Health and Human Services Commission Executive Council Agenda

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.
All attachments below are PDF unless otherwise noted.

  1. Welcome and opening remarks
    1. Call to order
    2. Roll call
    3. Explanation of proceedings using Microsoft Teams meeting
    4. Welcome and remarks
    5. Department of State Health Services commissioner’s remarks
    6. Department of Family and Protective Services commissioner’s remarks
    7. Inspector general’s quarterly report
    1. Eligibility update
    2. Legislative appropriations request update
    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. The Texas Health and Human Services (HHSC) proposes amendments to rules in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter L, §§355.8701 - 355.8705 and §355.8707, concerning Local Funding Reporting Rules
      2. HHSC proposes an amendment to a rule in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter J, §355.8058, concerning Inpatient Direct Graduate Medical Education Reimbursement (Word)
      3. The Department of State Health Services (DSHS) proposes an amendment to a rule and the repeal of a rule in TAC, Title 25, Part 1, Chapter 181, Vital Statistics, Subchapter B, §181.22 and §181.35, concerning Fees Charged for Vital Records Services
      4. DSHS proposes amendments to rules in TAC, Title 25, Part 1, Chapter 97, Communicable Diseases, Subchapter A, §§97.3, 97.4, and 97.6, concerning Control of Communicable Diseases
      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, §351.815, concerning Policy Council for Children and Families
      6. 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, §351.805, concerning State Medicaid Managed Care Advisory Committee Abolishment Date
      7. HHSC proposes amendments to rules in TAC, Title 26, Part 1, Chapter 263, Home and Community-based Services Program and Community First Choice, concerning Home and Community-based Services Prevocational Services
      8. HHSC proposes amendments to rules in TAC, Title 26, Part 1, Chapter 262, Texas Home Living Program and Community First Choice, Subchapters A - E and H, concerning Texas Home Living Prevocational Services
      9. HHSC proposes amendments to rules in TAC, Title 26, Part 1, Chapter 260, Deaf Blind with Multiple Disabilities Program and Community First Choice Services, concerning Deaf Blind with Multiple Disabilities Prevocational Services
      10. HHSC proposes an amendment to a rule in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter E, §353.421, concerning Participation in Disease Management Programs in Texas Medicaid
      11. HHSC proposes an amendment to a rule in TAC, Title 1, Part 15, Chapter 353, Medicaid Managed Care, Subchapter O, §353.1311, concerning Texas Incentives for Physicians and Professional Services Pay-for-Performance Quality Reporting
      12. HHSC proposes an amendment to a rule in TAC, Title 1, Part 15, Chapter 355, Reimbursement Rates, Subchapter J, Division 28, §355.8549, concerning Medicaid Coverage and Reimbursement for Non-Opioid Treatments
      13. HHSC proposes an amendment to a rule in TAC, Title 1, Part 15, Chapter 375, Refugee Cash Assistance and Medical Assistance Programs, Subchapter G, §375.701 and the repeal of rules in Subchapters A - F; and an amendment to a rule in TAC, Title 1, Part 15, Chapter 376, Refugee Social Services, §376.1001 and the repeal of rules in Subchapters A - I, concerning Refugee Program
      14. HHSC proposes an amendment to a rule in TAC, Title 26, Part 1, Chapter 745, Licensing, Subchapter N, Division 7, §745.9037, concerning Child Care Administrators License Implementation
      15. HHSC proposes an amendment to a rule in TAC, Title 25, Part 1, Chapter 133, Hospital Licensing, §133.45; in TAC, Title 26, Part 1, Chapter 509, Freestanding Emergency Medical Care Facilities, §509.47, Chapter 510, Private Psychiatric Hospitals and Crisis Stabilization Units, §510.44, and Chapter 511, Limited Services Rural Hospitals, §511.62, concerning Sexual Assault Response Training and Prohibited Discharge
      16. HHSC proposes a new rule in TAC, Title 26, Part 1, Chapter 564, Chemical Dependency Treatment Facilities, Subchapter C, §564.39, concerning Substance Misuse Educational Program
      17. HHSC proposes an amendment to a rule and a new rule in TAC, Title 26, Part 1, Chapter 568, Standards of Care and Treatment in Psychiatric Hospitals, §568.22 and §568.42, concerning Psychiatric Hospital Admission Restrictions and Medication Monitoring
      18. HHSC proposes the repeal of a rule and a new rule in TAC, Title 25, Part 1, Chapter 140, Health Professions Regulation, Subchapter I, §140.433 and §140.433, concerning Military Service Member, Spouse, and Veteran License Procedures
      19. HHSC proposes an amendment to a rule in TAC, Title 26, Part 1, Chapter 746, Minimum Standards for Child-Care Centers, Subchapter D, Division 1, §746.1053, and new rules, §§746.1065 - 746.1071, concerning Licensed Child-Care Center Interim Director
      20. HHSC proposes amendments to rules in TAC, Title 26, Part 1, Chapter 745, Licensing, Chapter 748, Minimum Standards for General Residential Operations, and Chapter 749, Minimum Standards for Child-Placing Agencies, concerning Transfer of Certain Investigations to Texas Health and Human Services Commission Provider Investigations
      21. DSHS proposes amendments, 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
