Section 351.805 - State Medicaid Managed Care Advisory Committee(a) Statutory authority. The State Medicaid Managed Care Advisory Committee (SMMCAC) is established under Texas Government Code § 523.0201 and is subject to §351.801 of this division (relating to Authority and General Provisions).(b) Purpose. The SMMCAC advises the Texas Health and Human Services Commission (HHSC) executive commissioner and the health and human services system (HHS) on the statewide operation of Medicaid managed care, including:(1) program design and benefits;(2) systemic concerns from consumers and providers;(3) efficiency and quality of services;(4) contract requirements;(5) provider network adequacy;(6) trends in claims processing; and(7) other issues as requested by the HHSC executive commissioner.(c) Tasks. The SMMCAC performs the following tasks:(1) makes recommendations to HHSC;(2) advises HHSC on Medicaid managed care issues;(3) disseminates Medicaid managed care best practice information as appropriate;(4) adopts bylaws to guide the operation of the SMMCAC; and(5) performs other tasks consistent with its purpose.(d) Reporting requirements.(1) Report to the HHSC executive commissioner. No later than December 31st of each year, the SMMCAC files an annual written report with the HHSC executive commissioner covering the meetings and activities in the immediately preceding fiscal year. The report includes:(A) a list of the meeting dates;(B) the members' attendance records;(C) a brief description of actions taken by the SMMCAC;(D) a description of how the SMMCAC accomplished its tasks;(E) a summary of the status of any recommendations that the SMMCAC made to HHSC;(F) a description of activities the SMMCAC anticipates undertaking in the next fiscal year;(G) recommended amendments to this section; and(H) the costs related to the SMMCAC, including the cost of HHSC staff time spent supporting the SMMCAC's activities and the source of funds used to support the SMMCAC's activities.(2) Report to the Texas Legislature. By December 31st of each even-numbered year, the SMMCAC files a written report with the Texas Legislature of any policy recommendations made to the HHSC executive commissioner.(e) Meetings.(1) Open meetings. The SMMCAC complies with the requirements for open meetings under Texas Government Code Chapter 551 as if it were a governmental body.(2) Frequency. The SMMCAC will meet quarterly.(3) Quorum. Thirteen members constitute a quorum.(f) Membership.(1) The SMMCAC is composed of no more than 24 members appointed by the HHSC executive commissioner. In selecting members to serve on the SMMCAC, HHSC:(A) considers the applicant's qualifications, background, and interest in serving; and(B) tries to choose committee members who represent the diversity of all Texans, including ethnicity, gender, and geographic location.(2) The SMMCAC consists of representatives of the following categories:(A) ten people who are enrolled in Medicaid managed care or represent a person enrolled in Medicaid managed care and who are appointed from one or more of the following subcategories:(i) a person who has low-income, a family member of the person, or an advocate representing people with low-income;(ii) a person with an intellectual, a developmental, or a physical disability, including a person with autism spectrum disorder, or a family member of the person, or an advocate representing people with an intellectual, a developmental, or a physical disability, including persons with autism spectrum disorder;(iii) a person using mental health services, a family member of the person, or an advocate representing people who use mental health services;(iv) a person using non-emergency medical transportation services, a family member of the person, or an advocate representing persons using non-emergency medical transportation;(v) a person who is dually enrolled in Medicaid and Medicare, a family member of the person, or an advocate representing persons who are dually enrolled in Medicaid and Medicare;(vi) a family member of a child who is a Medicaid recipient or an advocate representing children who are Medicaid recipients, except for a child with special health care needs listed in clause (vii) of this subparagraph;(vii) a family member of a child with special health care needs or an advocate representing children with special health care needs;(viii) a person who is 18 years of age or older who will transition or has transitioned from a child and adolescent managed care program to an adult managed care program, a guardian of the person, or an advocate representing persons transitioning from a child and adolescent managed care program to an adult managed care program; or(ix) a person who is 65 years of age or older, the person's family member, or an advocate representing persons who are 65 years of age or older;(B) ten providers contracted with Texas Medicaid managed care organizations, appointed from one or more of the following subcategories:(iii) primary care providers;(iv) pediatric health care providers;(vi) obstetrical care providers;(vii) providers serving people dually enrolled in Medicaid and Medicare;(viii) providers serving people who are 21 years of age or older and have a disability;(ix) non-physician mental health providers;(x) long-term services and supports providers, including nursing facility providers and direct service workers; or(xi) an organization, association, corporation that is representative of and located in, or in close proximity to, a community where it serves or conducts outreach for:(I) people enrolled in Medicaid;(II) children from families that are low-income;(III) children with special health care needs;(IV) people with disabilities;(V) people 65 years of age or older; or(VI) people needing perinatal care; and(C) four managed care organizations participating in Texas Medicaid, including:(ii) community-based plans; and(iii) dental maintenance organizations (for the purpose of this section).(3) HHSC appoints members for staggered terms so that terms of an equal or almost equal number of members expire on August 31st of each year. Regardless of the term limit, a member serves until his or her replacement has been appointed. This ensures sufficient, appropriate representation.(A) If a vacancy occurs, the HHSC executive commissioner will appoint a person to serve the unexpired portion of that term.(B) Except as may be necessary to stagger terms, the term of each member is three years. A member may apply to serve one additional term.(g) Officers. The SMMCAC selects a chair and vice chair of the committee from among its members.(1) The chair serves until December 1st of each even-numbered year. The vice chair serves until December 1st of each odd-numbered year.(2) A member may serve up to two consecutive terms as chair or vice chair.(h) Required Training. Each member must complete training, which will be provided by HHSC, on relevant statutes and rules, including:(2) §351.801 of this division;(3) Texas Government Code § 523.0201;(4) Texas Government Code Chapters 551, 552, and 2110;(5) the HHS Ethics Policy;(6) the Advisory Committee Member Code of Conduct; and(7) other relevant HHS policies.(i) Travel Reimbursement. To the extent permitted by the current General Appropriations Act, HHSC may reimburse a SMMCAC member for his or her travel to and from SMMCAC meetings only if:(1) funds are appropriated and available; and(2) the member:(A) receives Medicaid services or is a family member of a client that receives Medicaid services; and(B) submits the request for travel reimbursement in accordance with the HHSC Travel Policy.(j) Date of abolition. The SMMCAC is abolished, and this section expires, on December 31, 2028.1 Tex. Admin. Code § 351.805
Adopted by Texas Register, Volume 41, Number 25, June 17, 2016, TexReg 4433, eff. 7/1/2016; Amended by Texas Register, Volume 44, Number 08, February 22, 2019, TexReg 0807, eff. 2/25/2019; Amended by Texas Register, Volume 45, Number 04, January 24, 2020, TexReg 523, eff. 1/27/2020; Amended by Texas Register, Volume 47, Number 22, June 3, 2022, TexReg 3241, eff. 6/9/2022; Amended by Texas Register, Volume 49, Number 46, November 15, 2024, TexReg 9201, eff. 11/20/2024