Health and Human Services Commission Executive Council Agenda

February 15, 2024 - 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

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. Rule proposals*
    1. Administrative Procedures Act (APA) public comment period has closed†
      None
    2. Submitted to the Texas Register – APA public comment period has not closed‡
      1. Texas Department of State Health Services (DSHS) proposes amendments to rules in TAC, Title 25, Part 1, Chapter 229, Food and Drug, Subchapters U and Z, concerning Retail Food Permitting
      2. DSHS proposes amendments to rules, new rules, and the repeal of rules in TAC, Title 25, Part 1, Chapter 157, Emergency Medical Care, Subchapters A and G, concerning Trauma Designation
      3. DSHS proposes an amendment to a rule in TAC, Title 25, Part 1, Chapter 265, General Sanitation, Subchapter L, §265.190, concerning Public Swimming Pools and Spas Signage Requirement
      4. HHSC proposes amendments to rules and the repeal of rules in TAC, Title 1, Part 15, Chapter 382, Women's Health Services, Subchapters A and B, concerning Women’s Health Services Updates
      5. HHSC proposes an 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, §351.825, concerning Texas Brain Injury Advisory Council Chapter Extension
      6. HHSC proposes amendments to rules, new rules, and the repeal of rules in TAC, Title 26, Part 1, Chapter 88, State Long-Term Care Ombudsman Program, Subchapters A, B, C, D, E, F, and G, concerning State Long-Term Care Ombudsman Program
      7. HHSC proposes amendments to rules in TAC, Title 1, Part 15, Chapter 354, Medicaid Health Services, Subchapter A, §354.1271, Chapter 366, Medicaid Eligibility for Women, Children, Youth, And Needy Families, Subchapters C, H, and J, and Chapter 370, State Children's Health Insurance Program, Subchapters B and C, concerning Extending Postpartum Coverage
      8. HHSC proposes new rules in TAC, Title 26, Part 1, Chapter 307, Behavioral Health Program, Subchapter G, Divisions 1 and 2, concerning Mental Health Grant Program for Justice-Involved Individuals and Rural Initiatives Grant Program
      9. HHSC proposes new rules in TAC, Title 26, Part 1, Chapter 307, Behavioral Health Programs, Subchapter F, §§307.251, 307.253, 307.255, 307.257, 307.259, 307.261, 307.263, 307.265, and 307.267, concerning Behavioral Health Partnership Program
      10. HHSC proposes a new rule in TAC, Title 1, Part 15, Chapter 371, Medicaid and Other Health and Human Services Fraud and Abuse Program Integrity, Subchapter G, §371.1723, concerning Office of Inspector General Retrospective Payment Review Procedures
    3. Not yet submitted to the Texas Register for APA public comment
      1. HHSC proposes amendments to rules in TAC, Title 26, Part 1, Chapter 744, Minimum Standards for School-Age and Before or After-School Programs, Chapter 745, Licensing, Chapter 746, Minimum Standards for Child-Care Center, Chapter 747, Minimum Standards for Child-Care Homes, and Chapter 748, Minimum Standards for General Residential Operations, concerning New Affidavit Requirement for Child-Care Facilities
      2. HHSC proposes amendments to rules, new rules, and the repeal of rules in TAC, Title 26, Part 1, Chapter 559, Day Activity and Health Services Requirements, Subchapters A - G, concerning Day Activity and Health Services Modernization and Reorganization
      3. HHSC proposes amendments to rules in TAC, Title 26, Part 1, Chapter 554, Nursing Facility Requirements for Licensure and Medicaid Certification, and Chapter 555, Nursing Facility Administrators, amendments to rules, new rules, and the repeal of rules in Chapter 556, Nurse Aides, and amendments to rules in Chapter 557, Medication Aides--Program Requirements, concerning Nursing Facility, Nursing Facility Administrator, and Nurse and Medication Aides
  3. Behavioral Health Advisory Committee Recommendations*
  4. Recent Rule Adoptions - Information item not for discussion
    1. Adoptions submitted to the Texas Register that are not yet effective
      1. Provider Finance Department Name Rebrand, Published: 2/16/24, Effective: 2/22/24
