1. (a) Introduction. The Health and Human Services Commission (HHSC) is advised by advisory committees established under its enabling legislation, and by advisory committees established by other state and federal laws.

2. (b) Advisory Committee on the Development of a Uniform Assessment Tool.

   1. (1) This advisory committee makes recommendations about a uniform assessment tool for guardianships to the commissioners of health and human services, Texas Department of Health, Texas Department of Mental Health and Mental Retardation, and Texas Department of Human Services, as required by Senate Bill 236, 73rd Texas Legislature, 1993, §23.

   2. (2) The advisory committee will develop a uniform assessment tool to be used by the staff of a facility regulated or operated by the Texas Department of Health, Texas Department of Human Services, or Texas Department of Mental Health and Mental Retardation to assess the capacity of an elderly person, a person with mental retardation, or a person with a developmental disability to make decisions concerning the person's own welfare and financial affairs, including the person's:

      1. (A) need for guardianship and the type of guardianship that is appropriate for the person;
      2. (B) ability to care for the person's own physical health or to manage the person's own financial affairs;
      3. (C) ability to provide food, clothing, or shelter for himself or herself;
      4. (D) decision-making ability; and
      5. (E) ability to communicate a decision.
   3. (3) The advisory committee reports to HHSC regularly through HHSC staff assigned to the committee.
   4. (4) This advisory committee will automatically be abolished July 1, 1994.

3. (c) Texas Information and Referral Project Advisory Committee.

   1. (1) This advisory committee advises HHSC about the creation of an information and referral network for health and human services in Texas. This advisory committee is authorized by Texas Civil Statutes, Article 4413(502), §18.
   2. (2) This advisory committee identifies all Texas information and referral providers, develops mechanisms to enhance communication among them, and provides them with technical assistance to increase their visibility and improve the quality of their services.
   3. (3) The advisory committee reports to HHSC regularly through HHSC staff assigned to the committee.
   4. (4) This advisory committee will automatically be abolished December 1, 1997, at the end of the grant that funds the Information and Referral Project.

4. (d) Texas Head Start Collaboration Task Force.

   1. (1) This advisory committee provides leadership and vision for the development and implementation of a collaborative plan of action for federal, state, and local public and private policy makers and funding sources serving economically disadvantaged children ages zero to five, and their families. This advisory committee is authorized by Texas Civil Statutes, Article 4413(502), §18.
   2. (2) This advisory committee makes recommendations to HHSC about planning, implementation, evaluation, and funding for Head Start Programs.
   3. (3) The advisory committee reports to HHSC regularly through HHSC staff assigned to the committee.
   4. (4) This advisory committee will automatically be abolished September 30, 1995, at the end of the grant that funds the Head Start Collaboration Project.

5. (e) Long-Term Care Task Force.

   1. (1) This advisory committee builds broad consensus among individuals and organizations involved in long-term care, and develops recommendations to the HHSC on a comprehensive vision for Texas long-term care services. These recommendations will serve as the basis for the Long-Term Care Plan required by the Texas Human Resources Code, §101.031. This task force is authorized by Texas Civil Statutes, Article 4413(502), §18.
   2. (2) The advisory committee will prepare a vision statement to be incorporated into HHSC's coordinated strategic plan and the Long-Term Care Plan, and make recommendations regarding how services should be structured at the local level and what, if any, changes are needed in state level organizations to support that structure.
   3. (3) The advisory committee reports to HHSC regularly through HHSC staff assigned to the committee.
   4. (4) This advisory committee will automatically be abolished January 1, 1995.

6. (f) Medical Care Advisory Committee.

   1. (1) This advisory committee complies with requirements of the Social Security Act and its implementing regulations for the Medicaid program. Federal regulations that govern the Medicaid program require HHSC to establish the Medical Care Advisory Committee to advise it. See 42 Code of Federal Regulations (CFR) 431.12.
   2. (2) The advisory committee makes recommendations to the state Medicaid director about rules for the Medicaid program.
   3. (3) The advisory committee reports to HHSC regularly through HHSC staff assigned to the committee.
   4. (4) This advisory committee will continue as long as the federal law that requires it remains in effect. See the Social Security Act, §1902(a)(4).

7. (g) Physician Payment Advisory Subcommittee of the Medical Care Advisory Committee.

   1. (1) This advisory committee reviews technical issues regarding physician payment for the Medical Care Advisory Committee. Federal regulations that govern the Medicaid program require HHSC to establish the Medical Care Advisory Committee to advise it. See 42 CFR 431.12. This advisory committee is authorized by Texas Civil Statutes, Article 4413(502), §18.
   2. (2) The advisory committee makes recommendations about issues and changes in physician payment policies.
   3. (3) The advisory committee reports to HHSC regularly through HHSC staff assigned to the committee.
   4. (4) This advisory committee will continue as long as its technical assistance is required by the Medical Care Advisory Committee.

8. (h) Vendor Drug Advisory Subcommittee of the Medical Care Advisory Committee.

   1. (1) This advisory committee reviews technical issues regarding vendor drug policies for the Medical Care Advisory Committee. Federal regulations that govern the Medicaid program require HHSC to establish the Medical Care Advisory Committee to advise it. See 42 CFR 431.12. This advisory committee is authorized by Texas Civil Statutes, Article 4413(502), §18.
   2. (2) The advisory committee makes recommendations about issues and changes in vendor drug policies.
   3. (3) The advisory committee reports to HHSC regularly through HHSC staff assigned to the committee.
   4. (4) This advisory committee will continue as long as its technical assistance is required by the Medical Care Advisory Committee.

9. (i) Hospital Payment Advisory Committee.

   1. (1) This advisory committee advises the HHSC about hospital payment methodologies for inpatient hospital prospective payment and on adjustment for disproportionate share hospitals that will ensure reasonable, adequate, and equitable payments to hospital providers and that will address the essential role of rural hospitals. This advisory committee is required by the Texas Human Resources Code, §32.022(e). This statutory advisory committee functions as a subcommittee of the Medical Care Advisory Committee. Federal regulations that govern the Medicaid program require HHSC to establish the Medical Care Advisory Committee. See 42 CFR 431.12.
   2. (2) The advisory committee makes recommendations about hospital payment methodologies for inpatient hospital prospective payments and for adjustment for disproportionate share hospitals.
   3. (3) The advisory committee reports to HHSC regularly through HHSC staff assigned to the committee.
   4. (4) The statute that requires this advisory committee contains no end date.

10. (j) Children's Health Insurance Program Regional Advisory Committees.

    1. (1) The Children's Health Insurance Program (CHIP) regional advisory committees provide recommendations to HHSC on the implementation and operation of CHIP pursuant to §62.057, Health and Safety Code.
    2. (2) The CHIP regional advisory committees meet at least quarterly to review and discuss CHIP implementation and operation in their region.
    3. (3) The CHIP regional advisory committees report to HHSC regularly through HHSC staff assigned to the committees.
    4. (4) The CHIP regional advisory committees have no automatic abolition date, nor is HHSC required to create one pursuant to §62.057(f).

Source Note:The provisions of this §351.3 adopted to be effective December 31, 1993, 18 TexReg 9754; amended to be effective March 1, 2000, 25 TexReg 1591.