Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016 Page: 10,033
10019-10486 p. ; 28 cm.View a full description of this periodical.
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Carey Smith
Senior Counsel
Texas Health and Human Services Commission
Earliest possible date of adoption: January 22, 2017
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 amendment is proposed under Texas Government Code
531.033, which provides the Executive Commissioner of HHSC
with broad rulemaking authority, and Texas Human Resources
Code 32.021 and Texas Government Code 531.021(a), which
provide HHSC with the authority to administer the federal medi-
cal assistance (Medicaid) program in Texas.
The proposed amendment implements Texas Human Resources
Code, Chapter 32, and Texas Government Code, Chapter 531.
No other statutes, articles, or codes are affected by this proposal.
354.1382. Conditions for Participation.
(a) To participate in the Texas Medical Assistance Program,
licensed professional counselors (LPCs) must be licensed by the Texas
State Board of Examiners of Professional Counselors in accordance
with Chapter 503 of the Texas Occupations Code [the Texas Licensed
Professional Ceuonsekr A t, Texas Ci4 Statutes Artile 4-54-2g].
(b) To participate in the Texas Medical Assistance Program,
licensed clinical social workers (LCSWs) [licensed master social
worker-advanced clinical practitioners (LMSW-ACPs-)] must be li-
censed [as a master social worker and be recognized as being quaified]
for the practice of clinical social work by the Texas State Board of
Social Worker Examiners in accordance with Chapter 505 of the Texas
Occupations Code [the I4uman Reseurees Cede, Subtitle E- Chapter
(c) To participate in the Texas Medical Assistance Program,
licensed marriage and family therapists (LMFTs) must be licensed by
the Texas State Board of Examiners of Marriage and Family Thera-
pists in accordance with Chapter 502 of the Texas Occupations Code
[the Licensed Marriage and Family Therapist Ac -Texas CivilStatutes,
Article 454-2e4].
(d) These providers must:
(1) meet the appropriate licensing requirements as required
in subsections (a), (b) or (c) of this section;
(2) comply with all applicable federal and state laws and
regulations governing the services provided; [(]
I(3) be enrolled and partieipating in Mediare (this applies
to LMSW-ACP-s only), uness the provider satisites criteria for eemp-
tien described in 354-1473(b);}
(3} [(4)] be enrolled and approved for participation in the
Texas Medical Assistance Program;
(4) [(5)] sign a written provider agreement with the Com-
mission or its designee;(5) [(6)] comply with the terms of the provider agreement
and all requirements of the Texas Medical Assistance Program, includ-
ing regulations, rules, handbooks, standards, and guidelines published
by the Commission or its designee; and
6) [()] bill for services covered by the Texas Medical As-
sistance Program in the manner and format prescribed by the Commis-
sion or its designee.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on December 12,
2016.
TRD-201606486
Carey Smith
Senior Counsel
Texas Health and Human Services Commission
Earliest possible date of adoption: January 22, 2017
For further information, please call: (512) 462-6271
DIVISION 31. IN-HOME RESPIRATORY
THERAPY SERVICES FOR VENTILATOR-
DEPENDENT PERSONS
1 TAC 354.1401
STATUTORY AUTHORITY
The amendment is proposed under Texas Government Code
531.033, which provides the Executive Commissioner of HHSC
with broad rulemaking authority, and Texas Human Resources
Code 32.021 and Texas Government Code 531.021(a), which
provide HHSC with the authority to administer the federal medi-
cal assistance (Medicaid) program in Texas.
The proposed amendment implements Texas Human Resources
Code, Chapter 32, and Texas Government Code, Chapter 531.
No other statutes, articles, or codes are affected by this proposal.
354.1401. In-home Respiratory Therapy Services for Ventilator-De-
pendent Persons.
(a) Subject to the specifications, conditions, limitations, and
requirements established by HHSC or its designee, in-home respira-
tory therapy services are [shal4 be made] available to eligible recipients
who:
(1) are ventilator-dependent for life support at least six
hours per day;
(2) have been so dependent for at least 30 consecutive days
as an inpatient in one or more hospitals, skilled nursing facilities (SNF),
or intermediate care facilities (ICF);
(3) but for the availability of these respiratory care services
at home, would require respiratory care as an inpatient in a hospital,
SNF, or ICF;
(4) would be eligible to have payment made for such inpa-
tient care under the state Medicaid plan;
(5) have adequate social support services to be cared for at
home; and
(6) wish to be cared for at home.PROPOSED RULES December 23, 2016 41 TexReg 10033
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Texas. Secretary of State. Texas Register, Volume 41, Number 52, Pages 10019-10486, December 23, 2016, periodical, December 23, 2016; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth835937/m1/15/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.