The Executive Council of the Health and Human Services Commission met on August 18, 2022, to take up its regular agenda and business. Updates were heard from multiple members of the Council and many current rule proposals were presented and discussed. An agenda for the meeting can be found here.
This report is intended to give you an overview and highlight of the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.
Item 1: Welcome and Opening Remarks
- Commissioner Young calls meeting to order
- Executive Commissioner’s welcome and remarks
- Continuing to support Uvalde community as they heal, Uvalde support line received 450 calls last month
- Announces two Deputy Executive Commissioners hired
- Also hired new Communications Director and new Head of Government Relations
- Agency currently putting together LAR for 2024-2025
- Thanks Dr. Hellerstedt for his service as he retires
- Chief Officers’ remarks
- Thanks Dr. Hellerstedt for his service as he retires
- Putting together program to make sure all populations we serve get the needed support, established two new departments
- Family Health Services (children) and Community Services (disabilities and older adults)
- Community Services department establishes Community Care and Health and Independence, two new programs
- Family Health Services will have programs in three areas, health services, crisis programs, early nutrition and development
- Working with CFO and COO on further implementation timeline
- Haley Turner and Rob Reese will be leading these two new departments as Deputy Executive Commissioners
- Department of State Health Services Commissioner’s remarks
- Dr. Hellerstedt will step down on September 30
- Thanks healthcare workers in their service during COVID-19
- Current trends for COVID – plenty of testing, continue to have new cases (10,000/day on 7-day average), hospitalizations at highest level since February (3,500/day), nature of Omicron variant makes positive testing rate around 30%, home testing is affecting accuracy of testing data, sub variants of Omicron affecting case numbers and hospitalizations
- Current variants are more capable of reinfection and navigating around immunity from vaccines or previous infection, vaccine 100% protects against severe disease
- Fatality rate is stable, nearly 88k fatalities in Texas as of August 1, 2022
- National trends show decrease of cases, South and Southwest higher than other parts of country
- 46M COVID vaccine doses administered in Texas as of August 1, 2022, around 60% of Texans have received their primary series of vaccines
- Texans aged 6 months – 4 years are now eligible, 62,000 have received first primary dose since June 1, 2022
- Monkeypox update – Can be transmitted by any form of skin-to-skin contact (much has been in the form of sexual contact), symptoms last about 2-4 weeks, predominance is within LGBTQ males, not technically a sexually transmitted disease
- Texas has 1,077 confirmed cases as of today
- Jynneos vaccine is for monkeypox, everyone “wishes we had more”, CDC has implemented a dose-saving strategy, about 5,700 does have been administered, hoping to get 5 doses per vial with dose-saving strategy
- Have reacted quickly, updated data systems quickly, thanks staff for hard work
- Inspector General’s quarterly report
- OIG has recovered $360M this fiscal year, 13K investigations conducted
- 22 reports published this fiscal year
- Provides overview of several investigations into individuals and corporations who committed Medicaid fraud
Item 2: Rider 24, Health and Human Services Cost Containment, 2022-23 General Appropriations Act, 87th Legislature, Regular Session, 2021*
- Joey Reeds, Director of Strategic Initiatives
- Directed HHSC to find $350M in savings without negatively impacting care
- HHSC currently coming up with ideas, report due December 1, 2022
- Currently soliciting stakeholder input, will send out formal invitation for input in fall
- No public comment given
Item 3a: Rule proposals – Administrative Procedures Act (APA) public comment period has closed
- Texas Department of State Health Services (DSHS) proposes the repeal of a rule and a new rule in TAC, Title 25, Part 1, Chapter 37, Maternal and Infant Health Services, Subchapter R, §37.420, concerning Replacing Sickle Cell Advisory Committee with Sickle Cell Task Force
- New rule describes the taskforce and duties
- No public comments were received
