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   Policy Update Archive
STATE

ICD-10 Update:
Administrative Simplification: Adoption of a Standard for a Unique Health Plan Identifier; Addition to the National Provider Identifier Requirements; and a Change to the Compliance Date for ICD-10-CM and ICD-10-PCS Medical Data Code Sets
Comments accepted until May 17, 2012 - Addresses for comments are available in applicable sections of the proposed rules, available at the link above.

Notice of Public Hearing on Medicaid Reimbursement Rates for Dental Services
November 14, 2012 - 1:30 pm
Lone Star Conference Room of HHSC
Braker Center, Building H
11209 Metric Boulevard
Austin, Texas
Briefing Packet

Proposed Rules--DSHS - Concerning reporting of health care-associated infections and preventable adverse events.  11/30/2012

Withdrawn Rules--HHSC - Concerning reimbursement rates.  11/30/2012

Adopted Rules--HHSC - Concerning Medicaid vision program.  11/30/2012

Adopted Rules--HHSC - Concerning Texas Health Steps and eyeglasses for children.  11/30/2012

Adopted Rules--Texas State Board of Pharmacy - Concerning all classes of pharmacies - inventory requirements.  11/30/2012

Adopted Rules--DADS - Nursing facility licensing requirements and certification for Medicaid.  11/30/2012

Proposed Rules--HHSC - Concerning telemedicine and Medicaid reimbursement.  11/16/201212

Proposed Rules--HHSC - Concerning advanced telecommunications services.  11/16/2012

Withdrawn Rules--HHSC - Concerning reimbursement.  11/16/2012

Withdrawn Rules--DADS - Concerning community care for the aged and disabled.  11/16/2012

Withdrawn Rules--DADS - Concerning medically dependent children.  11/16/2012

Adopted Rules--HHSC - Concerning reimbursement rates.  11/16/2012

Adopted Rules--DADS - Concerning nursing facility licensure and Medicaid certification.  11/16/2012

Adopted Rules--DADS - Concerning adult day care and day activity and health service requirements.  11/16/2012

Proposed Rules--DSHS - Concerning Children with Special Health Care Needs Service Program.  11/02/2012

Adopted Rules--DSHS - Concerning Hosptial Licensing.  11/02/2012

Adopted Rules--HHSC - Concerning Reimbursement Rates.  09/28/2012

Adopted Rules--Texas Board of Physical Therapy Examiners - Regarding licensing, displaying license and renewing license.  09/28/2012

Proposed Amendment--HHSC - Concerning hospital inpatient Medicare billing. 04/13/12

Proposed Amendment
--HHSC - Concerning provider participation requirements - removing obsolete language concerning urban Medicaid participation. 04/13/12

Proposed Amendment--HHSC - Concerning the Vendor Drug Program. 04/13/12

Proposed Amendment--HHSC - Concerning Pharmacy Claims. 04/13/12

Proposed Amendment--HHSC - Texas Drug Code Index - Additions, Retentions and Deletions. 04/13/12

Proposed Amendment--HHSC - Concerning Medicaid Drug Vendor Program drug pricing rules. 04/13/12

Proposed Amendment  --Department of State Health Services (DSHS) - Concerning Licensed Chemical Dependency Counselors. 04/13/12

Proposed Amendment--Department of Aging and Disability Services (DADS) - Administrative responsibilities of state facilities. 04/13/12

Proposed Amendment--DADS - Concerning Intellectual Disability Services, Medicaid State Operating Agency Responsibilities

Adopted Amendments--HHSC - Concerning programs administered by DADS: General Reporting and Documentation Requirements, Methods, and Procedures; Attendant Compensation Rate Enhancement;  Direct Care Staff Rate Component; Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs; Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program; and Reimbursement Methodology for Primary Home Care.  Amendments adopted without changes to the proposed text as published in the January 13, 2012, issue of the Texas Register (37 TexReg 95) and will not be republished.

Election and Appointment of Officers--Texas State Board of Pharmacy, filed 03/13/2012

Proposed amendment 03/16/2012--State Board of Examiners of Psychologists - Regarding supervision.  The amendments would require that supervisors of a practicum, internship or period of supervised experience required for licensure provide written performance reports for the supervisee at least every three months. 

Proposed amendment 03/16/2012--State Board of Examiners of Psychologists - Regarding administrative rules.
The new rule would require the respondent in a contested case before the State Office of Administrative Hearings to enter an appearance in the case and state, in short and plain terms, its defenses to each claim asserted against it and admit or deny, either in whole or in part, the allegations asserted against it.

