TITLE 1. ADMINISTRATION

PART 10. DEPARTMENT OF INFORMATION RESOURCES

CHAPTER 210. STATE ELECTRONIC INTERNET PORTAL

The Texas Department of Information Resources (the Department) adopts amendments to 1 TAC Chapter 210, §§210.1, 210.30 - 210.32, 210.34 - 210.36, and 210.54, concerning the State Electronic Internet Portal, to clarify the processes and policies of current practices and correct typographical errors. The amendments are adopted without changes to the proposal as published in the November 18, 2016, issue of the Texas Register (41 TexReg 9071). The Department published a formal notice of rule review in the June 19, 2015, issue of the Texas Register (40 TexReg 4011). DIR received no comments to the proposed rules. Review of the sections implements Government Code, §2001.039.

In 1 TAC §210.1, the Department adopts amendments to correct a typographical error by capitalizing all words in the defined term "State Electronic Internet Portal".

In 1 TAC §210.30, the Department adopts amendments to the title as it is redundant to the title of the Chapter. The Department proposes amendments to correct a typographical error by capitalizing all words in the defined term "State Electronic Internet Portal".

In 1 TAC §210.30(b), The Department adopts amendments to change the requirement to collect five (5) dollars annually per license issued to a passive requirement. Some state agencies are collecting the fee and others are not. This amendment empowers state agencies to determine the need to collect a fee.

In 1 TAC §210.31(a), the Department adopts amendments to clarify that the information shall be found on the State Electronic Internet Portal.

In 1 TAC §210.31(b), the Department adopts amendments to clarify that the information shall be found on the State Electronic Internet Portal. Additionally, the Department separated 1 TAC §210.21(b)(3) into two separate items to make it easier to read. The Department removes the requirement that the State Electronic Internet Portal establish a funding opportunity number system for all programs that post a synopsis to the Electronic Grant System.

In 1 TAC §210.32, the Department adopts amendments to clarify that the referenced information shall be found on the State Electronic Internet Portal.

In 1 TAC §§210.34 - 210.36, and 210.54, the Department adopts amendments to correct a typographical error by capitalizing all words in the defined term "State Electronic Internet Portal".

The changes to the chapter apply to state agencies and institutions of higher education. The assessment of the impact of the adopted changes on institutions of higher education was prepared in consultation with the Information Technology Council for Higher Education (ITCHE) in compliance with §2054.121(c), Texas Government Code.

Jennifer Buaas, Director of Digital Government, has determined that during the first five-year period following the amendments to 1 TAC Chapter 210 there will be no fiscal impact on state agencies, institutions of higher education and local governments.

Ms. Buaas has further determined that for each year of the first five years following the adoption of the amendments to 1 TAC Chapter 210 there are no anticipated additional economic costs to persons or small businesses required to comply with the amended rule.

SUBCHAPTER A. DEFINITIONS

1 TAC §210.1

The rules are adopted under §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities, and §2054.111(d) and §2054.262, Texas Government Code, regarding rules for state agency websites and the State Electronic Internet Portal.

No other code, article or statute is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 24, 2017.

TRD-201700750

Martin Zelinsky

General Counsel

Department of Information Resources

Effective date: March 16, 2017

Proposal publication date: November 18, 2016

For further information, please call: (512) 936-7577


SUBCHAPTER B. STATE AGENCY USE OF THE STATE ELECTRONIC INTERNET PORTAL

1 TAC §§210.30 - 210.32, 210.34 - 210.36

The rules are adopted under §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities, and §2054.111(d) and §2054.262, Texas Government Code, regarding rules for state agency websites and the State Electronic Internet Portal.

No other code, article or statute is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 24, 2017.

TRD-201700751

Martin Zelinsky

General Counsel

Department of Information Resources

Effective date: March 16, 2017

Proposal publication date: November 18, 2016

For further information, please call: (512) 936-7577


SUBCHAPTER C. INSTITUTION OF HIGHER EDUCATION USE OF THE STATE ELECTRONIC INTERNET PORTAL

1 TAC §210.54

The rules are adopted under §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities, and §2054.111(d) and §2054.262, Texas Government Code, regarding rules for state agency websites and the State Electronic Internet Portal.

No other code, article or statute is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 24, 2017.

TRD-201700752

Martin Zelinsky

General Counsel

Department of Information Resources

Effective date: March 16, 2017

Proposal publication date: November 18, 2016

For further information, please call: (512) 936-7577


PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 354. MEDICAID HEALTH SERVICES

SUBCHAPTER A. PURCHASED HEALTH SERVICES

The Texas Health and Human Service Commission (HHSC) adopts amended §354.1069, concerning Sign Language Interpreter Services; §354.1382, concerning Conditions for Participation; and §354.1401, concerning In-home Respiratory Therapy Services for Ventilator-Dependent Persons. The amended rules are adopted without changes to the proposed text as published in the December 23, 2016, issue of the Texas Register (41 TexReg 10031).

BACKGROUND AND JUSTIFICATION

The amendments correct terminology, correct cross references to other sections of the Texas Administrative Code, correct cross references to statute, and make other non-substantive changes.