- No member or public comment given on this rule
- DSHS proposes the amendments to rules and a new rule in TAC, Title 25, Part 1, Chapter 133, Hospital Level of Care Designations for Maternal Care, Subchapter K, §§133.201 – 133.211, concerning Hospital Level of Care Designations for Maternal Care
- New rule proposes changes to maternal level of care designations
- One public comment received in the first round, fourteen public comments received in revised posting, no changes made after second posting
- No member comment given on this rule
- Jessica Phillips gives public comment – Representing Texas EMS Trauma and Acute Care Division, perinatal director for TTAC, performed surveys over 68% of perinatal units in Texas, greatly appreciate the expanded guidance for screening, additional criteria will serve the public, however the contiguous PCR rule language will have a negative impact, large urban PCRs will not be able to serve patients within other close urban PCRs
- DSHS proposes the repeal of rules and new rules in TAC, Title 25, Part 1, Chapter 265, Public Swimming Pools and Spas, Subchapter L, §§265.181 – 265.211, concerning Public Swimming Pools and Spas
- Rule aligns with legislation passed during 87th Legislative Session
- No public comments were received
- No member or public comment given on this rule
- Texas Health and Human Services Commission (HHSC) proposes the repeal of rules in TAC, Title 25, Part 1, Chapter 414, Rights and Protections of Persons Receiving Mental Health Services, Subchapter P, §§414.751 – 414.765, and Title 40, Part 1, Chapter 4, Rights and Protection of Individuals Receiving Intellectual Disability Services, Subchapter P, §§4.751 – 4.765, and new rules in Title 26, Part 1, Chapter 925, Research Involving Health and Human Services Commission Services, §§925.1 – 925.11, concerning Research at State Hospitals, State Supported Living Centers, and Community Service Providers
- No public comments were received
- No member or public comment given on this rule
- HHSC proposes the 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, §351.807, concerning the Behavioral Health Advisory Committee
- No public comments were received
- No member or public comment given on this rule
- HHSC proposes new rules in TAC, Title 25, Part 1, Chapter 133, Hospital Licensing, Subchapter C, §133.52, and Title 26, Part 1, Chapter 509, Freestanding Emergency Medical Care Facilities, Subchapter C, §509.69, concerning Prices and Fees Charged by Certain Freestanding Emergency Medical Care Facilities
- No public comments were received
- No member or public comment given on this rule
- HHSC proposes new rules in TAC, Title 25, Part 1, Chapter 133, Hospital Licensing, Subchapter C, §133.51, and Title 26, Part 1, Chapter 506, Special Care Facilities, Subchapter C, §506.39, concerning In-Patient and In-Person Visitation During a Public Health Emergency and Certain Periods of Disaster
- No public comments were received
- No member or public comment given on this rule
- HHSC proposes the amendments to rules, repeal of rules, and new rules in TAC, Title 26, Part 1, Chapter 567, Certificate of Public Advantage, concerning the Certificate of Public Advantage Rules Update
- No public comments were received
- No member or public comment given on this rule
Item 3b: Rule proposals – Submitted to the Texas Register, APA public comment period has not closed
- HHSC proposes the amendment to a rule in TAC, Title 26, Part 1, Chapter 331, LIDDA Service Coordination, §331.17, concerning Local Intellectual and Developmental Disability Authority Service Coordinator Qualifications
- No member comment given on this rule
- Isabel Casas, Texas Council of Community Centers – Testifies in support of rule
- HHSC proposes the repeal of rules in TAC, Title 40, Part 1, Chapter 3, Responsibilities of State Facilities, Subchapter E, §§3.501 – 3.509, and a new rule in Title 26, Part 1, Chapter 967, State Supported Living Center Independent Mortality Review, §967.1, concerning the Death of an Individual Served
- Comments received from three advocacy groups, HHSC disagreed and did not change the rule
- No member or public comment given on this rule
- HHSC proposes the amendments to rules in TAC, Title 26, Part 1, Chapter 745, Licensing, Subchapter D, §§745.273, 745.275, 745.277, and 745.435, Chapter 748, Minimum Standards for General Residential Operations, Subchapters C and D, §748.153 and §748.303, and Chapter 749, Minimum Standards for Child-Placing Agencies, Subchapters C, D, and M, §§749.153, 749.503, and 749.2551, concerning Change in Location for Certain Child-Care Operations