---Comments on the two proceding State Board of Examiners of Psychologists proposals may be submitted within 30 days of publication of this proposal in the Texas Register to:
Brenda Skiff
Texas State Board of Examiners of Psychologists
333 Guadalupe, Suite 2-450
Austin, Texas 78701
(512) 305-7700 
brenda.skiff@tsbep.state.tx.us 

Adopted Rules 03/16/2012--Texas Optometry Board - Concerning licenses for a limited period

Adopted Rules 03/16/2012--State Board of Examiners of Psychologists - Three categories of rulings:  General Rulings; Applications and Examinations; and Complaints and Enforcement

Proposed submission 03/09/2012
--HHSC - The purpose of this amendment is to add the staff credential of family partner to the list of personnel who are qualified to provide mental health rehabilitative skills training and development and medication training and support under the Medicaid State Plan.

Proposed submission 03/09/2012--HHSC - The intent of the proposed amendment is to convert the reimbursement methodology for non-emergency medical transportation services from fee-for-service to full risk capitation in the following designated counties: Austin, Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jasper, Jefferson, Liberty, Matagorda, Montgomery, Newton, Orange, Polk, San Jacinto, Tyler, Walker, Waller, and Wharton.

Proposed Rules 03/09/2012--Texas Medical Board (TMB) - Ten new proposed rules from TMB posted on the 03/09 Texas Register. 

Adopted Rules 03/09/2012--HHSC - Medicaid Health Services, Women's Health Program

Withdrawn Rules 03/09/2012--Texas State Board of Pharmacy

Withdrawn Rules  03/09/2012--State Board of Examiners for Speech-Language Pathology and Audiology

Withdrawn Rules 03/09/2012--Department of Assistive and Rehabilitative Services (DARS)

Adopted Rules 02/09/2012--Texas Board of Physical Therapy Examiners - Concerning defintions, license renewal, physical therapy practice setting and registration of facilities

Adopted Rules 02/09/2012--Texas Board of Chiropractic Examiners - Concerning "grossly unprofessional conduct"

Proposed Rules 02/09/2012--Texas Board of Physical Therapy Examiners - Concerning licensure, display of license, license renewal and registration of physical therapy facilities

Propose Rules 02/09/2012--Texas Board of Occupational Therapy Examiners - Concerning display of license, license renewal, inactive and retired status, and registration of facilities

Proposed Rule 02/09/2012--Texas Board of Chiropractice Examiners - Concerning publicity

Proposed Rule 02/03/2012--DSHS - Concerning the reporting of health care-associated infections.
For further information, please call: (512) 776-6972

Proposed Rule 02/03/2012--DSHS - Concerning adverse licensing, listing, or registration decisions.
For further information, please call: (512) 776-6972

Proposed Rule 02/03/2012--HHSC - Concerning Reimbursement Rates
HHSC is implementing a web-based cost-reporting system, the State of Texas Automated Information and Reporting System (STAIRS), to replace its existing cost-reporting system. The current cost-reporting system identifies each data item by an item number, making it clear that the term "line item" refers to a numbered item on the cost report. STAIRS does not have item numbers. With the elimination of line item numbers under the STAIRS system, a definition of "line item" to accommodate both the current cost-reporting system and the new STAIRS system is needed to avoid confusion and misinterpretation.
Questions or Comments:
Judy Myers
judy.myers@hhsc.state.tx.us
(512) 491-1179
Comments due in writing by 03/02/2012

Rule Review 01/27/2012--Texas Board of Nursing - Concerning Patient Safety Pilot Programs on Nurse Reporting Systems. 
Submit written comments until 02/24/2012 to:

Lance Brenton, Assistant General Counsel
Texas Board of Nursing
333 Guadalupe, Suite 3-460
Austin, Texas 78701

lance.brenton@bon.texas.gov,

Fax: (512) 305-8101.

Information for Patients from DSHS and HHSC concerning Ryan White, Texas HIV Medication Program and Medicaid

Adopted Amendments 01/20/2012--HHSC - Reimbursement rates - concerning Transition-Period Waiver Payments to Hospitals and concerning Transition-Period Waiver Payments for Physician Services.

Proposed Rule 01/20/2012--HHSC - Regarding reimbursement rates for Medicaid hospital services.  Related to the information in the link above (Adopted Amendments 01/20/2012) as well.

Proposed Rules 01/20/2012--Texas Board of Chiropractic Examiners - Regarding advertising and regarding professional conduct.

Adopted Rules 01/20/2012--Texas Board of Chiropractic Examiners - Regarding fees.

Adopted Rule 01/20/2012--HHSC - Concerning Indian Health Services.

Proposed Amendments 01/13/2012--HHSC - Proposed amendments regarding reimbursement rates - concerning general reporting and documentation requirements, methods, and procedures; concerning attendant compensation rate enhancement; concerning direct care staff rate component; concerning reimbursement methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs; concerning reimbursement methodology for the Community Living Assistance and Support Services Waiver Program; and concerning reimbursement methodology for Primary Home Care

Proposed Amendments 01/13/2012--TMB - Regarding licensure of Physician Assistants.