      22. DSHS proposes an amendment in TAC, Title 25, Part 1, Chapter 289, Radiation Control, Subchapter F, §289.252, concerning United States Nuclear Regulatory Commission Update to Licensing of Radioactive Material
      23. DSHS proposes new rules in TAC, Title 25, Part 1, Chapter 229, Food and Drug, §229.901 - §229.903, concerning Labeling of Analogue Food Products
      1. DSHS proposes an amendment in TAC, Title 25, Part 1, Chapter 289, Radiation Control, Subchapter G, §289.301, concerning Registration and Radiation Safety Requirements for Lasers and Intense-Pulsed Light Devices (Word)
      2. HHSC proposes amendments to rules, new rules, and the repeal of rules in TAC, Title 26, Part 1, Chapter 745, Licensing, concerning Administrator’s Licensing Update (Word)
      3. HHSC proposes amendments to rules and a new rule in TAC, Title 1, Part 15, Chapter 363, Texas Health Steps Comprehensive Care Program, Subchapter B, concerning Medicaid Prescribed Pediatric Extended Care Center (Word)
      4. HHSC proposes amendments to rules in TAC, Title 1, Part 15, Chapter 354, Medicaid Health Services, Subchapter F, §354.1832 and §354.1921, concerning Vendor Drug Program (Word)
      5. HHSC proposes amendments to rules in TAC, Title 26, Part 1, Chapter 307, Behavioral Health Programs, Subchapter C, concerning Jail-Based Competency Restoration (Word)
      6. HHSC proposes amendments to rules, the repeal of a rule, and new rules in TAC, Title 26, Part 1, Chapter 306, Behavioral Health Delivery System, concerning Behavioral Health Services Telecommunications and Admission, Continuity, and Discharge (Word)
      7. HHSC proposes amendments to rules and the repeal of rules in TAC, Title 26, Part 1, Chapter 350, Early Childhood Intervention Services, concerning Early Childhood Intervention (Word)
      1. HHSC plans to propose the amendment of rules in:
        1. Title 1 TAC, Chapter 353, concerning Comprehensive Hospital Increase Reimbursement Program
        2. Title 1 TAC, Chapter 355, concerning Disproportionate Share Hospital fund, Uncompensated Charity Care, Hospital Augmented Reimbursement Program
        1. STAR Kids Medicaid Managed Care Advisory Committee
        2. State Medicaid Managed Care Advisory Committee
        3. Sickle Cell Task Force
        1. Adoptions submitted to the Texas Register that are not yet effective
          1. Confidentiality Requirements for Child Care; Published: 08/2/24, Effective: 10/9/24
          2. Department of State Health Services Rule Repeal; Published: 8/9/24, Effective: 8/18/24
          3. Itemized Billing for Health Care Services and Supplies, Publishes 8/16/24, Effective: 8/18/24
          4. Voluntary Recovery Housing Accreditation, Publishes 8/16/24, Effective: 8/18/24
          5. Designating Severe Chronic Diseases that May Access Investigational Treatments, Publishes 8/16/24, Effective: 8/19/24
          6. Parent Rights in Child Day Care Operations and Director Led Training, Publishes 8/16/24, Effective: 8/19/24
          1. State Long-Term Care Ombudsman Program, Effective: 5/22/24
            May172024/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#133
          2. Extending Postpartum Coverage, Effective: 6/2/24
            https://www.sos.texas.gov/texreg/archive/May242024/Adopted%20Rules/1.ADMINISTRATION.html#81https://www.sos.texas.gov/texreg/archive/May242024/Adopted%20Rules/1.ADMINISTRATION.html#84https://www.sos.texas.gov/texreg/archive/May242024/Adopted%20Rules/1.ADMINISTRATION.html#88
          3. Mental Health Grant Program for Justice-Involved Individuals and Rural Initiatives Grant Program, Effective: 6/2/24
            https://www.sos.texas.gov/texreg/archive/May242024/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#100
          4. Behavioral Health Partnership Program, Effective: 6/11/24
            https://www.sos.texas.gov/texreg/archive/June72024/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#74
          5. Texas Brain Injury Advisory Council Chapter Extension, Effective: 6/17/24
            https://www.sos.texas.gov/texreg/archive/June142024/Adopted%20Rules/1.ADMINISTRATION.html#88
          6. Day Activity and Health Services Modernization and Reorganization, Effective: 7/10/24
            https://www.sos.texas.gov/texreg/archive/July52024/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#58
          7. Out-of-State Asbestos Licenses for Military Service Members, Effective: 7/23/24 https://www.sos.texas.gov/texreg/archive/July192024/Adopted%20Rules/25.HEALTH%20SERVICES.html#107
          8. Office of Inspector General Retrospective Payment Review Procedures, Published: 8/2/24, Effective: 8/7/24
            https://www.sos.texas.gov/texreg/archive/August22024/Adopted%20Rules/1.ADMINISTRATION.html#115
          9. State Hospital Essential Caregivers, Published: 8/9/24, Effective: 8/13/24
          10. New Affidavit Requirement for Child-Care Facilities, Effective: 8/14/24
            https://www.sos.texas.gov/texreg/archive/July52024/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#72

          *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 3 and 4. 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_Aug2024 no later than 5:00 p.m. Aug. 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).
          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 Cassandra Marx, Director at 512-915-9751 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 Marx at 512-915-9751 or ACCO_CommitteeFacilitation@hhs.texas.gov at least 72 hours before the meeting so arrangements can be made.