- No public comments were received
- No member or public comment given on this rule
- HHSC proposes the amendments to rules and new rules in TAC, Title 26, Part 1, Chapter 744, Minimum Standards for School-Age and Before or After-School Programs, Subchapter A, §744.123, Chapter 746, Minimum Standards for Child-Care Centers, Subchapter A, §746.123, Chapter 747, Minimum Standards for Child-Care Homes, Subchapter A, §747.123, Chapter 748, Minimum Standards for General Residential Operations, Subchapters B, P, and V, §§748.43, 748.3319, 748.3321, 748.4553, 748.4659, and Chapter 749, Minimum Standards for Child-Placing Agencies, Subchapters B and V, §§749.43, 749.4053, and 749.4157, concerning Protections for Children on the Grounds or Premises
- Received one comment beyond the scope of the rule
- No public comments were received
- No member or public comment given on this rule
- HHSC proposes the amendments to rules and the repeal of a rule in TAC, Title 26, Part 1, Chapter 553, Licensing Standards for Assisted Living Facilities, and Chapter 554, Nursing Facility Requirements for Licensure and Medicaid Certification, concerning Assisted Living Facility and Nursing Facility Legislative Implementation
- Proposal is necessary to implement state legislation, amendment updates administrative transfers of rule to Title 26, and transfer of functions of previous agencies to HHSC, removes outdated requirements
- Comments received from representatives of two agencies and a provider, HHSC declined to change rules based off comments due to the provision being required in statute
- Published in Texas Register on August 5, 2022
- No member comments given on this rule
Carmen Tilton, Texas Assisted Living Association
- HHSC received suggestion to push grandfather date from November to January, sourcing materials has been challenging, concerned there could be provider that gets caught outside of grandfather window
- FEMA flood insurance rate maps are not drawn as accurately as possible, would like to see ability to submit formal letters to FEMA, some mention or inclusion of this
- Name based background check bill, rule omits subsection “little d”, provision allows community to hire someone while they are going through the background check process, allows employee to get started with onboarding during the process, would help centers and would like to see provision put back in
- HHSC proposes new rules in TAC, Title 26, Part 1, Chapter 559, Individualized Skills and Socialization Provider Requirements, Subchapter H, concerning Individualized Skills and Socialization License
- No member comment given on this rule
- Isabel Casas, Texas Council of Community Centers – Provides multiple recommendations for changes in licensure requirements for ISS providers
- HHSC proposes new rules in TAC, Title 26, Part 1, Chapter 260, Deaf Blind with Multiple Disabilities Program and Community First Choice, Subchapter I, concerning Individualized Skills and Socialization in the Deaf Blind with Multiple Disabilities Program
- No public comments were received
- No member or public comment given on this rule
- HHSC proposes new rules in TAC, Title 26, Part 1, Chapter 262, Texas Home Living Program and Community First Choice, Subchapter J, and Chapter 263, Home and Community-Based Services Program and Community First Choice, Subchapter L, concerning Individualized Skills and Socialization in the Home and Community-based Services Program and Texas Home Living Program
- Several public comments received, no changes made to rule
- Isabel Casas, Texas Council of Community Centers – Timeline for implementation is concerning, provides multiple recommended changes to rule
- HHSC proposes the amendments to rules in TAC, Title 1, Part 15, Chapter 354, Medicaid Health Services, Subchapter A, Division 25, §354.1341 and §354.1342, concerning School Health and Related Services 504 Audiology Services and Parental Consent
- No public comments were received
- No member comment given on this rule
- Karlyn Keller, Texas Association of School Boards – HHSC must establish a program that meets federal standards while serving our students and recognizing need for flexibility, parental consent is keystone for services, need more transparency and stakeholder impact, establish SHRS advisement council
