August 22, 2022 – 1:00 pm
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing to receive public comments on the proposed Title 1, Texas Administrative Code (TAC) §354.1341, concerning Benefits and Limitations; and §354.1342, concerning Conditions for Participation for the School Health and Related Services (SHARS) program. The hearing will be held in compliance with Texas Government Code (TGC) §2001.029(b), which requires a state agency to grant an opportunity for a public hearing before it adopts a substantive rule if a public hearing is requested by (1) at least 25 persons; (2) a governmental subdivision or agency; or (3) an association having at least 25 members.
Virtual Public Hearing Access. This public hearing will be conducted online using GoToWebinar only. To join the hearing from your computer, tablet, or smartphone, register for the hearing in advance using the following link: https://attendee.gotowebinar.com/register/6571640685000375054. The webinar ID is: 985-985-067. There is not a physical location for this public hearing.
This public hearing will be archived. Members of the public may view a recording of this meeting at https://texashhsmeetings.org/HHSWebcast after the meeting.
Proposal. HHSC proposes amendments to §354.1341, concerning Benefits and Limitations; and §354.1342, concerning Conditions for Participation for the School Health and Related Services (SHARS) program. The proposed rules were published in the August 5, 2022 issue of the Texas Register.
Background and Purpose. The proposed rule amendment to §354.1341 adds text to align with the implementation of House Bill (H.B.) 706, 86th Legislature, Regular Session, 2019. H.B. 706 amended the Texas Education Code to permit SHARS providers to bill and receive reimbursement for allowable audiology services provided to Medicaid-eligible children as prescribed in a plan created under Section 504 of the Rehabilitation Act of 1973 (29 United States Code (U.S.C.) §794). H.B. 706 requires HHSC to adopt rules necessary to implement Texas Education Code Section 38.033 (redesignated as Section 38.034 by H.B. 3607, 87th Legislature, Regular Session, 2021) in consultation with the Texas Education Association and as approved by the Centers for Medicare and Medicaid Services.
The proposed amendment to §354.1342 implements H.B. 2658, 87th Legislature, Regular Session, 2021. H.B. 2658 added Human Resources Code §32.0317. The proposed amendment will restate and clarify the federal requirement to obtain parental consent to access a student’s Medicaid in order to receive Medicaid reimbursement for all SHARS services.
HHSC is also proposing language to align these rules with 1 TAC §355.8443, concerning Reimbursement Methodology for School Health and Related Services (SHARS), and other clarifying language.
- Call to order
- Public hearing to receive comments from interested persons on proposed rule amendments to:
- §354.1341, concerning Benefits and Limitations; and
- §354.1342, concerning Conditions for Participation for the School Health and Related Services (SHARS) program.
Public Comment or Testimony. HHSC welcomes public comment pertaining to proposed amendments to §354.1341 and §354.1342 of the Texas Administrative Code. Members of the public who would like to provide public comment may choose from the following options:
- Oral Comments Provided Virtually. Members of the public must pre-register to provide oral comments virtually during the public hearing by https://texashhsmeetings.org/SHARS_PCReg_Aug2022 no later than 9:00 am, August 22, 2022. Please mark the correct box on the Public Comment Registration form and provide your name, either the organization you are representing or that you are speaking as a private citizen, and your direct phone number. If you have completed the Public Comment Registration form, you will receive an email the day before the public hearing with instructions for providing virtual public comment. Public comment is limited to three minutes. Each speaker providing oral public comments virtually must ensure their face is visible and their voice audible to the other participants while they are speaking. Each speaker must state their name and, on whose behalf, they are speaking (if anyone). If you pre-register to speak and wish to provide a handout before the public hearing, please submit an electronic copy in accessible PDF format that will be distributed to the appropriate HHS staff. Handouts are limited to two pages (paper size: 8.5” by 11”, one side only). Handouts must be emailed to MedicaidBenefitRequest@hhsc.state.tx.us immediately after pre-registering, but no later than 9:00 am, August 22, 2022, and include the name of the person who will be commenting. Do not include health or other confidential information in your comments or handouts. Staff will not read handouts aloud during the public hearing, but handouts will be provided to the appropriate HHS staff.
Members of the public may also use the GotoWebinar Q&A section to submit a request to provide oral public comment only. The request must contain your name, either the organization you are representing or that you are speaking as a private citizen, and your direct phone number. Do not include confidential information or protected health information in comments.
- Written Comments. Written comments regarding the proposed rule amendment may be submitted instead of, or in addition to, oral testimony until 10 p.m. the day of the hearing (August 22, 2022). Written comments may be sent by U.S. mail, overnight mail, special delivery mail, hand delivery, or e-mail (see below for contact information).
U.S. Mail, Overnight mail, or special delivery mail
Texas Health and Human Services Commission
Attention: Office of Policy, Medicaid and CHIP Services
701 West 51st Street, Mail Code H-310
Austin, TX 78751
Phone number for package delivery: (512) 438-2935
Preferred Communication. The preferred method of communication with HHSC related to this public hearing is e-mail or phone if possible. This will help facilitate a quicker response.
This hearing will be open to the public. No reservations are required and there is no cost to attend this hearing.
People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Jennifer Daniels, SHARS Policy Analyst, at (512) 438-2935 at least 72 hours before the meeting so appropriate arrangements can be made.