TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES

CHAPTER 30. MEDICAID HOSPICE PROGRAM

As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and §531.02011. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1. Therefore, the Executive Commissioner of HHSC proposes the repeal of rules in the Texas Administrative Code (TAC), Title 40 (40 TAC), Part 1, Chapter 30, concerning Medicaid Hospice Program, consisting of §§30.2, 30.4, 30.10, 30.12, 30.14, 30.16, 30.18, 30.20, 30.30, 30.34, 30.36, 30.40, 30.50, 30.52, 30.54, 30.60, 30.62, 30.90, 30.92, and 30.100. HHSC proposes new rules in 26 TAC, Chapter 266, concerning Medicaid Hospice Program.

BACKGROUND AND PURPOSE

The proposed repeal of 40 TAC Chapter 30 deletes rules of the former DADS from the TAC. HHSC will propose new rules governing the Medicaid Hospice Program in 26 TAC Chapter 266, elsewhere in this issue of the Texas Register.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §§30.2, 30.4, 30.10, 30.12, 30.14, 30.16, 30.18, 30.20, 30.30, 30.34, 30.36, 30.40, 30.50, 30.52, 30.54, 30.60, 30.62, 30.90, 30.92, and 30.100 allows new rules governing the Medicaid Hospice Program to be proposed in 26 TAC Chapter 266.

FISCAL NOTE

Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the repeals will be in effect, enforcing or administering the repeals does not have foreseeable implications relating to costs or revenues of local government.

GOVERNMENT GROWTH IMPACT STATEMENT

HHSC has determined that during the first five years that the repeals will be in effect:

(1) the proposed repeals will not create or eliminate a government program;

(2) implementation of the proposed repeals will not affect the number of HHSC employee positions;

(3) implementation of the proposed repeals will result in no assumed change in future legislative appropriations;

(4) the proposed repeals will not affect fees paid to HHSC;

(5) the proposed repeals will not create a new rule;

(6) the proposed repeals will repeal existing rules;

(7) the proposed repeals will not change the number of individuals subject to the rules; and

(8) the proposed repeals will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities. The proposed repeals do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules. The rules do not impose any additional costs on small businesses, micro-businesses, or rural communities that are required to comply with the rules.

LOCAL EMPLOYMENT IMPACT

The proposed repeals will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these repeals because the repeals do not impose a cost on regulated persons.

PUBLIC BENEFIT AND COSTS

Stephanie Stephens, State Medicaid Director, has determined that for each year of the first five years the repeals are in effect, the public benefit will be the consolidation of all HHSC rules in 26 TAC.

Trey Wood has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed repeals because the repeals do not impose any additional costs.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4900 North Lamar Boulevard, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhsc.state.tx.us.

To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 20R126" in the subject line.

SUBCHAPTER A. INTRODUCTION

40 TAC §30.2, §30.4

STATUTORY AUTHORITY

The proposed repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code Chapter 531, Subchapter A-1, which provides for the consolidation of the health and human services system; Texas Government Code §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program; and Texas Human Resources Code §32.021, which provides that HHSC will adopt necessary rules for the proper and efficient administration of the Medicaid program.

The proposed repeals implement Texas Government Code §531.0055 and §531.021 and Texas Human Resources Code §32.021.

§30.2.Purpose.

§30.4.Definitions.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 4, 2022.

TRD-202200779

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: April 17, 2022

For further information, please call: (512) 221-9021


SUBCHAPTER B. ELIGIBILITY REQUIREMENTS

40 TAC §§30.10, 30.12, 30.14, 30.16, 30.18, 30.20

STATUTORY AUTHORITY

The proposed repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code Chapter 531, Subchapter A-1, which provides for the consolidation of the health and human services system; Texas Government Code §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program; and Texas Human Resources Code §32.021, which provides that HHSC will adopt necessary rules for the proper and efficient administration of the Medicaid program.

The proposed repeals implement Texas Government Code §531.0055 and §531.021 and Texas Human Resources Code §32.021.

§30.10.Eligibility Requirements.

§30.12.Duration of Hospice Care Coverage: Election Periods.

§30.14.Certification of Terminal Illness and Record Maintenance.

§30.16.Election of Hospice Care.

§30.18.Revoking the Election of Hospice Care.

§30.20.Change of the Designated Hospice.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 4, 2022.

