DADS Provider News, Alerts & Bulletins —
Texas Home Living (TxHmL)
DADS Statement on Federal Government Shutdown
The Texas Department of Aging and Disability Services (DADS) wants to reassure providers and consumers that service delivery and provider reimbursement processes will continue despite the federal government shutdown that began Oct. 1.
For the immediate future, our programs serving Texans who are older and those with intellectual, developmental or physical disabilities will continue uninterrupted. Texas health and human services agencies are monitoring the federal fiscal environment and will continue to assess the effects any federal decisions may have on our programs or consumers, and will keep you updated as the situation changes.(10/1/2013)
New Appendix: List of Excluded Individuals and Entities (LEIE)
The Department of Aging and Disability Services (DADS) has posted a new appendix titled List of Excluded Individuals and Entities (LEIE). This appendix is designed to explain and clarify the federal requirement that all providers contracting with DADS identify individuals and entities excluded from participation in federal health care programs. In accordance with Section 1128 of the Social Security Act (42 U.S.C. §1320a-7), the United States Health and Human Services Office of Inspector General (HHS-OIG) excludes individuals and entities from participation in any federal health care program (i.e., Medicare, Medicaid and the State Children's Health Insurance Program) who have engaged in certain activities or have been convicted of certain crimes.
The LEIE appendix is linked to the relevant provider manuals and handbooks listed below.
- Area agencies on aging (AAA): Alerts and Bulletins
- Community Based Alternatives Provider Manual (CBA): Appendix XXII
- Community Living Assistance and Support Services Provider Manual (CLASS): Appendix IX
- Consumer Directed Services Handbook (CDS): Appendix II
- Consumer Managed Personal Attendant Services Provider Manual (CMPAS): Appendix VI
- Contracting to Provide Assisted Living and Residential Care Services Handbook (CPALRCS): Appendix XI
- Contracting to Provide Primary Home Care Services Handbook (CPPHCS): Appendix XII
- Contracting to Provide Special Services to Persons with Disabilities Handbook (CPSSPD): Appendix IX
- Day Activity and Health Services Provider Manual (DAHS): Appendix XII
- Deaf Blind with Multiple Disabilities Program Manual (DBMD): Appendix IV
- Emergency Response Services Handbook (ERS): Appendix VIII
- Home and Community-based Services Handbook (HCS): Appendix VII
- Home Delivered Meals Provider Manual (HDMPM): Appendix VII
- Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions (ICF/IID): Appendix III
- Medicaid Hospice Provider Manual (MHPM): Appendix VII
- Medicaid Provider Manual for LongTerm Care Facilities (MPM-LTCF): Appendix VI
- Medically Dependent Children Program Provider Manual (MDCP-PM): Appendix X
- Texas Home Living Program Handbook (TxHmL): Appendix IV
This new appendix supersedes any previous Information Letter (IL) or similar guidance published by DADS. The ILs that are being retired are listed below. DADS recommends that providers remove the ILs from their records to ensure they reference only the most current information.
|Retired IL Number||Title|
|IL 2009-33||Provider Screening of Employees, Subcontractors for Excluded Persons|
|IL 2009-41||Provider Screening of Employees, Subcontractors for Excluded Persons|
|IL 2010-20||Obligation to Identify Individuals or Entities Excluded from Participation in Federal Health Care Programs|
|IL 2011-07||Updated Information Regarding the Obligation to Identify Individuals or Entities Excluded from Participation in Federal Health Care Programs|
|IL 2011-102||Clarification of Information Letter No. 11-07, Regarding the Obligation to Identify Individuals or Entities Excluded from Participation in Federal Health Care Programs|
|IL 2012-19||Expectations for List of Excluded Individuals and Entities checks|
If there are questions about the new appendix or any of the ILs that were retired, please send an e-mail message to PDO@dads.state.tx.us.(9/26/2013)
Information Letters Retired as of Sept. 12, 2013
The Department of Aging and Disability Services is in the process of reviewing all Information Letters (IL) posted on its website. The ILs listed in this alert have been determined to have no further informational value and are being retired and removed from DADS website.
