Health and Human Services Commission Executive Council Agenda

February 16, 2023 - 10:00 am

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

Webcasting Available

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 meeting
    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. Agency updates
    1. Rule process overview
    2. 88th Texas Legislative session overview
  3. Rule proposals*
    1. Administrative Procedures Act (APA) public comment period has closed†
      1. Texas Health and Human Services Commission (HHSC) proposes new rules in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter R, §§353.1501 - 353.1506, concerning Telecommunications for Managed Care Service Coordination and Assessments
      2. Department of State Health Services (DSHS) proposes the amendments to rules and a new rule in TAC, Title 25, Part 1, Chapter 133, Hospital Level of Care Designations for Neonatal Care, Subchapter J, §§133.181 - 133.191, concerning Hospital Level of Care Designations for Neonatal Care
    2. Submitted to the Texas Register – APA public comment period has not closed‡
      1. HHSC proposes the repeal of rules in TAC, Title 40, Part 1, Chapter 9, Intellectual Disability Services--Medicaid State Operating Agency Responsibilities, Subchapter D, and new rules in Title 26, Part 1, Chapter 565, Subchapters B - G, Home and Community-based Services (HCS) Program Certification Standards, concerning Long-term Care Regulatory Certification Principle Re-Write
      2. HHSC proposes a new rule in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter G, §353.610, concerning Nursing Facility Minimum Performance Standards
    3. Not yet submitted to the Texas Register for APA public comment
      1. DSHS proposes the amendment to a rule in TAC, Title 25, Part 1, Chapter 300, Manufacture, Distribution, and Retail Sale of Consumable Hemp Products, Subchapter A, §300.104, concerning Consumable Hemp Products for Smoking
      2. HHSC proposes the amendment to a rule in TAC, Title 26, Part 1, Chapter 301, IDD-BH Contractor Administrative Functions, Subchapter G, Division 2, §301.327, concerning Mental Health Community Services Crisis Hotline
      3. HHSC proposes the repeal of a rule in TAC, Title 26, Part 1, Chapter 554, Nursing Facility Requirements for Licensure and Medicaid Certification, Subchapter X, §554.2312, concerning Surety Bonds or Letters of Credit
      4. HHSC proposes the repeal of rules in TAC, Title 40, Part 19, Chapter 745, Licensing, Subchapter K, and new rules in TAC, Title 26, Part 1, Chapter 745, Licensing, Subchapters B, I, and K, concerning Inspections and Investigations
      5. HHSC proposes the amendment to rules and new rules in TAC, Title 26, Part 1, Chapter 748, Minimum Standards for General Residential Operations, Subchapters C, D, and E, concerning Employee Reference Checks in General Residential Operations
  4. Advisory Committee Recommendations*
    1. Behavioral Health Advisory Committee
    2. Intellectual and Developmental Disabilities System Redesign Advisory Committee
    3. Policy Council for Children and Families
    4. State Medicaid Managed Care Advisory Committee
    5. Value-Based Payment and Quality Improvement Advisory Committee
  5. Recent Rule Adoptions - Information item not for discussion
    1. Adoptions submitted to the Texas Register that are not yet effective
      1. Emergency Planning for the Continued Treatment and Safety of End-Stage Renal Disease Facility Patients, Published: 2/17/23; Effective: 2/21/23
      2. Required Disclosure of Prices for Certain Hospital Items and Services, Published: 2/17/23, Effective: 2/26/23
      3. Texas Simplified Application Project, Published: 2/17/23, Effective: 2/26/23
      4. Funeral Agreements, Published: 2/17/23, Effective: 2/26/23
      5. Deaf Blind with Multiple Disabilities Program Updates, Published: 2/17/23, Effective: 2/26/23
      6. Comprehensive Rule Review: Chapter 744 Minimum Standards for School-Age and Before or After-School Programs, Published: 2/17/23, Effective: 3/1/23
      7. Comprehensive Rule Review: Chapter 746 Minimum Standards for Child-Care Centers, Published: 2/17/23, Effective: 3/1/23
      8. Comprehensive Rule Review Chapter 747 Minimum Standards for Child-Care Homes, Published: 2/17/23, Effective: 3/1/23
    2. Adoptions that are effective
      1. Death of an Individual Served, Effective: 12/18/22
        https://www.sos.texas.gov/texreg/archive/December92022/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#77
        https://www.sos.texas.gov/texreg/archive/December92022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#74
      2. Preliminary Rates Update, Effective: 12/20/22
        https://www.sos.texas.gov/texreg/archive/December162022/Adopted%20Rules/1.ADMINISTRATION.html#88
      3. Protections for Children on the Grounds or Premises, Effective: 12/21/22
        https://www.sos.texas.gov/texreg/archive/December92022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#50
        https://www.sos.texas.gov/texreg/archive/December92022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#53
        https://www.sos.texas.gov/texreg/archive/December92022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#56
        https://www.sos.texas.gov/texreg/archive/December92022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#58
        https://www.sos.texas.gov/texreg/archive/December92022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#67
      4. Ombudsman Rule Chapter Update, Effective: 12/21/22 https://www.sos.texas.gov/texreg/archive/December162022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#101
