Health and Human Services Commission Executive Council Agenda

March 8, 2021 - 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. There is not a physical location for this meeting.

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  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. Department of State Health Services Commissioner’s remarks
    7. Inspector General’s Quarterly Report
  2. Rule proposals*
    1. Administrative Procedures Act (APA) public comment period has closed†
      1. The Department of State Health Services (DSHS) proposes the repeal of a rule and a new rule in Texas Administrative Code (TAC), Title 25, Part 1, Chapter 289, Radiation Control, Subchapter E, §289.233, concerning Radiation Control Regulations for Radiation Machines Used in Veterinary Medicine
      2. Texas Health and Human Services Commission (HHSC) proposes the amendment to a rule and new rules in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter O, §§353.1305 – 353.1307, concerning Uniform Hospital Rate Increase Program Reforms
      3. HHSC proposes new rules in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter O, §353.1309 and §353.1311, concerning Physician Directed Payment Program
      4. HHSC proposes new rules in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter O, §353.1315 and §353.1317, concerning Rural Health Clinic Directed Payment Program
      5. HHSC proposes new rules in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter O, §353.1320 and §353.1322, concerning Community Mental Health Center Directed Payment Program
      6. 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
      7. 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
      8. HHSC proposes the repeal of rules and new rules in TAC, Title 26, Part 1, Chapter 553, Subchapters A – C and E - I, concerning Licensing Standards for Assisted Living Facilities
    2. Submitted to the Texas Register – APA public comment period has not closed‡
      1. HHSC proposes the amendment to a rule and a new rule in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter A, §353.4 and §353.7, concerning Coordination of Care from Specialty Providers
      2. HHSC proposes the amendment to a rule in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter J, Division 31, §355.8600, concerning Reimbursement Methodology for Ambulance Services
      3. HHSC proposes the amendments to rules in TAC, Title 26, Part 1, Chapter 213, Area Agencies on Aging, Subchapter C, §213.101 and §213.203, concerning the Home Delivered Meals
      4. HHSC proposes the repeal of rules and new rules in TAC, Title 1, Part 15, Chapter 391, Subchapters A - G, concerning Purchase of Goods and Services by the Texas Health and Human Services Commission
      5. HHSC proposes new rules in TAC, Title 26, Part 1, Chapter 745, Licensing, Subchapter D, Division 13, §§745.491, 745.493, 745.495, and 745,497, concerning Reviewing Applications for Heightened Monitoring History
      6. HHSC proposes the amendments to rules, new rules, and the repeal of rules in TAC, Title 26, Part 1, Chapter 749, Subchapters F, M, O, and Q, concerning Minimum Standards for Child-Placing Agencies
      7. HHSC proposes the amendments to rules in TAC, Title 26, Part 1, Chapter 556, Nurse Aides, §§556.2, 556.3, 556.6, and 556.9, concerning Nurse Aide Training and Competency Evaluation Program
    3. Not yet submitted to the Texas Register for APA public comment
      1. DSHS proposes the repeal of rules and new rules in TAC, Title 25, Part 1, Chapter 228, Subchapters A - I, concerning Retail Food Establishments
      2. DSHS proposes the repeal of rules in TAC, Title 25, Part 1, Chapter 295, Subchapter C, and proposes new rules in TAC, Title 25, Part 1, Chapter 296, Subchapters A - Q, concerning Texas Asbestos Health Protection
      3. DSHS proposes the amendment to a rule in TAC, Title 25, Part 1, Chapter 289, Radiation Control, Subchapter E, §289.226, concerning Registration of Radiation Machine Use and Services
      4. HHSC proposes the amendments to rules in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter A, §353.2, Subchapter H, §353.702, and Subchapter N, §353.1203, concerning State of Texas Access Reform (STAR) Health Continuity of Care