For questions about any of these letters, please send an email message to email@example.com.
|IL 2006-59||Remittance and Status (R&S) Reports||6/30/2006|
|IL 2006-66||New Fiscal Year -- Reminder||7/20/2006|
|IL 2006-81||New Fiscal Year -- Year End Closing||8/11/2006|
|IL 2006-82||New Fiscal Year -- Year End Closing||8/11/2006|
|IL 2007-42||Revised Notice of Fiscal Year 2007 Cutoff Dates (ICF/MR SG6 - Revises Information Letter 07-34)||8/07/2007|
|IL 2007-51||Remittance and Status (R&S) Report Information||5/18/2007|
|IL 2007-60||Increase in Payment Rates for Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR), Home and Community-based Services (HCS), Texas Home Living (TxHmL) and Community Living and Assistance Support Services (CLASS) and Associated Increases in Fiscal Accountability Requirements for ICF/MR and HCS and in Spending Requirements for CLASS Providers Participating in the Attendant Compensation Rate Enhancement||6/26/2007|
|IL 2007-110||National Provider Identifier (NPI) Contingency Period Ends March 1, 2008||11/27/2007|
|IL 2007-111||Initial Notice of Planned Payment System (Health and Human Services Administrative System) Downtime||11/12/2007|
|IL 2007-112||Second Notice of Tentative DADS Payment System (Health and Human Services Administrative System) Downtime for All Payments including those to Long Term Care (LTC) Providers||12/20/2007|
|IL 2007-126||Final Notice of Tentatively Planned DADS Payment System Downtime for All Provider Payments||1/11/2008|
|IL 2008-23||Posting of Models Used by the Texas Health and Human Services Commission (HHSC) to Evaluate Cost Reports||2/20/2008|
|IL 2008-27||DADS NPI Implementation||3/07/2008|
|IL 2008-65||TMHP Remittance and Status (R&S) Report Information||5/30/2008|
|IL 2008-67||Cutoff Dates for Miscellaneous Claims and Year-end Closeout Processing (ICF/MR Providers, Service Group 5)||8/06/2008|
|IL 2008-68||Cutoff Dates for Miscellaneous Claims and Year-end Closeout Processing (ICF/MR Providers, Service Group 6)||8/06/2008|
|IL 2009-74||Cutoff Dates for Miscellaneous Claims and Year-end Closeout Processing||8/03/2009|
|IL 2009-76||Cutoff Dates for Miscellaneous Claims and Year-end Closeout Processing||8/03/2009|
|IL 2010-52||Use of the TMHP Remittance and Status (R&S) Report Information for Fiscal Year (FY) End||6/09/2010|
|IL 2010-55||FY10 Miscellaneous Claims Cutoff Notice||7/21/2010|
|IL 2010-92||Training Sessions for Attendant Compensation Rate Enhancement||6/16/2010|
|IL 2010-98||Correction to Telephone Contact Number for Fiscal Accountability Short-Period (FASP) Cost Report for ICF/MR Rate Analyst||7/01/2010|
|IL 2010-103||FY10 Cutoff Dates for Year-end Closeout Processing||7/29/2010|
|IL 2010-113||Per Diem Rates Effective September 1, 2010, for the Non-State Operated Intermediate Care Facilities for Persons with Mental Retardation Program||8/23/2010|
|IL 2010-154||2010 Cost Report and Cost Report Training Requirements||12/31/2010|
|IL 2010-157||Proposed Intermediate Care Facility for Persons with Mental Retardation Rate Reductions||12/27/2010|
|IL 2011-19||Per Diem Rates Effective February 1, 2011, for the Non-State Operated Intermediate Care Facilities for Persons with Mental Retardation Program||1/24/2011|
|IL 2011-28||Revised Direct Care Staff Rate Enhancement and Attendant Compensation Rate Enhancement Enrollment Worksheets||2/08/2011|
|IL 2011-32||2010 Cost Report Training Requirements and New Web-based System for Cost Report Submission||2/24/2011|
|IL 2011-42||2010 Cost Report Notification and Cost Report Training Reminders||4/01/2011|
|IL 2011-46||Preparing for FY11 Claims Billing Closeout||7/15/2011|
|IL 2011-48||Critical Notice: Upcoming Change Will Require Physical Addresses Instead of Post Office Boxes to be on File with DADS for TMHP Claim Processing||6/02/2011|
|IL 2011-49||Maximization of Federal Matching Funds Prior to June 30, 2011, Expiration of the American Recovery and Reinvestment Act (ARRA) - LTC Provider Billing Opportunity Deadline||5/04/2011|
|IL 2011-60||Delayed Implementation of the Federal Tax Increase Prevention and Reconciliation Act until January 1, 2013 (Replaces IL 11-44)||5/25/2011|
|IL 2011-66||June 27, 2011, Replacement of Procedure Code Qualifier ZZ||6/14/2011|
|IL 2011-75||Follow-up Request for LTC Provider Billing to Maximize DADS Federal Match Prior to 6/30/11 ARRA Expiration||6/14/2011|