TRD-202200780

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: April 17, 2022

For further information, please call: (512) 221-9021


SUBCHAPTER C. CONTRACTING AND DISCLOSURE REQUIREMENTS

40 TAC §§30.30, 30.34, 30.36

STATUTORY AUTHORITY

The proposed repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code Chapter 531, Subchapter A-1, which provides for the consolidation of the health and human services system; Texas Government Code §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program; and Texas Human Resources Code §32.021, which provides that HHSC will adopt necessary rules for the proper and efficient administration of the Medicaid program.

The proposed repeals implement Texas Government Code §531.0055 and §531.021 and Texas Human Resources Code §32.021.

§30.30General Contracting Requirements.

§30.34.Voluntary Termination of Hospice Contract.

§30.36.Submission of Written Information.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 4, 2022.

TRD-202200781

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: April 17, 2022

For further information, please call: (512) 221-9021


SUBCHAPTER D. PROVIDERS' CONDITIONS OF PARTICIPATION: OTHER SERVICES

40 TAC §30.40

STATUTORY AUTHORITY

The proposed repeal is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code Chapter 531, Subchapter A-1, which provides for the consolidation of the health and human services system; Texas Government Code §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program; and Texas Human Resources Code §32.021, which provides that HHSC will adopt necessary rules for the proper and efficient administration of the Medicaid program.

The proposed repeal implements Texas Government Code §531.0055 and §531.021 and Texas Human Resources Code §32.021.

§30.40.Condition of Participation--Physical Therapy, Occupational Therapy, and Speech-language Pathology.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 4, 2022.

TRD-202200782

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: April 17, 2022

For further information, please call: (512) 221-9021


SUBCHAPTER E. COVERED SERVICES

40 TAC §§30.50, 30.52, 30.54

STATUTORY AUTHORITY

The proposed repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code Chapter 531, Subchapter A-1, which provides for the consolidation of the health and human services system; Texas Government Code §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program; and Texas Human Resources Code §32.021, which provides that HHSC will adopt necessary rules for the proper and efficient administration of the Medicaid program.

The proposed repeals implement Texas Government Code §531.0055 and §531.021 and Texas Human Resources Code §32.021.

§30.50.Requirements for Reimbursement.

§30.52.Waiver Requirements for Nursing Services or Occupational, Physical, and Speech Therapies.

§30.54.Special Coverage Requirements.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 4, 2022.

TRD-202200783

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: April 17, 2022

For further information, please call: (512) 221-9021


SUBCHAPTER F. REIMBURSEMENT

40 TAC §30.60, §30.62

STATUTORY AUTHORITY

The proposed repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code Chapter 531, Subchapter A-1, which provides for the consolidation of the health and human services system; Texas Government Code §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program; and Texas Human Resources Code §32.021, which provides that HHSC will adopt necessary rules for the proper and efficient administration of the Medicaid program.

The proposed repeals implement Texas Government Code §531.0055 and §531.021 and Texas Human Resources Code §32.021.

§30.60.Medicaid Hospice Payments and Limitations.

§30.62.Medicaid Hospice Claims Requirements.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 4, 2022.

TRD-202200784

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: April 17, 2022

For further information, please call: (512) 221-9021


SUBCHAPTER I. MEDICAL REVIEW AND RE-EVALUATION

40 TAC §30.90, §30.92

STATUTORY AUTHORITY

The proposed repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code Chapter 531, Subchapter A-1, which provides for the consolidation of the health and human services system; Texas Government Code §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program; and Texas Human Resources Code §32.021, which provides that HHSC will adopt necessary rules for the proper and efficient administration of the Medicaid program.

The proposed repeals implement Texas Government Code §531.0055 and §531.021 and Texas Human Resources Code §32.021.

§30.90.Utilization Review and Control Activities Performed by Texas Health and Human Services Commission (HHSC) Utilization Review (UR) Department.

§30.92.Minimum Data Set Assessment.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 4, 2022.

TRD-202200785

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: April 17, 2022

For further information, please call: (512) 221-9021


SUBCHAPTER J. MISCELLANEOUS

40 TAC §30.100

STATUTORY AUTHORITY

The proposed repeal is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code Chapter 531, Subchapter A-1, which provides for the consolidation of the health and human services system; Texas Government Code §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program; and Texas Human Resources Code §32.021, which provides that HHSC will adopt necessary rules for the proper and efficient administration of the Medicaid program.

The proposed repeal implements Texas Government Code §531.0055 and §531.021 and Texas Human Resources Code §32.021.

§30.100.Additional Requirements.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on March 4, 2022.

TRD-202200786

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: April 17, 2022

For further information, please call: (512) 221-9021