Health and Human Services Commission Executive Council Agenda

November 18, 2021 - 10:00 am

Texas Health and Human Services Commission, John H. Winters Building, Public Hearing Room 125, First Floor
701 West 51st Street
78751
United States

This meeting will be webcast. Members of the public may attend the meeting in person at the address above or access a live stream of the meeting at https://texashhsmeetings.org/HHSWebcast. Select the tab for the Winters Public Hearing Room Live on the date and time for this meeting. Please e-mail Webcasting@hhsc.state.tx.us if you have any problems with the webcasting function.

This meeting will also be conducted via videoconference call in accordance with the requirements of Section 551.127, Government Code. The member of the Council presiding over the meeting will be physically present at the location specified above.

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. Department of State Health Services Commissioner’s remarks
    6. Inspector General’s Quarterly Report
  2. Information Presentation*
    1. Rider 24 Cost Containment Report
    2. Exceptional Item Request Development, Legislative Appropriations Request Timeline, and Stakeholder Feedback Requests*
  3. Rule proposals*
    1. Administrative Procedures Act (APA) public comment period has closed†
      1. Texas Health and Human Services Commission (HHSC) proposes amendments to rules in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter A, §355.108 and §355.109, concerning Updates to Inflation and Cost Adjustment Methods
      2. HHSC proposes an amendment to a rule in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter O, §353.1305, concerning Uniform Hospital Rate Increase Program
      3. Department of State Health Services (DSHS) proposes the repeal of rules and new rules in TAC, Title 25, Part 1, Chapter 157, Emergency Medical Care, Subchapter G, §§157.122, 157.132, and 157.133, concerning Stroke Facility Designation and Trauma Service Areas
      4. DSHS proposes amendments to rules in TAC, Title 25, Part 1, Chapter 289, Radiation Control, Subchapter F, §§289.252, 289.256, and 289.257, concerning Licensing, Medical and Veterinary Use, and Packaging and Transportation of Radioactive Material
      5. HHSC proposes the repeal of rules in TAC, Title 25, Part 1, Chapter 417, Agency and Facility Responsibilities, Subchapter C, §§417.101 - 417.110, and Title 40, Part 1, Chapter 7, DADS Administrative Responsibilities, Subchapter C, §§7.101 - 7.110, and new rules in Title 26, Part 1, Chapter 910, Charges for Services in State Facilities, §§910.1 - 910.10, concerning Charges for Services in State Facilities
      6. HHSC proposes a new rule in TAC, Title 26, Part 1, Chapter 556, Nurse Aides, §556.100, concerning Nurse Aide Transition from Temporary Status to Permanent Rule
      7. HHSC proposes amendments to rules and new rules in TAC, Title 25, Part 1, Chapter 117, End Stage Renal Disease, Subchapter D, §117.49, Chapter 133, Hospital Licensing, Subchapter C, §133.45, Chapter 135, Ambulatory Surgical Centers, Subchapter A, §135.30, Chapter 137, Birthing Centers, Subchapter D, §137.55, Chapter 139, Abortion Facility Reporting and Licensing, Subchapter D, §139.60, Chapter 140, Health Professions Regulation, Subchapter I, §140.435, Chapter 229, Food and Drug, Subchapter J, §229.144, and Chapter 448, Standard of Care, Subchapter I, §448.912, and an amendment to a rule and new rules in Title 26, Part 1, Chapter 506, Special Care Facilities, Subchapter C, §506.38, Chapter 509 Freestanding Emergency Medical Care Facilities, Subchapter C, §509.68, and Chapter 510, Private Psychiatric Hospitals and Crisis Stabilization Units, Subchapter C, §510.44, concerning Human Trafficking Signage Requirements and Prohibiting Organ Transplant Recipient Discrimination
      8. HHSC proposes amendments to rules in TAC, Title 25, Part 1, Chapter 448, Standards of Care, Subchapters D, H, and I, §§448.401, 448.801, 448.803, and 448.911, concerning Chemical Dependency Treatment Facility Satellite Office Exemption and Telehealth Service Delivery
    2. Submitted to the Texas Register – APA public comment period has not closed‡
      1. DSHS proposes new rules in TAC, Title 25, Part 1, Chapter 229, Food and Drug, Subchapter A, §§229.1 - 229.4, concerning Prescription Drug Price Disclosure
      2. DSHS proposes an amendment to a rule in TAC, Title 25, Part 1, Chapter 97, Communicable Diseases, Subchapter A, §97.7, concerning COVID-19 School Exclusion Criteria
      3. HHSC proposes an amendment to a rule in TAC, Title 26, Part 1, Chapter 558, Licensing Standards for Home and Community Support Services Agencies, Subchapter C, Division 4, §558.303, and proposes new rules in Chapter 570, Long-Term Provider Rules During a Contagious Disease Outbreak, Epidemic, or Pandemic, concerning Long-Term Care Provider Rules During a Contagious Disease Outbreak, Epidemic, or Pandemic
      4. HHSC proposes amendments to rules in TAC, Title 26, Part 1, Chapter 745, Licensing, Subchapter N,§§745.8913, 745.8933, 745.9025 - 746.9027, and 745.9030, concerning Alternative Administrator’s Licenses for Military Members, Spouses, and Veterans