|IL 2011-84||Fiscal Year 2011 Miscellaneous Claims Cutoff Notice: ICF/MR Community/State (Service Group 5) Providers||7/19/2011|
|IL 2011-83||Fiscal Year 2011 Miscellaneous Claims Cutoff Notice||7/19/2011|
|IL 2011-87||Planned Change to Support Only Electronic Claims Submitted to TMHP for Payment of LTC Services||9/19/2011|
|IL 2011-90||FY11 Cutoff Dates for Year-end Closeout Processing||8/05/2011|
|IL 2011-91||FY11 Cutoff Dates for Year-end Closeout Processing||8/05/2011|
|IL 2011-106||Per Diem Rates Effective September 1, 2011, for the Non-State Operated Intermediate Care Facilities for Persons with Mental Retardation Program||8/26/2011|
|IL 2011-161||2011 Cost Report and Cost Report Training Requirements||12/30/2011|
|IL 2011-145||Important April 1, 2012, EDI 5010 Compliance Deadline Information -- affects Provider Claim Payment for ANSI Claim Submitters Only||12/20/2011|
|IL 2012-40||Important July 1, 2012, EDI 5010 Compliance Deadline Information -- affects Provider Claim Payment for ANSI Claim Submitters Only||5/15/2012|
|IL 2012-57||Important Reminder of July 1, 2012, EDI 5010 Compliance Deadline Information: affects Provider Claim Payment for ANSI Claim Submitters Only||6/12/2012|
|IL 2012-62||Preparing for the Upcoming Fiscal Year 2012 Claims Billing Closeout||6/27/2012|
|IL 2012-66||Fiscal Year 2012 Cutoff Notice for Miscellaneous Claims||7/30/2012|
|IL 2012-67||Fiscal Year 2012 Cutoff Notice for Miscellaneous Claims||7/30/2012|
|IL 2012-69||FY12 Cutoff Dates for Year-end Closeout Processing||7/31/2012|
|IL 2012-70||FY12 Cutoff Dates for Year-end Closeout Processing||7/31/2012|
|IL 2012-82||Status of the implementation of the Cost Avoidance Project||10/26/2012|
STAR+PLUS Enrollment Letters Sent in Error
The Texas Health and Human Services Commission (HHSC) has identified a procedural error that resulted in STAR+PLUS enrollment letters/packets being sent to Department of Aging and Disability Services waiver clients. The mailings were generated due to an error at MAXIMUS (the managed care enrollment broker for HHSC) that allowed clients on the Exclusion File to be outreached for STAR+PLUS enrollment. MAXIMUS has determined there were 9,538 clients outreached under this error. The clients received STAR+PLUS enrollment letters/packets telling them they needed to choose a plan because they were soon going into STAR+PLUS.
HHSC has directed MAXIMUS to send a follow-up letter to these clients explaining they received the letter/packet in error and they are not being put into STAR+PLUS at this time. The following is an excerpt from the forthcoming client letter:
- We recently sent you a letter that said you would soon be in the Medicaid STAR+PLUS program. We sent you this letter by mistake. You do not need to take any action because of this. You will not be enrolled in STAR+PLUS at this time, even if you picked a medical plan and doctor.
HHSC is also working with MAXIMUS to address any instances of a client taking action and enrolling in STAR+PLUS in error. MAXIMUS will need to undo that action and ensure those excluded clients stay in their current waiver. MAXIMUS will also be making outbound phone calls to effected clients explaining what happened. Any questions can be directed to MAXIMUS at 1-800-964-2777.(9/5/2013)
Draft State Supported Living Center policy #018 now available for review
As part of an initiative to solicit stakeholder input on draft statewide policies, the State Supported Living Centers division is inviting comments on draft revised policy #018, Most Integrated Setting Practices. The purpose of the policy is to encourage and assist individuals in moving to the most integrated setting in accordance with the Americans with Disabilities Act and the United States Supreme Court’s decision in Olmstead v. L.C.; identifying needed supports and services to ensure successful transition in the new living environment; identifying obstacles to moving to a more integrated setting; and establishing post-move monitoring and reporting procedures.
If you have any comments regarding the draft policy, please send your comments to Eric Moorad, Policy/Rules Coordinator, at firstname.lastname@example.org or via fax at 512-438-4605 by close of business Friday, September 13, 2013.
In your comments, please reference the name of the policy, the name of the document, the page number, the section, and the line number (if applicable) so that we can respond to your comment.