COMMENTS

The 30-day comment period ended January 23, 2017. During this period, HHSC received one comment regarding the amended rules from the Coalition for Nurses in Advanced Practice (CNAP).

Comment: CNAP requested that advanced practice registered nurses be provided the same benefits and right to reimbursement regarding sign language services that physicians have under §354.1069(b) and (c).

Response: HHSC declines to make the suggested amendment at this time, because it is beyond the scope of this rule amendment. HHSC will consider the suggested amendment at a later date.

DIVISION 5. PHYSICIAN AND PHYSICIAN ASSISTANT SERVICES

1 TAC §354.1069

STATUTORY AUTHORITY

The amended rules are adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 23, 2017.

TRD-201700735

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Effective date: March 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 487-3419


DIVISION 29. LICENSED PROFESSIONAL COUNSELORS, LICENSED CLINICAL SOCIAL WORKERS, AND LICENSED MARRIAGE AND FAMILY THERAPISTS

1 TAC §354.1382

STATUTORY AUTHORITY

The amended rules are adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 23, 2017.

TRD-201700736

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Effective date: March 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 487-3419


DIVISION 31. IN-HOME RESPIRATORY THERAPY SERVICES FOR VENTILATOR-DEPENDENT PERSONS

1 TAC §354.1401

STATUTORY AUTHORITY

The amended rules are adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 23, 2017.

TRD-201700737

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Effective date: March 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 487-3419


SUBCHAPTER J. MEDICAID THIRD PARTY RECOVERY

DIVISION 7. HEALTH INSURANCE PREMIUM PAYMENT GUIDELINES

1 TAC §354.2361

The Texas Health and Human Services Commission (HHSC) adopts new §354.2361, concerning Medicaid Health Insurance Premium Payment Program. The new rule is adopted without changes to the proposed text as published in the December 23, 2016, issue of the Texas Register (41 TexReg 10036) and will not be republished.

BACKGROUND AND JUSTIFICATION

The new rule is adopted to comply with §1906 of the Social Security Act (42 U.S.C. 1396e), enacted in the Omnibus Budget Reconciliation Act (OBRA) of 1990, to reimburse eligible individuals for their share of an employer-sponsored health insurance (ESI) premium payment when cost effective. Until Senate Bill 207, 84th Legislature, Regular Session, 2015, repealed the prohibition of Health Insurance Premium Payment (HIPP) participation in Medicaid managed care, the HIPP program only included fee-for-service Medicaid.

The HIPP program generates cost savings to the State by reimbursing individuals eligible for the HIPP program for their ESI premiums, if it is determined that reimbursing the premium is cost effective. Medicaid-eligible individuals in the HIPP program may have access to additional services not covered by Medicaid, or have access to Medicaid services not covered by private insurance. Family members of the individual may have access to services through private health insurance, because the State is paying the private health insurance premiums.

The new rule establishes requirements applicable to individuals with ESI who are Medicaid eligible, or have a family member who is Medicaid eligible, applying for and participating in the HIPP program. Additionally, the rule defines the HIPP program processes for individuals and their employers providing ESI.

COMMENTS

The 30-day comment period ended January 23, 2017. During this period, HHSC did not receive any comments regarding the new rule.

STATUTORY AUTHORITY

The new rule is adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; Texas Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas; and Texas Human Resources Code §32.0422, which provides HHSC with the authority to administer a Medicaid health insurance premium payment reimbursement program for medical assistance recipients.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 23, 2017.

TRD-201700734

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Effective date: March 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 462-6215


CHAPTER 355. REIMBURSEMENT RATES

The Texas Health and Human Service Commission (HHSC) adopts amendments to §355.7001, concerning Reimbursement Methodology for Telemedicine, Telehealth, and Home Telemonitoring Services; §355.8085, concerning Reimbursement Methodology for Physicians and Other Practitioners; and §355.8091, concerning Reimbursement to Licensed Professional Counselors, Licensed Master Social Worker-Advanced Clinical Practitioners, and Licensed Marriage and Family Therapists. The amended rules are adopted without changes to the proposed text as published in the December 23, 2016, issue of the Texas Register (41 TexReg 10039).

BACKGROUND AND JUSTIFICATION

The amendments correct terminology, correct cross references to other sections of the Texas Administrative Code, correct cross references to statute, and make other non-substantive changes.

COMMENTS

The 30-day comment period ended January 23, 2017. During this period, HHSC did not receive any comments regarding the amended rules.

SUBCHAPTER G. ADVANCED TELECOMMUNICATIONS SERVICES AND OTHER COMMUNITY-BASED SERVICES

1 TAC §355.7001

STATUTORY AUTHORITY

The amended rules are adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 23, 2017.

TRD-201700738

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Effective date: March 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 487-3419


SUBCHAPTER J. PURCHASED HEALTH SERVICES

DIVISION 5. GENERAL ADMINISTRATION

1 TAC §355.8085, §355.8091

STATUTORY AUTHORITY

The amended rules are adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 23, 2017.

TRD-201700739

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Effective date: March 15, 2017

Proposal publication date: December 23, 2016

For further information, please call: (512) 487-3419