1 Tex. Admin. Code § 351.3
Purpose, Task and Duration of Advisory Committees
Effective Apr 13, 201439 TexReg 2497Source Note: The provisions of this §351.3 adopted to be effective January 9, 2008, 33 TexReg 75; amended to be effective March 9, 2010, 35 TexReg 1951; amended to be effective October 14, 2012, 37 TexReg 7989; amended to be effective April 13, 2014, 39 TexReg 2497.Texas Secretary of State
The Texas Health and Human Services Commission (HHSC) receives recommendations from advisory committees established through state and federal laws, rules, and regulations. The following advisory committees 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 HHS agencies in developing, implementing, and administering certain family support policies for children with disabilities.
- (B) The Children's Policy Council studies and makes recommendations on long-term services and supports, health services and mental health services 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 required in the Government Code, Chapter 2110, §2110.008.
(2) Consumer Direction Work Group.
- (A) The Consumer Direction Work Group is established 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 recommendations 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 appropriate drug use in the Medicaid program.
- (B) The Drug Use Review Board makes recommendations 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 Program (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 advisory committees meet quarterly to discuss the implementation and operations of Medicaid and CHIP programs within the respective regions and to provide recommendations to HHSC.
- (B) The HHSC Medicaid and CHIP Regional Advisory Committees report quarterly and make recommendations through HHSC staff assigned to the committees.
- (C) The HHSC Medicaid and CHIP Regional Advisory Committees will be automatically abolished August 31, 2016.
(5) Hospital Payment Advisory Committee.
- (A) The Hospital Payment Advisory Committee (HPAC) is established under the Human Resources Code, Chapter 32, Subchapter B, §32.022(e). HPAC functions as a subcommittee of the Medical Care Advisory Committee (MCAC). HPAC advises MCAC and HHSC about hospital reimbursement methodologies for inpatient hospital prospective payment and on adjustments for disproportionate share hospitals. The committee advises HHSC to ensure reasonable, adequate, and equitable payments to hospital providers and to address the essential role of rural hospitals.
- (B) The HPAC makes recommendations to HHSC through regularly scheduled meetings and HHSC staff assigned to the committee.
- (C) The HPAC will be automatically abolished August 31, 2016.
(6) Medical Care Advisory Committee.
- (A) The Medical Care Advisory Committee (MCAC) is established under the authority of Title 42, CFR, §431.12 and the Human Resources Code, Chapter 32, Subchapter B, §32.022. MCAC makes recommendations to HHSC regarding health and medical care policy for the Medicaid program.
- (B) The MCAC makes recommendations to HHSC through regularly scheduled meetings and HHSC staff assigned to the committee.
- (C) The MCAC 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.
(7) Pharmaceutical and Therapeutics Committee.
- (A) The Pharmaceutical and Therapeutics Committee is established under the authority of the Government Code, Chapter 531, Subchapter B, §531.074. The committee advises HHSC on the clinical efficacy, safety, cost-effectiveness and any program benefit associated with a drug product and develops recommendations for the preferred drug lists.
- (B) The Pharmaceutical and Therapeutics Committee makes recommendations to HHSC through regularly scheduled meetings and HHSC staff assigned to the committee.
- (C) The Government Code, Chapter 531, Subchapter B, §531.074, exempts the Pharmaceutical and Therapeutics Committee from the abolishment date requirement by the Government Code, Chapter 2110, §2110.008.
(8) Physician Payment Advisory Committee.
- (A) The Physician Payment Advisory Committee (PPAC) is created pursuant to the authority granted by the Government Code, Chapter 531, Subchapter A, §531.012. PPAC functions as a subcommittee of the MCAC. PPAC advises MCAC and HHSC about technical issues regarding physician payment policies.
- (B) The PPAC makes recommendations to HHSC through regularly scheduled meetings and HHSC staff assigned to the committee.
- (C) The PPAC will be automatically abolished August 31, 2017.
(9) Promoting Independence Advisory Committee.
