Health and Human Services Commission Executive Council (HHSC EC) Agenda

November 19, 2020 - 10:00 am

United States

Meeting Site:

Due to the COVID-19 pandemic, this meeting will be conducted virtually using Microsoft Teams Live Events only. Join the meeting here. Attendees who would like to provide public comment should see the Public Comment section below. There is not a physical location for this meeting.

  1. Welcome and Opening Remarks
    1. Call to order
    2. Roll call
    3. Explanation of proceedings using Microsoft Teams live event
    4. Executive Commissioner’s welcome and remarks
    5. Chief Officers’ remarks
    6. Commissioner of Health’s remarks
    7. Inspector General’s Quarterly Report
  2. Legislative Appropriations Request Update*
  3. Rule proposals*
    1. Administrative Procedures Act (APA) public comment period has closed†

      none

    2. Submitted to the Texas Register – APA public comment period has not closed‡
      1. Texas Health and Human Services Commission (HHSC) proposes the amendment to a rule in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter J, Division 11, §355.8201, concerning Uncompensated Care Secondary Reconciliation for Demonstration Years 6-8
      2. HHSC proposes a new rule TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter B, §355.205, concerning COVID-19 Rate Increase Attestation Process
      3. HHSC proposes the amendment to a rule in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter J, Division 14, §355.8261, concerning Federally Qualified Health Center Services Reimbursement
      4. HHSC proposes the amendments to rules, new rules, and repeal of rules in TAC, Title 26, Part 1, Chapter 744, Minimum Standards for School-Age and Before or After-School Programs, Chapter 746, Minimum Standards for Child-Care Centers, and Chapter 747, Minimum Standards for Child-Care Homes, concerning Physical Activity, Nutrition, and Screen Time for Licensed Day Care Operations, Child-Care Centers, and Registered Child-Care Homes
      5. HHSC proposes new rules in TAC, Title 26, Part 1, Chapter 742, Minimum Standards for Listed Family Homes, Subchapters A – H, concerning Regulation of Listed Family Homes
    3. Not yet submitted to the Texas Register for APA public comment
      1. The Department of State Health Services proposes the amendments to rules, new rules, and repeal of rules in Texas Administrative Code (TAC), Title 25, Part 1, Chapter 217, Milk and Dairy, Subchapter A, §§217.1, 217.2, and Subchapter B, §§217.21 – 217.34, concerning Grade Specifications and Requirements for Milk, and Grade A Raw Milk and Raw Milk Products
      2. HHSC proposes the repeal of rules in TAC, Title 40, Part 2, Chapter 109, Office for Deaf and Hard of Hearing Services, Subchapter C, and proposes new rules in Title 26, Part 1, Chapter 360, Office of Deaf and Hard of Hearing Services, Subchapter C, concerning the Specialized Telecommunications Assistance Program
      3. HHSC proposes the amendments to rules in TAC, Title 1, Part 15, Chapter 354, Medicaid Health Services, Subchapter A, Division 22, §354.1311 and §354.1312, concerning Medicaid Substance Use Disorder
      4. HHSC proposes new rules in TAC, Title 26, Part 1, Chapter 280, §§280.1, 280.3, and 280.5, concerning the Pediatric Tele-Connectivity Resource Program for Rural Texas
      5. HHSC proposes new rules in TAC, Title 26, Part 1, Chapter 368, Subchapters A- H, concerning Intellectual and Developmental Disabilities Habilitative Specialized Services
      6. HHSC proposes the amendments to rules and a new rule in TAC, Title 1, Part 15, Chapter 393, Informal Dispute Resolution and Informal Reconsideration, §§393.1 – 393.3, concerning Informal Dispute Resolution
      7. HHSC proposes the amendments to rules, new rules, and repeal of a rule in TAC, Title 26, Part 1, Chapter 558, Subchapters A - H, concerning Licensing Standards for Home and Community Support Services Agencies
      8. HHSC proposes the repeal of rules in TAC, Title 25, Part 1, Chapter 131, Subchapters A - G, and proposes new rules in Title 26, Part 1, Chapter 509, Subchapters A - E, concerning Freestanding Emergency Medical Care Facilities
      9. HHSC proposes the repeal of rules in TAC, Title 25, Part 1, Chapter 411, State Mental Health Authority Responsibilities, Subchapter J, and proposes new rules in Title 26, Part 1, Chapter 568, Standards of Care and Treatment in Psychiatric Hospitals, Subchapters A - H, concerning Voluntary Admission for Psychiatric Services
      10. HHSC proposes the amendments to rules and new rules in TAC, Title 25, Part 1, Chapter 133, Hospital Licensing, Subchapter C, Chapter 135, Ambulatory Surgical Centers, Subchapter A, Chapter 137, Birthing Centers, Subchapter D, Chapter 139, Abortion Facility Reporting and Licensing, Subchapter D, Chapter 229, Food and Drug, Subchapter J, and in Title 26, Part 1, Chapter 506, Special Care Facilities, Subchapter C, Chapter 507, End Stage Renal Disease Facilities, Subchapter D, Chapter 509, Freestanding Emergency Medical Care Facilities, Subchapter C, Chapter 510, Private Psychiatric Hospitals and Crisis Stabilization Units, Subchapter C, and Chapter 564, Treatment Facilities for Individuals with Substance-related Disorders, Subchapter B, concerning Medical and Health Care Billing
      11. HHSC proposes the amendments to rules and new rules, in TAC, Title 26, Part 1, Chapter 744, Minimum Standards for School-Age and Before or After-School Programs, Chapter 746, Minimum Standards for Child-Care Centers, Chapter 747, Minimum Standards for Child-Care Homes, Chapter 748, Minimum Standards for General Residential Operations, and Chapter 749, Minimum Standards for Child-Placing Agencies, concerning Regulation of Child-Care Facilities
      12. HHSC proposes the amendments to rules, new rules, and repeal of rules in TAC, Title 26, Part 1, Chapter 745, Licensing, and Chapter 748, Minimum Standards for General Residential Operations, concerning Legislative and Other Updates for Chapter 745 and Chapter 748
  4. Advisory Committee Recommendations*
    1. Palliative Care Interdisciplinary Advisory Council
    2. STAR Kids Managed Care Advisory Committee
    3. Texas Autism Council
    4. Texas Brain Injury Advisory Council
  5. Recent Rule Adoptions - Information item not for discussion
    1. Adoptions submitted to the Texas Register that are not yet effective
      1. Annual Reporting of Employees Leaving Child-Care Centers, effective 12/15/20
      2. Delivery System Reform Incentive Payment Program Demonstration Years 9-10, effective 12/2/20
      3. Human Trafficking Prevention Training Requirements, effective 12/2/20
      4. Data Request Process for Public Health Practice Purposes, effective 2/1/21
    2. Adoptions that are effective
      1. Texas HIV Medication Advisory Committee, effective 10/5/20 https://www.sos.state.tx.us/texreg/archive/October22020/Adopted%20Rules/25.HEALTH%20SERVICES.html#175
      2. Certificate of Public Advantage, effective 10/25/20 https://www.sos.state.tx.us/texreg/archive/October232020/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#84
  6. Adjourn