Item 3c: Rule proposals – Not yet submitted to the Texas Register for APA public comment
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- No member or public comment given on this rule
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- No member or public comment given on this rule
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- No member or public comment given on this rule
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- No member comment given on this rule
- Isabel Casas, Texas Council of Community Centers – Testifies in support of rule
- No member or public comment given on this rule
- No member or public comment given on this rule
- No member or public comment given on this rule
- No member or public comment given on this rule
- No member or public comment given on this rule
- No member or public comment given on this rule
Item 4: Sickle Cell Task Force Recommendations
Cassandra Marx, Director, Advisory Committee Coordination Office
- Advising HHSC on implementation of Sickle Cell Advisory Report from 2018
- Successfully developed two sickle cell public information campaigns in 2020
- To further implement public awareness, Taskforce recommends HHSC and DSHS use current recourses for more awareness, use similar frameworks as they have in past
- Campaign should inform adults for obtaining screening, especially young adults starting families
- Collaborate with universities, including UT Austin Human Dimensions of Organization program
- Publish annual sickle cell report containing data and statistics of people impacted by the disease in the state
- Recommends universal sickle cell data collection system, would enhance data in an annual report as well, could help study if Medicaid’s programs are aligned with best practices as well
- Recommends further collaboration with CMS and Medicaid and CHIP services, to implementing non pharmaceutical alternatives in packages for pain management
Item 5: Recent Rule Adoptions – Information item not for discussion
- Item was not taken up for discussion, only listed on agenda as informational
- Adoptions submitted to the Texas Register that are not yet effective
- Vital Statistics Security Paper Requirements, Published: 8/19/22, Effective: 8/21/22
- Certification of Managed Care Organizations Prior to Contract Award, Published: 8/19/22, Effective: 8/28/22
- Adoptions that are effective
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- Long-Term Care Provider Rules During a Contagious Disease Outbreak, Epidemic, or Pandemic, Effective: 6/1/22
https://www.sos.texas.gov/texreg/archive/May272022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#65
https://www.sos.texas.gov/texreg/archive/May272022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#68 - Directed Payment Programs, Effective: 5/31/22
https://www.sos.texas.gov/texreg/archive/May272022/Adopted%20Rules/1.ADMINISTRATION.html#36 - State Medicaid Managed Care Advisory Committee, Effective: 6/9/22
https://www.sos.texas.gov/texreg/archive/June32022/Adopted Rules/1.ADMINISTRATION.html#61 - Tummy Time Supervision in Child-Care Homes, Effective: 6/13/22
https://www.sos.texas.gov/texreg/archive/June102022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#82
https://www.sos.texas.gov/texreg/archive/June102022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#84 - Automated External Defibrillators for Public Access Defibrillation, Effective: 7/6/22
https://www.sos.texas.gov/texreg/archive/July12022/Adopted%20Rules/25.HEALTH%20SERVICES.html#52 - Care of Unlawfully Present Individuals in Licensed General Residential Operations, Effective: 7/8/22
https://www.sos.texas.gov/texreg/archive/July222022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#142
https://www.sos.texas.gov/texreg/archive/July222022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#150 - Fingerprint Criminal History Checks, Effective: 7/26/22
https://www.sos.texas.gov/texreg/archive/July222022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#147 - Medicaid Hospice Program, Effective: 7/26/22
https://www.sos.texas.gov/texreg/archive/July222022/Adopted%20Rules/26.HEALTH%20AND%20HUMAN%20SERVICES.html#138
- Long-Term Care Provider Rules During a Contagious Disease Outbreak, Epidemic, or Pandemic, Effective: 6/1/22
Item 6: Adjourn
- Chair Young adjourns meeting at 12:13 PM