- (A) The Promoting Independence Advisory Committee (PIAC) is authorized by the Government Code, Chapter 531, Subchapter B, §531.02441 and is statutorily known as the Task Force on Ensuring Appropriate Care Settings for Persons with Disabilities. The task force advises HHSC in the development of a comprehensive, effectively working plan to ensure appropriate care settings for persons with disabilities.
- (B) The PIAC will meet at the call of the HHSC Executive Commissioner. Not later than September 1 of each year, the Committee shall submit a report to the Commissioner on its findings and recommendations.
- (C) The PIAC will be automatically abolished September 1, 2017.
(10) Public Assistance Health Benefit Review and Design Committee.
- (A) The Public Assistance Health Benefit Review and Design Committee was established under the Government Code, Chapter 531, Subchapter B, §531.067. This committee provides recommendations to HHSC regarding health benefits and coverage provided under the Medicaid program, the Children's Health Insurance Program and any other income-based health care program administered by HHSC.
- (B) The Public Assistance Health Benefit Review and Design Committee makes recommendations to HHSC through regularly scheduled meetings and HHSC staff assigned to the committee.
- (C) The Government Code, Chapter 531, Subchapter B, §531.067, exempts the Public Assistance Health Benefit Review and Design Committee from the abolishment date required by the Government Code, Chapter 2110, §2110.008.
(11) Texas System of Care Consortium.
- (A) The Texas System of Care Consortium is established under the Government Code, Chapter 531, Subchapter G-1, §531.251. The consortium provides oversight over a state system of care to develop local mental health systems of care in communities for minors who are receiving residential mental health services or inpatient mental health hospitalization or who are at risk of being removed from the minor's home and placed in a more restrictive environment to receive mental health services, including an inpatient mental health hospital, a residential treatment facility, or a facility or program operated by the Department of Family and Protective Services or an agency that is part of the juvenile justice system.
- (B) The Texas System of Care Consortium must submit a report not later than November 1 of every even-numbered year to the legislature and the Council on Children and Families that contains an evaluation of the outcomes of the Texas System of Care and recommendations on strengthening state policies and practices that support local systems of care.
- (C) The Texas System of Care Consortium will be automatically abolished effective August 31, 2017.
(12) Telemedicine and Telehealth Advisory Committee.
- (A) The Telemedicine and Telehealth Advisory Committee is established under the authority of the Government Code, Chapter 531, Subchapter B, §531.02172. The committee makes recommendations to HHSC on policy for telemedicine and telehealth services, development of telecommunication technology, and coordinating and monitoring related programs and activities.
- (B) The Telemedicine and Telehealth Advisory Committee makes recommendations to HHSC through regularly scheduled meetings and HHSC staff assigned to the committee.
- (C) The Telemedicine and Telehealth Advisory Committee will be automatically abolished effective August 31, 2016.
(13) Advisory Committee on Qualifications for Health Care Translators and Interpreters.
- (A) The Advisory Committee on Qualifications for Health Care Translators and Interpreters is established under the authority of the Government Code, §531.704. The committee advises HHSC on qualifications and standards for health care translators and interpreters for persons with limited English proficiency and persons who are deaf and hard of hearing.
(B) The Advisory Committee on Qualifications for Health Care Translators and Interpreters, through regularly scheduled meetings and verbal or written recommendations to HHSC staff assigned to the committee, establishes and recommends qualifications for health care interpreters and health care translators. The committee will:
- (i) develop strategies for implementing the regulation of health care interpreters and health care translators;
- (ii) make recommendations to HHSC for any legislation necessary to establish and enforce qualifications for health care interpreters and health care translators or for the adoption of rules by state agencies regulating health care practitioners, hospitals, physician offices, and health care facilities that hire health care interpreters or health care translators; and
- (iii) perform other activities assigned by HHSC related to health care interpreters or health care translators.
- (C) The Advisory Committee on Qualifications for Health Care Translators and Interpreters will be automatically abolished January 1, 2021.
(14) Electronic Health Information Exchange System Advisory Committee.
