Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012 Page: 5,526
5519-5676 p. ; 28 cm.View a full description of this periodical.
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Proposed paragraph (12) updates the name of the Telemedicine
Advisory Committee to include the term "Telehealth."
Proposed new paragraphs (15), (16), and (17) add three new
committees and describe the committees' purpose and task, the
manner in which the committees will report to the agency, and
the date on which the committees will be abolished.
Fiscal Note
Greta Rymal, Deputy Executive Commissioner for Financial Ser-
vices, has determined that during the first five-year period the
amended rule is in effect, there will be no fiscal impact to state
government as a result of amending the rule. The amended rule
will not result in any fiscal implications for local health and hu-
man services agencies or local governments.
Small and Micro-business Impact Analysis
Ms. Rymal has also determined that there will be no effect on
small businesses or micro businesses to comply with the pro-
posed rule because the rule concerns HHSC advisory commit-
tees and does not apply to businesses. There are no anticipated
economic costs to persons who are required to comply with the
proposed rule. There is no anticipated negative impact on local
employment.
Public Benefit
Billy Millwee, Deputy Executive Commissioner for Health Ser-
vices Operations, has determined that for each year of the first
five years the amended section is in effect, the public will benefit
from the adoption of the section. The anticipated public bene-
fit, as a result of enforcing the amended section, will be that the
rules will reflect the current status of the advisory committees.
Regulatory Analysis
HHSC has determined that this proposal is not a "major envi-
ronmental rule" as defined by 2001.0225 of the Government
Code. "Major environmental rule" is defined to mean a rule the
specific intent of which is to protect the environment or reduce
risk to human health from environment exposure and that may
adversely affect, in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment or the
public health and safety of a state or a sector of the state. This
proposal is not specifically intended to protect the environment
or reduce risks to human health from environmental exposure.
Takings Impact Assessment
HHSC has determined that this proposal does not restrict or limit
an owner's right to his or her real property that would other-
wise exist in the absence of government action and, therefore,
does not constitute a taking under 2007.043 of the Government
Code.
Public Comment
Written comments on this proposal may be submitted to Mary
Haifley, Medicaid/CHIP Division, Texas Health and Human Ser-
vices Commission, P.O. Box 85200, Austin, Texas 78708-5200,
Mail Code H-600, Austin, Texas 78758; by fax to (512) 491-1953;
or by e-mail to mary.haifley@hhsc.state.tx.us within 30 days of
publication of this proposal in the Texas Register
Statutory Authority
The amendment is proposed under Government Code
531.033, which provides the Executive Commissioner ofHHSC with broad rulemaking authority; and Government Code
531.012, which provides the authority to establish advisory
committees.
The amendment affects the Government Code, Chapter 531. No
other statutes, articles, or codes are affected by this proposal.
351.3. Purpose, Task and Duration ofAdvisory Committees.
The Health and Human Services Commission (HHSC) receives rec-
ommendations from advisory committees established through state and
federal laws, rules, and regulations. The following advisory commit-
tees are approved by the HHSC Executive Commissioner:
(1) Children's Policy Council.
(A) The Children's Policy Council is established under
the Human Resources Code, Chapter 22, 22.035. The work group
assists the HHSC Executive Commissioner and HHS agencies in de-
veloping, implementing, and administering family support policies and
related long-term care and health programs for children.
(B) The Children's Policy Council studies and makes
recommendations on long-term care and health policies and submits a
report on its findings and recommendations to the legislature and the
HHSC Executive Commissioner each even numbered year.
(C) The Human Resources Code, Chapter 22, 22.035,
exempts the Children's Policy Council from the abolishment date re-
quired in the Government Code, Chapter 2110, 2110.008.
(2) Consumer Direction Work Group.
(A) The Consumer Direction Work Group is estab-
lished under the Government Code, Chapter 531, Subchapter B,
531.052. The work group advises HHSC on the development,
implementation, expansion and delivery of services through consumer
direction in all programs offering long-term services and supports.
(B) The Consumer Direction Work Group makes rec-
ommendations to HHSC through regularly scheduled meetings and
HHSC staff assigned to the committee.
(C) The Government Code, Chapter 531, Subchapter
B, 531.052, exempts the Consumer Direction Work Group from the
abolishment date required in the Government Code, Chapter 2110,
2110.008.
(3) Drug Use Review Board.
(A) The Drug Use Review Board is established under
the authority of Title 42, Code of Federal Regulations (CFR), 456.716,
and is internally referred to as the Drug Utilization Review Board. This
advisory committee advises HHSC about criteria and standards for ap-
propriate drug use in the Medicaid program.
(B) The Drug Use Review Board makes recommenda-
tions to HHSC through regularly scheduled meetings and HHSC staff
assigned to the committee.
(C) The Drug Use Review Board is required by federal
regulations and will continue as long as the federal law that requires
it remains in effect. The continued need for the committee will be
reviewed by August 31, 2016.
(4) HHSC Medicaid and Children's Health Insurance Pro-
gram (CHIP) Regional Advisory Committees.
(A) The HHSC Executive Commissioner established
the HHSC Medicaid and CHIP Regional Advisory Committees under
the authority of the Government Code, Chapter 531, Subchapter A,
531.012 and Chapter 533, Subchapter B, 533.021. These advisory37 TexReg 5526 July 27, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 30, Pages 5519-5676, July 27, 2012, periodical, July 27, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243959/m1/8/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.