Comment on Proposed and Draft Rules

Military Service License: The proposal implements Senate Bill 422 (88R), by amending §1.81 to add that active military service members that are stationed at a military installation in Texas and are currently licensed in good standing by another jurisdiction that has licensing requirements substantially equivalent. The proposed new §1.91 includes a rule for alternative licensing for military service members, military spouses, and military veterans to address amendments to Occupations Code, Sections 55.004 and 55.005. 

HHSC Military Service License: The proposal changes HHSC’s existing rule that recognizes certain out-of-state licenses held by military spouses. As amended, the rule would also apply to military service members. The proposal also makes a new rule for an alternative licensing process. This process is for military service members, spouses, and veterans. Both rules require HHSC to act within 30 days. 

Allergen Poster and Training: This rule project implements Senate Bill 812, 88th Legislature, by requiring DSHS-accredited Certified Food Manager (CFM) and Food Handler trainings to include a component on food allergen awareness and CFM examinations to contain questions on food allergen awareness.

Prior Authorization Timelines Reconsiderations and Information Accessibility: The rules reduce unnecessary prior authorization (PA) denials and delays in Medicaid managed care organization (MCO) decisions, standardize MCO processing of PA requests submitted with incomplete or insufficient documentation or information for a non-hospitalized member and require MCOs to post their PA requirements on their website in an accessible format. The rules implement Texas Government Code provisions added by Senate Bill 1207 from the 86th Legislature.

Electronic Visit Verification (EVV): These rules require Medicaid providers to use EVV to document providing home health care services to comply with federal law. This helps HHSC maintain federal funding. These rules add policies and procedures currently located in the EVV Policy Handbook. These rules allow HHSC to approve a provider’s proprietary EVV system, whether purchased or developed by the provider and gives providers another option for using an EVV system. These rules implement Senate Bill 1991 from the 86th Regular Session. 

Nursing Facility Administrator Internships: Texas Health and Safety Code Section 242.302 gives HHSC authority over applicant qualifications for Nursing Facility Administrator licenses. These proposed rule changes give an applicant more ways to qualify for a license based on experience and education, including by removing the 60-bed requirement for administrator-in-training internships. These changes will improve the safety and wellbeing of nursing facility residents by encouraging more qualified people to become licensed.

Provisional Kinship Foster Home Verifications: These rules allow Child-Placing Agencies (CPA) to issue provisional foster home verifications to kinship providers (adults who are related to or who have a longstanding and significant relationship with a foster child). The rules allow flexibility for a CPA to verify and support kinship foster homes as the homes work toward full verification and are directed by Senate Bill 1896, 87(R), 2021.

Allergen Poster and Training: This rule project implements Senate Bill 812, 88th Legislature, by requiring each retail food establishment to post a food allergen awareness poster in an area regularly accessible to the establishment’s employees.