(A) The Electronic Health Information Exchange System Advisory Committee is established under the authority of the Government Code §531.904. The committee advises HHSC on the development and implementation of the electronic health information exchange system for Medicaid and the Children's Health Insurance Program, including any issue specified by HHSC and the following specific issues:
- (i) data to be included in an electronic health record;
- (ii) presentation of data;
- (iii) useful measures for quality of service and patient health outcomes;
- (iv) federal and state laws regarding privacy and management of private patient information;
- (v) incentives for increasing health care provider adoption and usage of an electronic health record and the health information exchange system; and
(vi) data exchange with local or regional health information exchanges to enhance:
- (I) the comprehensive nature of the information contained in electronic health records; and
- (II) health care provider efficiency by supporting integration of the information into the electronic health record used by health care providers.
- (B) The Electronic Health Information Exchange System Advisory Committee makes recommendations to HHSC through regularly scheduled meetings and verbal or written recommendations to HHSC staff assigned to the committee.
- (C) The Electronic Health Information Exchange System Advisory Committee will be automatically abolished August 31, 2016.
(15) Quality Based Payment Advisory Committee.
- (A) The Quality Based Payment Advisory Committee is established under the authority of the Government Code, Chapter 536, Subchapter A, §536.002. The committee makes recommendations to HHSC on quality of care and cost-efficiency benchmarks, process measures and measurable goals, and quality-based payment systems and other payment initiatives that may be implemented for Medicaid and CHIP.
- (B) The Quality Based Payment Advisory Committee must submit an annual report to the Texas Legislature.
- (C) The Quality Based Payment Advisory Committee will be automatically abolished September 28, 2015.
(16) Physician Payment for Quality Committee.
- (A) The Physician Payment for Quality Committee is established under the authority of the Government Code, Chapter 531, Subchapter A, §531.012. The committee will identify the top ten overused physician services.
- (B) The Physician Payment for Quality Committee does not have a reporting requirement.
- (C) The Physician Payment for Quality Committee will be automatically abolished September 1, 2015.
(17) Perinatal Advisory Council.
- (A) The Perinatal Advisory Council is established under the authority of Health and Safety Code, Chapter 241, Subchapter H, §241.187. The council makes recommendations to HHSC on the designation of levels of care for neonatal or maternal care assigned to hospitals.
- (B) The Perinatal Advisory Council must submit a report not later than September 1, 2015, detailing the advisory council's determinations and recommendations to the Department of State Health Services and the Executive Commissioner.
- (C) The Perinatal Advisory Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the advisory council is abolished on September 1, 2025.
(18) Intellectual and Developmental Disability System Redesign Advisory Committee.
- (A) The Intellectual and Developmental Disability System Redesign Advisory Committee is established under the authority of Government Code, Chapter 534, Subchapter B, §534.053. The committee will advise HHSC and the Department of Aging and Disability Services (DADS) on the implementation of the acute care services and long-term services and supports system redesign.
- (B) The Intellectual and Developmental Disability System Redesign Advisory Committee, in consultation with HHSC and DADS, shall provide recommendations for the continued implementation of and improvements to the acute care and long-term services and supports system. These recommendations will be included in an annual report due on or before September 30th of 2018, 2019, and 2020.
- (C) The Intellectual and Developmental Disability System Redesign Advisory Committee is subject to Chapter 551 (Open Meetings), Government Code, and will be automatically abolished January 1, 2024.
(19) STAR Kids Managed Care Advisory Committee.
- (A) The STAR Kids Managed Care Advisory Committee is established under the authority of Government Code, Chapter 533, Subchapter A, §533.00254, to advise HHSC on the establishment and implementation of the STAR Kids managed care program.
- (B) The committee makes recommendations to HHSC through regularly scheduled meetings and staff assigned to the committee.
- (C) The advisory committee is subject to Chapter 551 (Open Meetings), Government Code, and will be automatically abolished September 1, 2016.
(20) STAR+PLUS Nursing Facility Advisory Committee.