      5. HHSC proposes the amendments to rules, new rules, and repeal of a rule in TAC, Title 26, Part 1, Chapter 303, Subchapters A - I, concerning Preadmission Screening and Resident Review
      6. HHSC proposes the repeal of rules and new rules in TAC, Title 26, Part 1, Chapter 553, Licensing Standards for Assisted Living Facilities, Subchapter D, concerning Life Safety Code for Assisted Living Facilities
      7. HHSC proposes the amendments to rules in TAC, Title 26, Part 1, Chapter 510, Subchapters A - D, concerning Private Psychiatric Hospitals and Crisis Stabilization Units
      8. HHSC proposes the repeal of rules, new rules, and amendments to rules in TAC, Title 25, Part 1, Chapter 133, Hospital Licensing, Subchapters F and G, and Chapter 135, Ambulatory Surgical Centers, Subchapter A, and in Title 26, Part 1, Chapter 506, Special Care Facilities, Subchapters E and F, and Chapter 510, Private Psychiatric Hospitals and Crisis Stabilization Units, Subchapter E, concerning Facility Inspections and Investigations
      9. HHSC proposes the amendments to rules in TAC, Title 26, Part 1, Chapter 745, Licensing, Subchapter F, §§745.601, 745.607, 745.609, and 745,669, concerning National Sex Offender Registry Check
      10. HHSC proposes the repeal of rules in TAC, Title 26, Part 1, Chapter 750, Subchapters A - O, concerning Minimum Standards for Independent Foster Homes
      11. HHSC proposes the repeal of rules, new rules, and amendments to rules in TAC, Title 26, Part 1, Chapter 555, Nursing Facility Administrators, Subchapters A-D, concerning Nursing Facility Administrators Licensing Program
  3. Advisory Committee Recommendations*
    1. Behavioral Health Advisory Committee
    2. Intellectual and Developmental Disability System Redesign Advisory Committee
    3. Joint Committee on Access and Forensic Services
    4. Policy Council on Children and Families
    5. Value-Based Payment and Quality Improvement Advisory Committee
  4. Recent Rule Adoptions - Information item not for discussion
    1. Adoptions submitted to the Texas Register that are not yet effective
      1. Physical Activity, Nutrition, and Screen Time for Licensed Day Care Operations, Child-Care Centers, and Registered Child-Care Homes, effective 3/10/21
      2. Regulation of Listed Family Homes, effective 3/10/21
      3. Pediatric Tele-Connectivity Resource Program for Rural Texas, effective 3/15/21
    2. Adoptions that are effective
      1. HHSC Advisory Committees, effective 12/8/20
        https://www.sos.texas.gov/texreg/archive/December42020/Adopted%20Rules/1.ADMINISTRATION.html#84
      2. Medically Dependent Children Program, effective 12/22/20
        https://www.sos.state.tx.us/texreg/archive/December182020/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#422
      3. Evaluation of Milk and Shellfish Laboratories, effective 12/22/20
        https://www.sos.texas.gov/texreg/archive/December182020/Adopted%20Rules/25.HEALTH%20SERVICES.html#373
      4. Electronic Visit Verification, effective 12/23/20
        https://www.sos.texas.gov/texreg/archive/December182020/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#453
        https://www.sos.texas.gov/texreg/archive/December182020/Adopted%20Rules/1.ADMINISTRATION.html#273
      5. Newborn Hearing Screening, effective 12/23/20 https://www.sos.texas.gov/texreg/archive/December182020/Adopted%20Rules/25.HEALTH%20SERVICES.html#368
      6. Low-Volume Livestock Processing Establishments, effective 12/23/20 https://www.sos.texas.gov/texreg/archive/December182020/Adopted%20Rules/25.HEALTH%20SERVICES.html#376
      7. Joint Committee on Access and Forensic Services, effective 12/22/20 https://www.sos.texas.gov/texreg/archive/December182020/Adopted%20Rules/1.ADMINISTRATION.html#270
      8. Convert Open-Ended Contracts to Term Contracts, effective 12/22/20 https://www.sos.texas.gov/texreg/archive/December182020/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#404
      9. Public Swimming Pools and Spas, effective 1/1/21 https://www.sos.texas.gov/texreg/archive/December252020/Adopted%20Rules/25.HEALTH%20SERVICES.html#210