Request for Comments on Draft Proposed Rule Amendments to 40, Texas Administrative Code, Chapter 41, The CDS Option and Chapter 43, The Service Responsibility Option
The Department of Aging and Disability Services (DADS) is revising 40 Texas Administrative Code (TAC) Chapter 49, Contracting for Community Services, to incorporate uniform rules for contract application, implementation, monitoring and enforcement into one chapter. As part of the project DADS is reviewing and considering amending contract rules in other chapters regarding matters that are addressed in the revised Chapter 49 rules. After reviewing 40 TAC Chapter 41, Consumer Directed Services Option and 40 TAC Chapter 43, Service Responsibility Option, DADS is considering the following changes:
- Amending the rules regarding contracting, record retention, and deleting the rule regarding reporting abuse, neglect and exploitation in Chapter 41; and
- Amending the criminal history and registry check rule in Chapter 43.
DADS also is updating the reference to FMSA rather than CDSA.
DADS is providing an informal comment period, ending September 6, 2013, for interested stakeholders to provide input on the proposed changes to the CDS Option and SRO rules related to contract requirements. Comments may be submitted to: email@example.com. Please note "Chapter 41 CDS" or "Chapter 43 SRO" in the subject line of the email.
- Click here to view the draft proposed changes to 40 TAC, Chapter 41.
- Click here to view the draft proposed changes to 40 TAC, Chapter 43.
DADS requested comments on proposed changes Chapter 49 on July 12, 2013. Click here to view the Provider Alert and proposed changes.(8/20/2013)
Positive Behavior Management Workshop Survey
The Department of Aging and Disability Services (DADS) is seeking input in the planning for the 2013-2014 Positive Behavior Management Workshops. Below is a short survey that will help us ensure that the workshops are beneficial and take into account the geographical needs of providers, family members, staff, and stakeholders that may wish to attend. DADS is asking for all surveys to be completed by August 26, 2013.
Thank you for your participation!(8/19/2013)
Survey of Providers Who Did Not Participate in the Licensed Vocational Nurse (LVN) On-call Pilot Program
The Texas Department of Aging and Disability Services (DADS) and the Texas Board of Nursing (BON) are evaluating the LVN On-call Pilot Program to assess on-call services by telephone to individuals residing in the Home and Community-based Services (HCS)/Texas Home Living (TxHmL) programs and/or in intermediate care facilities for individuals with an intellectual disability or related conditions (ICFs/IID) with a capacity of 13 or fewer beds. As part of the evaluation, DADS and the BON are asking all HCS, TxHmL, and ICF/IID (with a capacity of 13 or fewer beds) administrators, registered nurses, and other professional staff who chose to NOT participate in the program to complete a brief survey regarding their reason(s) for not participating.
This survey is anonymous and requires no identifying information. The information shared with DADS and the BON will serve to improve the LVN On-call Pilot Program.
You may participate in the survey from August 19, 2013 to September 19, 2013. To participate, please go to https://www.surveymonkey.com/s/FSC8ZH3.
For more information on the LVN On-call Pilot Program, please visit the Nursing Services Changes website at http://www.dads.state.tx.us/providers/nschanges/index.cfm.
If you have any questions regarding the information in this alert, please contact the DADS Waiver Survey and Certification unit at 512-438-4163 or an ICF/IID policy specialist in the Regulatory Services Policy, Rules and Curriculum Development unit at 512-438-3161.(8/19/2013)
Financial Management Services Agency Enrollment Training to be held October 16-18, 2013 in Austin
The next enrollment training for entities interested in becoming a Financial Management Services Agency (FMSA) will be held October 16-18, 2013 at the William B. Travis State Office Building, 1701 Congress Ave., Austin, TX, 78701, Room 1-111. Attendance all three days is mandatory for entities wishing to become a FMSA. The training will start at 9:00 a.m. and end at 5:00 p.m. each day.
For detailed information about the enrollment training and registration, please see: http://www.dads.state.tx.us/providers/training/FMSA.cfm.(8/14/2013)
Proposed Amendments in Subchapter N, Texas Home Living (TxHmL) Program, in Chapter 9, Intellectual Disability Services--Medicaid State Operating Agency Responsibilities
The Texas Health and Human Services Commission (HHSC) proposes, on behalf of the Department of Aging and Disability Services (DADS), amendments to §9.553, concerning definitions; §9.555, concerning definitions of TxHmL program service components; §9.567, concerning process for enrollment; §9.578, concerning program provider certification principles: service delivery; and §9.583, concerning TxHmL program principles for local authorities, in Subchapter N, Texas Home Living (TxHmL) Program, in Chapter 9, Intellectual Disability Services--Medicaid State Operating Agency Responsibilities.
The proposed rules were published in the August 2, 2013 issue of the Texas Register. The last day of the 30-day public comment period is September 1, 2013.
You may access the proposed rules in the Texas Register online at:
Records 11 to 20 of 193
Updated: April 19, 2013