*Public comment will be taken on these agenda items during this meeting.
†The public comment period required by Sec. 2001.029, Tex. Gov’t Code, has ended as of the date of this meeting and written comments may no longer be submitted as provided by that statute and the posting of the rule proposals in the Texas Register. However, comments may be submitted at this meeting pursuant to Sec. 531.0051, Tex. Gov’t Code.
‡The public comment period required by Sec. 2001.029, Tex. Gov’t Code, has not ended as of the date of this meeting and written comments may be submitted as provided by that statute and the posting of the rule proposals in the Texas Register. Comments may also be submitted to the agency at this meeting pursuant to Sec. 531.0051, Tex. Gov’t Code.

The HHSC Executive Council will only review items listed on the agenda.

Public Comment: The Texas Health and Human Services Commission (HHSC) welcomes public comments pertaining to topics related to the above agenda items. Members of the public who would like to provide public comment are asked to complete a Public Comment Form here. Members of the public are encouraged to participate in this process by providing written public comment to HHSC by emailing ACCO_CommitteeFacilitation@hhsc.state.tx.us no later than 5:00 pm November 17, 2020. Please include your name and either the organization you are representing or that you are speaking as a private citizen. Written comments are limited to three minutes and will be read during the meeting for consideration by the Council.

If you would like to register to provide oral comments, please mark the correct box on the Public Comment form. Instructions for providing oral comment will be emailed to you. Registration should be completed no later than 5:00 pm November 17, 2020. Members of the public may also use the Microsoft Teams Live Event Q&A section during the meeting to submit a request to provide public comment. The request must contain your name and either the organization you are representing or that you are speaking as a private citizen, and your direct phone number.

Public comment is limited to three minutes. Speakers must state their name and on whose behalf they are speaking, if anyone. Public members who are using handouts are asked to provide an electronic copy in accessible pdf format that will be distributed by HHS staff to Council members, State staff and for public distribution. Handouts are limited to two pages (paper size: 8.5” by 11”, one side only) of documentation. Handouts must be emailed to HHSC immediately after registering and include the name of the person who will be commenting.

Contact: Questions regarding agenda items, content, or meeting arrangements should be directed to Susanna Sparkman, Health and Human Services Commission Executive Council Liaison 512-438-2897, Susanna.Sparkman@hhsc.state.tx.us.

This meeting is open to the public. No reservations are required, and there is no cost to attend this meeting.

People with disabilities who wish to attend the meeting and require auxiliary aids or services should contact Sparkman, Health and Human Services Commission Executive Council Liaison, 512-438-2897 or by email at ACCO_CommitteeFacilitation@hhsc.state.tx.us at least 72 hours before the meeting so appropriate arrangements can be made.