Medical Care Advisory Committee (MCAC) Agenda

August 11, 2022 - 9:00 am

Texas Department of State Health Services, Moreton Building, Public Hearing Room M-100
1100 West 49th St., Austin, Texas
78756
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 Moreton M-100 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 Committee 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, opening remarks, call to order, and roll call
  2. Consideration of the February 10, 2022 and May 12, 2022, draft meeting minutes
  3. Medicaid and Children’s Health Insurance Program (CHIP) activities update
  4. Hospital Payment Advisory Committee (HPAC) update
  5. Rule Proposals
    1. Submitted to the Texas Register – Administrative Procedures Act public comment period has not closed:
      1. Individualized Skills and Socialization in the Deaf Blind with Multiple Disabilities Program

        Health and Human Services Commission (HHSC) proposes new §§260.501, concerning Definitions; 260.503, concerning Description of Individualized Skills and Socialization; 260.505, concerning Provision of Individualized Skills and Socialization; 260.507, concerning Staffing Ratios; 260.509, concerning Discontinuation of Day Habilitation; 260.511, concerning Including Individualized Skills and Socialization on an IPC; 260.513, concerning Service Provider Qualifications; 260.515, concerning Contracting to Provide Individualized Skills and Socialization; and 260.517, concerning Program Provider Reimbursement for Individualized Skills and Socialization, in new Chapter 260, Subchapter I, Individualized Skills and Socialization. These rules will be published in the Texas Register on August 12, 2022. The comment period will end on September 12, 2022.

      2. Individualized Skills and Socialization in the Home and Community-based Services Program and Texas Home Living Program – Rule Proposal

        Health and Human Services Commission (HHSC) proposes new §§262.901, concerning Definitions; 262.903, concerning Types of Individualized Skills and Socialization; 262.905, concerning Description of On-Site and Off-Site Individualized Skills and Socialization; 262.907, concerning Description of and Criteria for an Individual to Receive In-Home Individualized Skills and Socialization; 262.909, concerning Exceptions to Certain Requirements During Declaration of Disaster; 262.911, concerning Provision of On-Site and Off-Site Individualized Skills and Socialization; 262.913, concerning Provision of In-Home Individualized Skills and Socialization; 262.915, concerning Service Limit for On-Site, Off-Site, and In-Home Individualized Skills and Socialization; 262.917, concerning Staffing Ratios for Off-Site Individualized Skills and Socialization; 262.919, concerning Discontinuation of Day Habilitation; 262.921, concerning Including On-Site, Off-Site, and In-Home Individualized Skills and Socialization on an IPC; 262.923, concerning Service Provider Qualifications for On-Site, Off-Site, and In-Home Individualized Skills and Socialization; 262.925, concerning Program Provider Reimbursement for On-Site, Off-Site, and In-Home Individualized Skills and Socialization; and 262.927, concerning Enhanced Staffing Rate, in Texas Administrative Code (TAC), new Chapter 262, Subchapter J, Individualized Skills and Socialization.   These rules will be published in the Texas Register on August 12, 2022. The comment period will end on September 12, 2022.

      3. LIDDA Service Coordination Qualification

        The purpose of the amendment is to change minimum qualifications for service coordinators in §331.17. By expanding the hiring qualifications for service coordinators, local intellectual and developmental disability authorities (LIDDAs) will have an increased pool of skilled applicants. These rules were published in the Texas Register on July 22, 2022 and the comment period ends on August 22, 2022.

      4. School Health and Related Services (SHARS) 504 Audiology Services and Parental Consent 

        The proposed amendment will restate and clarify the federal requirement to obtain parental consent to access a student’s Medicaid in order to receive Medicaid reimbursement for all SHARS services. HHSC is also proposing language to align these rules with 1 TAC §355.8443, concerning Reimbursement Methodology for School Health and Related Services (SHARS), and other clarifying language. These rules were published in the Texas Register on August 5, 2022 and the comment period ends on September 6, 2022.

    2. Not yet submitted to the Texas Register for APA public comment
      1. Home and Community-based Services Program

        The proposal repeals §§9.151, 9.152, 9.154 - 9.170, 9.186, and 9.189 - 9.192 in Texas Administrative Code (TAC) Title 40, Part 1, Chapter 9, Subchapter D, relating to the Home and Community-based Services (HCS) Program and proposes new rules in 26 TAC Chapter 263, relating to Home and Community-based Services and Community First Choice (CFC) Services. The purpose of the proposal is to move certain HCS Program rules from 40 TAC Chapter 9, Subchapter D to 26 TAC Chapter 263.

      2. Texas Home Living (TxHmL) Update

        The proposal repeals §§9.551, 9.552, 9.554, 9.556, 9.558, 9.560 - 9.563, 9.566 - 9.568, 9.570, 9.571, 9.573 – 9.575, 9.582, and 9.583 in Texas Administrative Code (TAC) Title 40, Part 1, Chapter 9, Subchapter N, relating to the Texas Home Living (TxHmL) Program and proposes new rules in 26 TAC Chapter 262, relating to Texas Home Living (TxHmL) Program and Community First Choice (CFC). The purpose of the proposal is to move certain TxHmL Program rules from 40 TAC Chapter 9, Subchapter N to 26 TAC Chapter 262 and ensure that the TxHmL Program complies with the requirements in Title 42, Code of Federal Regulations (CFR), Chapter IV, Subchapter C, Part 441, Subpart G, §441.301(c)(1) - (5).

      3. Transition Assistance Services 

        The purpose of the proposed amendments is to replace the reference to the Department of Aging and Disability Services (DADS) with the Texas Health and Human Services Commission (HHSC), revise references to program rules and make minor editorial changes for clarity.
  6. Public Comment
  7. Proposed next meeting: November 10, 2022, at 9:00 a.m.
  8. Adjourn

Public Comment: HHSC welcomes public comments pertaining to topics related to eligibility, health and medical care services, and policies that govern the administration of the Texas Medicaid program. 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/MCAC_PCReg_Aug2022 no later than 5:00 p.m. Tuesday, August 9, 2022. 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 MCAC members and State staff. Handouts are limited to two pages (paper size: 8.5” by 11”, one side only). Handouts must be emailed to Julyya.alvarez@hhs.texas.gov immediately after pre-registering, but no later than 5:00 p.m. Tuesday, August 9, 2022, 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 MCAC members and State staff.

  2. Written comments: Members of the public may provide written public comments by completing a Public Comment Registration form at https://texashhsmeetings.org/MCAC_PCReg_Aug2022. A member of the public who wishes to provide written public comments must email the comments to Julyya.alvarez@hhs.texas.gov no later than 5:00 p.m. Tuesday, August 9, 2022. Please include your name and the organization you are representing or that you are speaking as a private citizen. Written comments must be emailed to HHSC immediately after pre-registering and include the name of the person who will be commenting. Written comments are limited to two pages (paper size: 8.5” by 11”, one side only). Do not include health or other confidential information in your comments. Staff will not read written comments aloud during the meeting, but comments will be provided to MCAC members and State staff.

  3. 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.

Note: These procedures may be revised at the discretion of HHSC.

Contact: Questions regarding agenda items, content, or meeting arrangements should be directed to Julyya Alvarez, Advisory Committee Coordinator, Medicaid and CHIP Services Department at Julyya.alvarez@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 Julyya Alvarez at Julyya.alvarez@hhs.texas.gov at least 72 hours before the meeting so appropriate arrangements can be made.