      10. Uncompensated Care Secondary Reconciliation for Demonstration Years 6-8, effective 12/31/20 https://www.sos.texas.gov/texreg/archive/December252020/Adopted%20Rules/1.ADMINISTRATION.html#77
      11. COVID-19 Rate Increase Attestation Process, effective 12/31/20 https://www.sos.texas.gov/texreg/archive/December252020/Adopted%20Rules/1.ADMINISTRATION.html#76
      12. Notifiable Conditions, effective 1/5/21 https://www.sos.texas.gov/texreg/archive/January12021/Adopted%20Rules/25.HEALTH%20SERVICES.html#120
      13. Texas School Health Advisory Committee, effective 1/11/21 https://www.sos.texas.gov/texreg/archive/January82021/Adopted%20Rules/25.HEALTH%20SERVICES.html#85
      14. Mental Health First Aid, effective 1/10/21 https://www.sos.texas.gov/texreg/archive/January82021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#88
      15. Home and Community-based Services and Texas Home Living Day Habilitation and Respite Reimbursement, effective 1/10/21 https://www.sos.texas.gov/texreg/archive/January82021/Adopted%20Rules/1.ADMINISTRATION.html#73
      16. Interstate Compact on Mental Health and Intellectual and Developmental Disabilities, effective 1/18/21
        https://www.sos.texas.gov/texreg/archive/January152021/Adopted%20Rules/1.ADMINISTRATION.html#82
        https://www.sos.texas.gov/texreg/archive/January152021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#94
      17. Informed Consent for Investigational Stem Cell Treatment, effective 1/18/21 https://www.sos.texas.gov/texreg/archive/January152021/Adopted%20Rules/25.HEALTH%20SERVICES.html#88
      18. Discharge and Furlough Medication, effective 1/20/21 https://www.sos.texas.gov/texreg/archive/January152021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#92
      19. Children’s Health Insurance Program Member Complaints and Appeals, effective 2/10/21 https://www.sos.texas.gov/texreg/archive/February52021/Adopted%20Rules/1.ADMINISTRATION.html#43
      20. Epinephrine Auto-Injector Policies in Certain Entities and Youth Facilities, effective 2/9/21 https://www.sos.texas.gov/texreg/archive/February52021/Adopted%20Rules/25.HEALTH%20SERVICES.html#70
      21. Outpatient Competency Restoration, effective 2/9/21 https://www.sos.texas.gov/texreg/archive/February52021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#74
      22. Informal Dispute Resolution, effective 2/15/21 https://www.sos.texas.gov/texreg/archive/February122021/Adopted%20Rules/1.ADMINISTRATION.html#55
      23. Claims Payment Deadline Exception, effective 2/18/21 https://www.sos.texas.gov/texreg/archive/February122021/Adopted%20Rules/1.ADMINISTRATION.html#53
      24. Maintenance and Administration of Asthma Medication, effective 2/18/21 https://www.sos.texas.gov/texreg/archive/February122021/Adopted%20Rules/25.HEALTH%20SERVICES.html#122
      25. Use and Maintenance of the HHSC Psychiatric Drug Formulary, effective 2/24/21
        https://www.sos.texas.gov/texreg/archive/February192021/Adopted%20Rules/25.HEALTH%20SERVICES.html#122
        https://www.sos.texas.gov/texreg/archive/February192021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#125
        https://www.sos.texas.gov/texreg/archive/February192021/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#146
      26. Federally Qualified Health Center Services Reimbursement, effective 2/28/21 https://www.sos.texas.gov/texreg/archive/February192021/Adopted%20Rules/1.ADMINISTRATION.html#108
  5. 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 provided 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 provided 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.

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 Thursday, March 4, 2021. 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 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 either the organization you are representing or that you are speaking as a private citizen. Do not include confidential information or protected health information in comments.

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, ACCO_CommitteeFacilitation@hhs.texas.gov.

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@hhs.texas.gov at least 72 hours before the meeting so appropriate arrangements can be made.