Proposed Rule Reviews 01/13/2012--TMB - Proposal to review rules related to Physician Assistants and request for comments.

Adopted Rules 01/13/2012--Texas Board of Nursing adopted amendments related to failure to renew license and relating to inactive status.

Adopted Rules 01/13/2012--DADS - Regarding Nursing Facility requirements for licensure and Medicaid certification, regarding Intermediate Care Facilities for persons with mental retardation or related conditions, regarding licensing standards for Assisted Living Facilities, regarding licensing standards for Home and Community Support Service Agencies, regarding Adult Day Care and Day Activity and Health Services requirements and regarding denial or refusal of license.

Adopted Amendments 01/06/2012--Texas Board of Nursing adopted amendments related to Incident-Based Nursing Peer Review and Whistleblower Protections and Safe Harbor Peer Review for Nurses and Whistleblower Protections.

Proposed Rule Changes - Taking Public Comments 01/06/2012--TMB proposed rule changes regarding physician employment by nonprofit entities, Physician Assistants restriction on ownership and liability insurance for physicians employed by hospitals. 

Rule Review, Request for Comment--Texas Board of Occupational Therapy Examiners - Rule review to occur at next board meeting, May 18, 2012. The Board will review comments and vote on re-adopting the rules or not. Comments from the public accepted until the rules are re-adopted.

The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 15, 2012, at 1:30 p.m. to receive comment on:
  *  proposed Medicaid payment rates for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies (DMEPOS);
  *  proposed Medicaid payment rates for annual Healthcare Common Procedure Coding System (HCPCS) update; and
  *  proposed Medicaid payment rates for the Medicaid Biennial Calendar Fee Review.

The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through security at the main entrance of the building, which faces Metric Boulevard.
For more information, visit the links above.

Texas HHSC will conduct a public hearing on February 28, 2012, at 1:00p.m. to receive public comment on proposed rates for Community Living Supports - Bachelor's Level, Community Living Supports - Master's Level, and Family Supports Services in the Youth Empowerment Services (YES) Waiver.

The public hearing will be held in the Lone Star Conference Room of the Texas Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act accommodation or auxiliary aids or services should contact Esther Brown by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.

For more information, including the link to obtain a briefing packet with information that will be addressed at the February 28 meeting, click here


Adopted Rules 01/13/2012--Texas Board of Nursing adopted amendments related to failure to renew license and relating to inactive status.

Adopted Rules 01/13/2012--DADS - Regarding Nursing Facility requirements for licensure and Medicaid certification, regarding Intermediate Care Facilities for persons with mental retardation or related conditions, regarding licensing standards for Assisted Living Facilities, regarding licensing standards for Home and Community Support Service Agencies, regarding Adult Day Care and Day Activity and Health Services requirements and regarding denial or refusal of license.

Adopted Amendments 01/06/2012--Texas Board of Nursing adopted amendments related to Incident-Based Nursing Peer Review and Whistleblower Protections and Safe Harbor Peer Review for Nurses and Whistleblower Protections.

Adopted Amendments 01/06/2012
--The Texas Board of Occupational Therapy Examiners adopted amendments related to licensure.

Adopted Rules 12/30/2011
--HHSC - Regarding payments for services provided to clients eligible for both Medicare and Medicaid.
Adopted Rules 12/30/2011--HHSC - Regarding the definition of a "controlling person" for assisted living facilities - licensing standard.

Adopted Rules 12/16/2011--TMB - regarding joint ownership of practices and regarding corporate practice of medicine (physician employment)
Adopted Rules 12/16/2011--TMB - Procedural rules

Adopted Amendment 12/16/2011--Texas Medical Disclosure Panel - regarding informed consent

Adopted Amendment 12/09/2011--TMB - regarding disciplinary guidelines
Adopted Amendment 12/09/2011--TMB - regarding Texas Physician Health Program and Rehabilitation Orders.
Adopted Amendement 12/09/2011--TMB - regarding post-graduate training permits.

Proposed Rule Change 12/09/2011--State Board of Examiners for Speech-Language Pathology and Audiology: Rule change regarding licensing and regulation of speech-language pathologists and audiologists.

Proposed Rule Change 12/09/2011--Texas State Board of Examiners of Professional Counselors: Rule change regarding licensing and regulation of professional counselors.

