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Below is the report covering the State Health Services Council Work Session and Council Meeting on February 26 & 27.
 
Draft language for the rules proposed below: http://www.dshs.state.tx.us/WorkArea/linkit.aspx?LinkIdentifier=id&ItemID=8589985813
 
Commissioner’s Report
Commissioner David L. Lakey gave a report regarding many DSHS initiatives and statuses of various programs and individuals including but not limited to:

  • Flu visits are now declining – there were 5k less pediatric deaths from flu this year compared to last year.
  • The Sunset review process continues – recommendations will be published in May or June with a public hearing to be held sometime over the summer.
  • The first meeting of the Maternal Morbidity and Mortality Task Force will occur on Feb. 28.
  • The Drug Demand Reduction and Advisory Committee will look at two issues: neonatal substance issues and prescription drug abuse.
  • Agency contracted courier services helped to reduce delays by 80% in regards to shipment of newborn screening tests.
  • 64% of all clients are getting family care services under the expansion of primary health care. 
  • DSHS is working on their coordinated strategic plan currently which is the foundation for their Legislative Appropriations Request (LAR) which will be worked on throughout the spring.
  • Health Care Associated Infections (HAI’s) in Texas cost $200k annually and cause 8-9k deaths. The recent CDC report on HAI’s shows that Texas has made “tremendous progress” said Dr. Lakey. More on Texas’ report and program can be found by visiting: http://www.dshs.state.tx.us/idcu/health/infection_control/HAI/
    • Council Member Ross inquired about the reason behind the success
    • Lakey noted the success can be attributed to many factors including increased monitoring and reporting; best practices; funding for collaborations; and multiple partners working on the issue which include UT and THA

Procurement Update

  • Healthy Communities Collaborative – RFP’s are being reviewed. Contract targeted to be awarded May 1st.
  • NorthSTAR – A new RFP was posted with a May 1st deadline.
  • Jail-based Competency Restoration Program – Should start sometime in May.
  • Public Awareness Campaign on mental health and substance abuse – Looking for a marketing vendor to begin the campaign.
  • 10 Year Plan – RFP’s are being reviewed. Contract award anticipated in April.

Accelerated Consent Agenda
Recommend that HHSC proceed with the rulemaking process in the following rules:
a. New rules concerning the criteria for approving trainers of mental health first aid services
Expedited rule

  • Help to identify early warning signs of behavioral health conditions
  • Based on new funding from the 83rd legislative session (HB 3793)
  • Evidence based practice
  • DSHS provides 1000 to offset the 1,600 it costs to train a trainer
    • Trainers receive an additional 100 dollars per educator trained
    • Trainers receive roughly 40 hours of training, and the trainers train the educators in an 8 hour session
  • Funding is just for elementary and high school aged children
    • Committee members discussed the need to expand this to community college and university students as well

b. New rules concerning the standards for a Jail-based Competency Restoration Program

  • Competency restoration to help rehabilitate an individual so that they are capable to stand trial and are not just thrown into the system
  • Programs will be bilingual
  • 24/7 program with staffed, trained personnel
  • Committee members asked if there is a provision to include telemedicine in the program?
    • Will be on-site only
  • Quantification of number of cases?
    • The fastest growing part of the system today

 Motions all pass
 
Consent Agenda
Recommend that HHSC proceed with public comment for the following rules:
a. New rules concerning newborn screening for critical congenital heart disease

  • With stakeholder involvement, DSHS made slight programmatic changes
  • Only includes confirmed case data collection
  • March of Dimes
    • Believes that this rule is a great starting point, but they are concerned that it doesn’t include the tracking component that would help paint a more comprehensive picture
  • American Health Association
    • Appreciates rules as written – introduced their mom and daughter guests
    • Susie Class Brown and Maggie Brown
      • Both have had open heart surgery due to congenital defects and are very thankful for this rule

b. Amendments to rules and new rules concerning the collection and release of hospital outpatient emergency room data, hospital discharge data, and outpatient surgical and radiological procedures at hospitals and ambulatory surgical centers

  • Part of SB 7 from the 83rd legislative session
  • Removed the exemption from data collection for rural hospitals (~80 rural providers)
    • Some have already been submitting data voluntarily
  • Rider 93 provided funding to collect ED visit data on potentially preventable visits
    • Does not include freestanding ED data
  • Data collection will align with the system already in place at DSHS
  • Since ICD 10 implementation begins October 1, DSHS is delaying this data collection until 1/2015 in order not to coincide

d. Repeal of a rule and a new rule concerning the memorandum of understanding between the Department of State Health Services and the Texas Commission on Environmental Quality regarding radiation control functions

  • Conforms to SB 347 and delineates responsibilities for the two different agencies
  • No public testimony

e. Amendment to a rule concerning fees for certificates of registration, radioactive material licenses, emergency planning and implementation, and other regulatory services 

  • Updates radioactive account to 100M from 500K
  • Mandate from SB 347
  • No public testimony

f. Amendment to a rule concerning the licensing of device distributors and manufacturers

  • HB 1395 exempts dental labs from having to receive a license as a device distributor since they are already licensed under the Occupations code
  • No public comment

g. Amendment to rules concerning the licensure of tanning facilities

  • Reflects changes made in law by SB 329, prohibiting minors from using a tanning facility
  • No public comment

h. Amendment to a rule concerning federal regulations on meat and poultry inspection

  • Consolidates current code and includes a provision that if a facility finds out about contaminated meat distribution, they must notify DSHS within 24 hours
  • No public testimony

i. Amendments to rules concerning fee schedules for clinical testing, newborn screening, and chemical analysis

  • Updates definitions, renames the “Laboratory testing services manual”
  • No public testimony

Motions all pass
 
 c. Amendments to rules concerning the licensing and regulation of hospitals

  • Stacy Wilson, THA
    • Concerned that rule has duplicative language about doing background checks on licensed employees – licensing boards already do this, hospitals do not need to do as well
    • Want to ensure that LVNs and RNS can continue to have that as their title on their photo ID

The comments regarding the criminal background check resulted in a language change addressing those concerns.

The public comments regarding the badging/ID rule language did NOT result in any change to the language. Staff noted in the rule that language was broad enough to meet THA concerns since hospitals can set own policy (as long as occupation code allows it). This rule will not require re-credentialing and may not require “re-doing” ID badges as long as it adheres to the rule and hospital policy.
 
Motion passes