512) 730-7475, or by e-mail to RAD-LTSS@hhsc.state.tx.us.

To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) faxed or e-mailed before midnight on the last day of the comment period. If last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When faxing or e-mailing comments, please indicate "Comments on Proposed 19R049" in the subject line.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) 424-6637 at least 72 hours prior to the hearing so appropriate arrangements can be made.