Health and Human Services Commission Executive Council Agenda

August 19, 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. Join the meeting here.

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Attendees who would like to provide public comment should see the Public Comment section below.

  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†

      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

    2. Submitted to the Texas Register – APA public comment period has not closed‡
      1. 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
      2. 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
      3. 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
      4. 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
      5. 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
      6. 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
    3. Not yet submitted to the Texas Register for APA public comment
      1. 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
      2. 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
      3. 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
      4. 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
      5. HHSC proposes the amendments to rules in TAC, Title 26, Part 1, Chapter 557, Medication Aides--Program Requirements, concerning Medication Aide Legislative Implementation
  3. Recent Rule Adoptions - Information item not for discussion
    1. Adoptions submitted to the Texas Register that are not yet effective
      1. National Sex Offender Registry Check, published 8/6/21, effective 8/30/21
      2. Intellectual and Developmental Disabilities Habilitative Specialized Services, effective 9/1/21
      3. Licensing Standards for Assisted Living Facilities, published 8/13/21, effective 8/31/21
      4. Life Safety Code for Assisted Living Facilities, published 8/20/21, effective 8/31/21
      5. Payments to Public Health Providers for Charity Care, published 8/20/21, effective 8/24/21
    2. Adoptions that are effective
      1. Registration of Radiation Machine Use and Services, effective 7/18/21
      2. Minimum Standards for Independent Foster Homes, effective 7/29/21
      3. Nurse Aide Training and Competency Evaluation Program, effective 8/8/21
      4. Retail Food Establishments, effective 8/8/21
      5. Medicaid Substance Use Disorder, published 8/6/21, effective 8/10/21
      6. State of Texas Access Reform (STAR) Health Continuity of Care, published 8/6/21, effective 8/12/21
      7. 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
      8. Quality Incentive Payment Program Accelerated Payment and Metric Rule Change, published 8/13/21, effective 8/19/21
  4. 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 p.m. Tuesday, August 17, 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.