Comments Requested:
Proposed Rule Change 12/09/2011--Texas State Board of Pharmacy: Rule change regarding community pharmacies.
Proposed Rule Change 12/09/2011--Texas State Board of Pharmacy: Rule change regarding licensing requirements for pharmacists. Earliest effective date: 01/08/2012.
For information on submitting a comment on current State Board of Pharmacy proposals, click here.

Request for Comments on Proposed Rule Change--Cancer Prevention and Research Institute of Texas (CPRIT): Proposed rule regarding certification of a tobacco-free policy for organizations receiving CPRIT funding.

FEDERAL

Advisory Meeting on Health Information Technology (HIT) Standards (05/24/2012 in Washington, DC)--The committee will hear reports from its workgroups, including the Clinical Operations, Vocabulary Task Force, Clinical Quality, Implementation, and Enrollment Workgroups.

Proposed Rules on Health Information Technology (HIT)--Office of the National Coordinator of Health Information Technology
Accepting comments until May 7, 2012
Text of rules and instructions for submitting comments at the link above.  Proposed rules and comment submission also available at this link.

Additional Request for Comments on HIT - Regarding Meaningful Use Stage 2 and Eligible Professionals (EPs), Eligible Hospitals (EHs) and Critical Access Hospitals (CAHs). 
Accepting comments until May 7.

National Health Service Corps--HRSA is seeking nominations to fill five vacancies on the Advisory Committee for the National Health Service Corps program. Nominations must be received by 03/28/2012.

Final Decision on Withdrawal of AVASTIN for Breast Cancer Treatment--FDA - Withdrawal of AVASTIN's breast cancer indication was effective November 18, 2011. The final ruling is now available, issued after receiving public comment.

Draft Guidance on Drug Safety--FDA - Posted 03/09/2012 
Comments accepted at any time.  Deadline for comments to be considered prior to final draft: 05/08/2012
Link to Guidance Document
Submit written requests for single copies of the draft guidance to:
 the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 51, rm. 2201,
Silver Spring, MD 20993-0002;
or
Office of Communication, Outreach and Development (HFM-40),
Center for Biologics Evaluation and Research (CBER), Food and Drug Administration,
1401 Rockville Pike, suite 200N,
Rockville, MD 20852-1448.
Send one self-addressed adhesive label to assist that office in processing your requests.

Correction for Error on Final Rule Regarding Hospital Prospective Payment System--CMS - Posted 01/31/2011
Related Links:
View Rule
View Tables
For more information, contact:
Brian Slater, (410) 786-4487

Final Rule on Medicare Prescription Drug Programs for Retirees--Posted 01/12/2012

Interim Final Rule on Electronic Fund Transfer Payments--CMS rule posting and request for comments.  Comments must be received by 03/12/2012.

Corrections posted for Medicare and Medicaid Payment Rules--Medicare and Medicaid Programs: Hospital Outpatient Prospective Payment; Ambulatory Surgical Center Payment; Hospital Value-Based Purchasing Program; Physician Self-Referral; and Patient Notification Requirements in Provider Agreements; Corrections

Corrections posted for Medicare Payment Policies--Medicare Program; Payment Policies Under the Physician Fee Schedule, Five-Year Review of Work Relative Value Units, Clinical Laboratory Fee Schedule: Signature on Requisition, and Other Revisions to Part B for CY 2012

National Residency Match Process Revamped--Instead of "the scramble" following the match, a more structured approach to unfilled residency positions. Questions and comments should be sent to NRMP Executive Director Mona M. Signer by email at nrmp@aamc.org, by fax to 202-828-4797, or by U.S. mail c/o the National Resident Matching Program, 2450 N Street, NW, Washington, DC 20037.
Link to an article from the AMA regarding changes to the match.
Final Rule - Regarding Medical Benefits for Newborns of Certain Women Veterans
Effective 12/19/2011

Final Rule Regarding Emergency Hospital Care and Emergency Services for Veterans at Non-VA Facilities
Effective date 01/20/2012

Availability of Medicare Data for Performance Measurement 12/07/2011--Final rule from CMS with comments and responses from the agency.  Effective date 01/06/2012.

CDC Request for Comments 11/29/2011--Request for comments on proposed data collection related to the Community Transformation Grant program. Deadline for comments is 60 days from the date of the notice.

CMS Update 11/29/2011--Medicare to cover screening and counseling for obesity in primary care setting.

Comment Request 11/29/2011--CMS proposed changes to required documentation for Rural Health Clinics and changes to documentation for Laboratory Personnel Reports.

CMS Updates 11/17/2011--Related to Rural Health Clinics (RHCs) and Federally Qualified Health Clinics (FQHCs)

HIPPA Version 5010, Version D.0 and Version 3.0 Compliance Information--CMS website with navigation on the right side regarding electronic claims for physicicans and pharmacies. Click on the following link for American Medical Association fact sheets and toolkit.

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