      5. Electronic Monitoring at State Supported Living Centers, Effective: 12/21/22 https://www.sos.texas.gov/texreg/archive/December162022/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#120
        https://www.sos.texas.gov/texreg/archive/December162022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#107
      6. Individualized Skills and Socialization in the Deaf Blind with Multiple Disabilities Program, Effective: 1/1/23 https://www.sos.texas.gov/texreg/archive/December232022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#169
      7. Individualized Skills and Socialization in the Home and Community-based Services Program and Texas Home Living Program, Effective: 1/1/23 https://www.sos.texas.gov/texreg/archive/December232022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#171
        https://www.sos.texas.gov/texreg/archive/December232022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#173
      8. Individualized Skills and Socialization License, Effective: 1/1/23 https://www.sos.texas.gov/texreg/archive/December232022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#176
      9. Public Swimming Pools and Spas, Effective: 1/1/23 https://www.sos.texas.gov/texreg/archive/December232022/Adopted%20Rules/25.HEALTH%20SERVICES.html#163
      10. Certificate of Public Advantage Rules Update, Effective: 1/1/23 https://www.sos.texas.gov/texreg/archive/December232022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#184
      11. Human Immunodeficiency Virus Prevention, Testing, and Treatment in State Supported Living Centers, Effective: 1/1/23
        https://www.sos.texas.gov/texreg/archive/December232022/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#203
        https://www.sos.texas.gov/texreg/archive/December232022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#191
      12. Home and Community-Based Services and Texas Home Living Appeals Move to Texas State Office of Administrative Hearings, Effective 1/1/23
        https://www.sos.texas.gov/texreg/archive/December232022/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#205
        https://www.sos.texas.gov/texreg/archive/December232022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#167
      13. Court Appointed Special Advocates Contract Update, Effective: 1/5/23 https://www.sos.texas.gov/texreg/archive/December302022/Adopted%20Rules/1.ADMINISTRATION.html#83
      14. Hospital Level of Care Designations for Maternal Care, Effective: 1/8/23 https://www.sos.texas.gov/texreg/archive/December302022/Adopted%20Rules/25.HEALTH%20SERVICES.html#95
      15. Waiver Payments to Physician Group Practices for Uncompensated Charity Care, Effective: 1/10/23 https://www.sos.texas.gov/texreg/archive/January62023/Adopted%20Rules/1.ADMINISTRATION.html#27
      16. Medicaid Telemedicine, Telehealth and Audio-only Delivery, Published: 1/20/23, Effective: 1/23/23 https://www.sos.texas.gov/texreg/archive/January202023/Adopted%20Rules/1.ADMINISTRATION.html#19
      17. Administrative Reviews and Due Process Hearings, Published: 1/20/23, Effective: 1/26/23
        https://www.sos.texas.gov/texreg/archive/January202023/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#68 https://www.sos.texas.gov/texreg/archive/January202023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#55
      18. Long-Term Care Regulatory Emergency Communication System, Published: 1/20/23, Effective: 1/24/23
        https://www.sos.texas.gov/texreg/archive/January202023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#37
        https://www.sos.texas.gov/texreg/archive/January202023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#40
        https://www.sos.texas.gov/texreg/archive/January202023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#42
        https://www.sos.texas.gov/texreg/archive/January202023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#44
        https://www.sos.texas.gov/texreg/archive/January202023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#46
        https://www.sos.texas.gov/texreg/archive/January202023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#49
        https://www.sos.texas.gov/texreg/archive/January202023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#51
        https://www.sos.texas.gov/texreg/archive/January202023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#53
      19. Community Living Assistance and Support Services Program Updates, Published: 1/27/23, Effective: 1/30/23
        https://www.sos.texas.gov/texreg/archive/January272023/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#115
        https://www.sos.texas.gov/texreg/archive/January272023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#83
      20. Outpatient Competency Restoration, Effective: 2/9/23 https://www.sos.texas.gov/texreg/archive/February32023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#83
      21. Nursing Facility Utilization Review, Effective: 2/9/23 https://www.sos.texas.gov/texreg/archive/February32023/Adopted%20Rules/1.ADMINISTRATION.html#43
      22. Texas Department of Family and Protective Services Expansion of Community-Based Care Purchasing Rules, Effective: 2/9/23 https://www.sos.texas.gov/texreg/archive/February32023/Adopted%20Rules/1.ADMINISTRATION.html#46
  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 above agenda items 3 and 4. 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_Feb2023 no later than 5:00 p.m. February 14, 2023. 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. February 14, 2023, 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.