    3. Not yet submitted to the Texas Register for APA public comment
      1. HHSC proposes amendments to rules, new rules, and the repeal of rules in TAC, Title 26, Part 1, Chapter 748, Minimum Standards for General Residential Operations, concerning the Comprehensive Rule Review for Chapter 748
      2. HHSC proposes amendments to rules, new rules, and the repeal of rules in TAC, Title 26, Part 1, Chapter 749, Minimum Standards for Child-Placing Agencies, concerning the Comprehensive Rule Review for Chapter 749
      3. HHSC proposes the repeal of rules in TAC, Title 40, Part 1, Chapter 93, Employee Misconduct Registry, §§93.1 - 93.9, and new rules in Title 26, Part 1, Chapter 561, Employee Misconduct Registry, §§561.1 - 561.9, concerning Employee Misconduct Registry
      4. HHSC proposes amendments to rules and the repeal of rules in TAC, Title 26, Part 1, Chapter 551, Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions, concerning Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions Legislative Implementation and Updates
      5. HHSC proposes the amendment to a rule in TAC, Title 1, Part 15, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Division 1, §351.805, concerning the State Medicaid Managed Care Advisory Committee
      6. HHSC proposes the repeal of rules in TAC, Title 40, Part 2, Chapter 101, Administrative Rules and Procedures, Subchapter C, Division 3, a new rule in Title 15, Part 1, Chapter 351, Coordinated Planning and Delivery of Health and Human Services, Subchapter B, Division 1, §351.843, and amendments to rules in Title 26, Part 1, Chapter 350, Early Childhood Intervention Services, concerning Early Childhood Intervention
  4. State Medicaid Managed Care Advisory Committee Recommendations*
  5. Recent Rule Adoptions - Information item not for discussion
    1. Adoptions submitted to the Texas Register that are not yet effective
      1. Repeal of Obsolete Contracting Ethics Rules, published 11/19/21, effective 11/22/21
      2. Vital Statistics Process for Fee Waivers, Death Certificate for Religious Purposes, and Death Certificate Amendments, published 11/19/21, effective 11/24/21
      3. Uncompensated Care Program Application Fee, published 11/19/21, effective 11/28/21
    2. Adoptions that are effective
      1. Preadmission Screening and Resident Review, effective 9/1/21
        https://www.sos.texas.gov/texreg/archive/August272021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#118
      2. Coordination of Care from Specialty Providers, effective 9/1/21
        https://www.sos.texas.gov/texreg/archive/August272021/Adopted%20Rules/1.ADMINISTRATION.html#93
      3. Inpatient Hospital Reimbursement, effective 9/20/21
        https://www.sos.texas.gov/texreg/archive/September172021/Adopted%20Rules/1.ADMINISTRATION.html#131
      4. Hospital Augmented Reimbursement Program, effective 9/29/21
        https://www.sos.texas.gov/texreg/archive/September242021/Adopted%20Rules/1.ADMINISTRATION.html#96
      5. e-Health Advisory Committee, effective 10/6/21
        https://www.sos.texas.gov/texreg/archive/October12021/Adopted%20Rules/1.ADMINISTRATION.html#74
      6. Pediatric Long-term Care Facility Reimbursement, effective 10/19/21 https://www.sos.texas.gov/texreg/archive/October152021/Adopted%20Rules/1.ADMINISTRATION.html#45
      7. Home and Community-based Services Waiver Add-on Payment Extension, effective 10/24/21
        https://www.sos.texas.gov/texreg/archive/October222021/Adopted%20Rules/1.ADMINISTRATION.html#91
      8. Outpatient Hospital Reimbursement, effective 10/24/21,
        https://www.sos.texas.gov/texreg/archive/October222021/Adopted%20Rules/1.ADMINISTRATION.html#93
      9. Epinephrine Auto-Injector Rules for Child Care, effective 10/25/21
        https://www.sos.texas.gov/texreg/archive/October222021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#111
      10. Medicaid Bed Reallocation, effective 11/8/21
        https://www.sos.texas.gov/texreg/archive/November52021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#150
      11. COVID-19 Fund Reporting, effective 11/8/21
        https://www.sos.texas.gov/texreg/archive/November52021/Adopted%20Rules/1.ADMINISTRATION.html#104
      12. Texas Environmental Lead Reduction, effective 11/9/21
        https://www.sos.texas.gov/texreg/archive/November52021/Adopted%20Rules/25.HEALTH%20SERVICES.html#144
      13. Disaster Rule Flexibilities for Community Behavioral Health Providers, effective 11/15/21
        https://www.sos.texas.gov/texreg/archive/November52021/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#152
      14. Nursing Facility Administrators Licensing Program, published 11/12/21; effective 11/14/21
      15. Low-THC Cannabis for Compassionate Use; published 11/12/21; effective 11/17/21
  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 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 may choose from the following options:

  1. Oral comments provided virtually: Members of the public must pre-register to provide oral comments virtually during the meeting by completing a Public Comment Registration form at https://texashhsmeetings.org/HHSCEC_PCReg_Nov2021no later than 5:00 p.m. Tuesday, November 16, 2021. Please mark the correct box on the Public Comment Registration form and provide your name, either the organization you are representing or that you are speaking as a private citizen, and your direct phone number. If you have completed the Public Comment Registration form, you will receive an email the day before the meeting with instructions for providing virtual public comment. Public comment is limited to three minutes. Each speaker providing oral public comments virtually must ensure their face is visible and their voice audible to the other participants while they are speaking. Each speaker must state their name and on whose behalf they are speaking (if anyone). If you pre-register to speak and wish to provide a handout before the meeting, please submit an electronic copy in accessible PDF format that will be distributed by HHS staff to Council members and State staff. Handouts are limited to two pages (paper size: 8.5” by 11”, one side only). Handouts must be emailed to ACCO_CommitteeFacilitation@hhs.texas.gov immediately after pre-registering, but no later than 5:00 p.m. Tuesday, November 16, 2021, and include the name of the person who will be commenting. Do not include health or other confidential information in your comments or handouts. Staff will not read handouts aloud during the meeting, but handouts will be provided to Council members and State staff.

  2. Oral comments provided in-person at the meeting location: Members of the public may provide oral public comment during the meeting in person at the meeting location either by pre-registering using the form above or without pre-registering by completing a form at the entrance to the meeting room. Do not include health or other confidential information in your 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.

Persons with disabilities who wish to attend the meeting and require auxiliary aids or services should contact Sparkman at 512-438-2897 or ACCO_CommitteeFacilitation@hhs.texas.gov at least 72 hours before the meeting so arrangements can be made.