- (A) The STAR+PLUS Nursing Facility Advisory Committee is established under the authority of Government Code, Chapter 533, Subchapter A, §533.00252, to advise HHSC on implementation of and other activities related to the provision of medical assistance benefits to recipients who reside in nursing facilities and are members of the STAR+PLUS managed care program. The committee will advise HHSC on developing quality-based outcomes and process measures, payments systems, and quality initiatives for nursing facilities and the reporting of outcomes and process measures; transparency of information received from managed care organizations; sharing of data among health and human service agencies; and patient care coordination, quality of care improvement, and cost savings.
- (B) The STAR+PLUS Nursing Facility Advisory Committee makes recommendations to HHSC through regularly scheduled meetings and staff assigned to the committee.
- (C) The STAR+PLUS Nursing Facility Advisory Committee is subject to Chapter 551 (Open Meetings), Government Code, and will be automatically abolished September 1, 2016.
(21) STAR+PLUS Quality Council.
- (A) The STAR+PLUS Quality Council is established under the authority of Government Code, Chapter 533, Subchapter A, §533.00285, to advise HHSC on the development of policy recommendations to ensure eligible recipients receive quality, person-centered, consumer-directed acute care services and long-term services and supports in an integrated setting under the STAR+PLUS Medicaid managed care program.
(B) Reports.
- (i) The STAR+PLUS Quality Council in coordination with HHSC, shall submit a report to the executive commissioner that includes: an analysis and assessment of the quality of acute care and long-term services and supports provided under the STAR+PLUS managed care program; recommendations of how to improve the quality of services provided under the program; and recommendations on how to ensure recipients of the program receive person-centered, consumer directed care in the most integrated setting achievable. This report is due no later than November 1st of each year.
- (ii) Not later than December 1 of each even-numbered year, HHSC in consultation with the council shall submit a report to the legislature regarding the assessments and recommendations contained in reports submitted by the council during the most recent state fiscal biennium.
- (C) The advisory committee is subject to Chapter 551 (Open Meetings), Government Code, and will be automatically abolished January 1, 2017.
(22) Behavioral Health Integration Advisory Committee.
- (A) The Behavioral Health Integration Advisory Committee is established under the authority of Government Code, Chapter 533, Subchapter A, §533.00255(e). The committee will address the planning and development needs of a behavioral health services network. The network is developed by a managed care organization, contracted with HHSC, and includes public and private providers of behavioral health services and ensures adults with serious mental illness and children with serious emotional disturbance have access to a comprehensive array of services.
- (B) The Behavioral Health Integration Advisory Committee will seek input from the behavioral health community and issue formal recommendations to HHSC.
- (C) The Behavioral Health Integration Advisory Committee will be automatically abolished September 1, 2017.
(23) State Medicaid Managed Care Advisory Committee.
- (A) The State Medicaid Managed Care Advisory Committee is established under the authority of Government Code, Chapter 533, Subchapter C, §533.041, to advise HHSC on the statewide operation of Medicaid managed care including program design and benefits, systemic concerns from consumers and providers, efficiency and quality of services, contract requirements, provider network adequacy, and trends in claims processing. Additionally, the committee will assist HHSC with Medicaid managed care issues and disseminate Medicaid managed care best practice information to the Regional Advisory Committees (RACs).
- (B) The State Medicaid Managed Care Advisory Committee makes recommendations to HHSC through regularly scheduled meetings and staff assigned to the committee.
- (C) The State Medicaid Managed Care Advisory Committee is subject to Chapter 551 (Open Meetings), Government Code. The Government Code, Chapter 533, Subchapter C, §531.044, exempts the State Medicaid Managed Care Advisory Committee from the abolishment date required in Government Code, Chapter 2110, §2110.008.
Source Note:The provisions of this §351.3 adopted to be effective January 9, 2008, 33 TexReg 75; amended to be effective March 9, 2010, 35 TexReg 1951; amended to be effective October 14, 2012, 37 TexReg 7989; amended to be effective April 13, 2014, 39 TexReg 2497.