Comment on Proposed and Draft Rules

HHSC is changing the rules on training for state hospital and state supported living center staff. As changed, the rules for both are in the same chapter now. The rules also describe the topics and when to do the training.

Statute: Texas Health and Safety Code §552.052 and §555.024.

This project supports a Child Care Regulation program initiative and IT changes. The rules require a child-care operation to use its online Child Care Regulation Account to validate its controlling person list on a scheduled basis. This will ensure the controlling persons list is accurate to help improve children’s safety in child care.
 

Required by: Senate Bill 225, 87th Legislature, Regular Session, 2021
 

HHSC is adding a new rule that will let Local Intellectual and Developmental Disability Authorities (LIDDAs) deliver services more easily if there is a disaster by allowing flexibilities. Under the new rule, LIDDAs must follow HHSC guidance and protect health information. LIDDAs must notify people if the flexibilities apply to their services. The rule will make sure that people keep receiving LIDDA services if there is a disaster.

The rules require Medicaid health care managed care organizations (MCOs) to pay a doctor for providing certain types of medical services to a member while in school. The doctor does not need to be on an MCO's list of doctors or have approval in advance to be paid. This requirement for MCOs is in their contracts with the Texas Health and Human Services Commission.

Statute: Texas Government Code §531.0217(c-4), added by House Bill 1878 by the Texas Legislature in 2015. 

HHSC is changing the COVID-19 Fund Reporting rule. Hospitals and nursing facilities will be required to submit reports twice per year instead of monthly. Health care providers other than hospitals and nursing homes will no longer need to report.

Required by: House Bill 1, 88th Regular Session, 2023

The Texas Health and Human Services Commission (HHSC) is proposing to move part of the Comprehensive Hospital Increase Reimbursement Program (CHIRP) payments to a third component. The new component will be a pay-for-performance  payment for improving quality of care. Hospitals will be paid for the new component if they meet quality measures. HHSC will publish the quality metrics and performance requirements on its website. 

HHSC is changing the rules to follow state law, add and update definitions, and say which sections apply to managed care. The changes also add HHSC’s right to collect from settlement amounts for past or future payments for medical care and update words and phrases used in the rules. The changes will help the state collect payments for medical care from third parties, like a private health insurance company. The changes will also help make sure Medicaid is the payer of last resort.

Statute: Texas Human Resources Code §32.0424 

Required by: Senate Bill 1342, 88th Legislature, Regular Session, 2023

HHSC is changing the Directed Payment Program for Behavioral Health Services rule. The rule as changed explains some enrollment processes. The rule as changed also says that, beginning on September 1, 2024, the program will have only one component and that only certified community behavioral health clinics may be in the program.

The proposed amendment to the rule regarding Rural Access to Primary and Preventive Services will change the program from two components to one component. One component instead of two will simplify the program. The rule as changed also explains some enrollment-related processes. 

HHSC is changing the rule that describes the structure of the Texas Incentives for Physicians and Professional Services program. The rule, as amended, changes the way payments will be made under the program beginning on September 1, 2024. 

The rule as changed clarifies which facilities are eligible to participate in the Quality Incentive Payment Program. The rule as changed also modifies the structure of the program. Changes are proposed to begin in state fiscal year 2025.

HHSC is changing the rules to let chemical dependency treatment facilities deliver some services only by audio when HHSC decides it is clinically effective and safe. HHSC is also making the rules clearer. The rules implement House Bill 4, 87th Legislature, Regular Session, 2021.