      2. Reporting Requirement Novel Coronavirus Funding, Published 2/16/24, Effective 2/22/24
      3. Medicaid Third Party Recovery, Published: 2/16/24, Effective: 2/25/24
      4. Chemical Dependency Treatment Facility Audio Only Services, Published: 2/16/24, Effective: 2/25/24
    2. Adoptions that are effective
      1. Outpatient Hospital Reimbursement Methodology, Effective: 11/26/23
        https://www.sos.texas.gov/texreg/archive/November172023/Adopted%20Rules/1.ADMINISTRATION.html#66
      2. Medicaid Ambulance Services, Effective: 11/27/23
        https://www.sos.texas.gov/texreg/archive/November242023/Adopted%20Rules/1.ADMINISTRATION.html#79
      3. Allergen Poster and Training, Effective: 12/1/23 
        https://www.sos.texas.gov/texreg/archive/November242023/Adopted%20Rules/25.HEALTH%20SERVICES.html#131
        https://www.sos.texas.gov/texreg/archive/November242023/Adopted%20Rules/25.HEALTH%20SERVICES.html#133
      4. Department of State Health Services Military Service License, Effective: 12/1/23
        https://www.sos.texas.gov/texreg/archive/November242023/Adopted%20Rules/25.HEALTH%20SERVICES.html#128
      5. Texas Health and Human Services Commission Military Service License, Effective: 12/1/23 
        https://www.sos.texas.gov/texreg/archive/November242023/Adopted%20Rules/1.ADMINISTRATION.html#77
      6. Freestanding Emergency Medical Care Facilities, Effective: 12/4/23
        https://www.sos.texas.gov/texreg/archive/December12023/Adopted%20Rules/25.HEALTH%20SERVICES.html#100   https://www.sos.texas.gov/texreg/archive/December12023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#110
      7. Modification to Nursing Facility Administrator Internship Requirements, Effective: 12/6/23 
        https://www.sos.texas.gov/texreg/archive/December12023/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#116
      8. Electronic Visit Verification, Effective: 1/1/24
        https://www.sos.texas.gov/texreg/archive/December82023/Adopted%20Rules/1.ADMINISTRATION.html#52
      9. Title 40 Clean-up, Effective: 1/3/24
        https://www.sos.texas.gov/texreg/archive/December292023/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#186 https://www.sos.texas.gov/texreg/archive/December292023/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#188 https://www.sos.texas.gov/texreg/archive/December292023/Adopted%20Rules/40.SOCIAL%20SERVICES%20AND%20ASSISTANCE.html#190
      10. Hospital at Home Program, Effective 1/25/24
        https://www.sos.texas.gov/texreg/archive/January192024/Adopted%20Rules/25.HEALTH%20SERVICES.html#22
      11. Directed Payment Program for Behavioral Health Services, Effective 1/25/24
        https://www.sos.texas.gov/texreg/archive/January192024/Adopted%20Rules/1.ADMINISTRATION.html#21
      12. Rural Access to Primary and Preventive Services, Effective 1/25/24
        https://www.sos.texas.gov/texreg/archive/January192024/Adopted%20Rules/1.ADMINISTRATION.html#20
      13. Texas Incentives for Physicians and Professional Services, Effective 1/28/24
        https://www.sos.texas.gov/texreg/archive/January262024/Adopted%20Rules/1.ADMINISTRATION.html#51
      14. Comprehensive Hospital Increase Reimbursement Program Pay for Performance, Effective 1/29/24 
        https://www.sos.texas.gov/texreg/archive/January262024/Adopted%20Rules/1.ADMINISTRATION.html#50
      15. Quality Incentive Payment Program for Nursing Facilities, Effective 1/30/24
        https://www.sos.texas.gov/texreg/archive/January262024/Adopted%20Rules/1.ADMINISTRATION.html#49
  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: HHSC welcomes public comments pertaining to topics related to above agenda items 2 and 3. Members of the public who would like to provide public comment on either of those items 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/HHSCExecCouncil_PCReg_Feb2024 no later than 5:00 p.m. Tuesday, February 13, 2024. 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, February 13, 2024, 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, HHSC Executive Council liaison at 512-438-2897 or 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.