10 November 2010

Rosa's Law
President Barack Obama has signed into law Rosa’s Law, which will change references in federal law from mental retardation to intellectual disability, and references to a mentally retarded individual to an individual with an intellectual disability.  For more information visit the website of the President's Committee for People with Intellectual Disabilities.


4 November 2010

 Comments To Be Sought On Revised Standards For Educational And  Psychological Testing
 The Joint Committee for the Revision of the Standards  for Educational and Psychological Testing is  anticipating release of  a revised draft of the 1999 Standards    for Educational and Psychological Testing  (AERA, APA, NCME) during  the week of January 10, 2011.  The revised draft Standards will be posted at http://www.teststandards.net.  An  on-line template will allow individuals and organizations to  review and  comment on the draft document.  All comments and  recommendations  concerning the draft Standards  must be submitted to the Joint Committee through this  website, and will be due  by April 20, 2011.  Please share this announcement with  organizations and  groups interested in professional and scientific issues  concerning testing and assessment.


26 July 2010

The American Psychological Association has distributed this Fact Sheet from the Department of Veterans Affairs concerning the effect of the new health care law on Veterans health care.  The bottom line is that there will be NO change.  However, this Fact Sheet may be helpful if you have clients who are concerned about this.


2 April 2010

The Texas Psychological Association's April E-Newsletter had this article on the recent DARS changes.


5 March 2010

The Spring, 2010, TSBEP Newsletter is now online!


27 February 2010

Sorting out the DARS changes
We have heard from LPAs around the state that DARS is limiting  the assessment services that LPAs can provide.  This will create longer waiting times for fewer services.

We have received a copy of this letter from the Directorate Manager - Medical Relations of the Disability Determination Services of the Texas Department of Assistive and Rehabilitative Services which gives the rationale for the change.  It also states that "effective March 1, 2010, the Mental Status Exam portion of all psychological exams must be performed by a licensed psychologist, not an extender or intern."

One of the sources for information on the determination of disabilities regarding Social Security can be found in the Code of Federal Regulations: 20 CFR§404.1513Medical and other evidence of your impairment(s).

Interestingly, the regulation does allow for information to be provided by a variety of sources, including
(d)Other sources. In addition to evidence from the acceptable medical sources listed in paragraph (a) of this section, we may also use evidence from other sources to show the severity of your impairment(s) and how it affects your ability to work. Other sources include, but are not limited to
            (1) Medical sources not listed in paragraph (a) of this section (for example, nurse-practitioners, physicians' assistants, naturopaths, chiropractors, audiologists, and therapists); . . .


Please contact us if you have been affected by these changes. 



24 August 2009

Medicaid has passed new rules that will allow reimbursement for LPAs. 
They will take effect Sept.1, 2009.  [Deleted wording is lined through; added wording is underlined] 
We have put the wording relating to LPAs is in red.

We applaud the HHSC for taking this action, but we think the problems are obvious.


The Texas Administrative Code (TAC) will reflect these changes when they take effect on Sept. 1.

The proposed amendment affects Texas Human Resources Code Chapter32, and Texas Government Code Chapter 531. No other statutes, articles,or codes are affected by this proposal.
§354.1281.Benefits and Limitations.
(a) Subject to the specifications, conditions, requirements,and limitations established by the Texas Health and Human ServicesCommission (HHSC) or its designee, psychological counseling and services[provided by a licensed psychologist] are covered.[if the services:]
[(1) are within the psychologist'sscope of practice, as defined by state law; and]
[(2) would be covered bythe Texas Medical Assistance Program when they are provided by a licensedphysician (MD or DO).]
(b) To qualify for reimbursement the services must be provided by a:
(1) Licensed psychologist when the following conditions are met:
(A) The services are within the psychologist'sscope of practice, as defined by state law; and
(B) The services would be covered by theTexas Medical Assistance Program when they are provided by a licensedphysician (MD or DO).
       (2) Licensed psychological associate (LPA)when the following conditions are met:
(A) The services are performed under thedirect supervision of a licensed psychologist. The supervising psychologist must be in the same office, building, or facility when and where the service is provided and must be immediately available to furnish assistance and direction; and
               (B) The LPA performing the service must be an employee of either the licensed psychologist or the legal entity that employs the licensed psychologist.
(c) [(b)] To be payable, the services must be reasonable and medically [psychologically] necessary as determined by HHSC [or its designee].[(c) The Texas Medical Assistance Program does not reimburse for the services of a psychological assistant working under the direction of a licensed psychologist.] 
(d) Covered services provided by an LPA must be billed under the Texas Medical Assistance Program provider number of the supervising psychologist or the legal entity employing the supervising psychologist.
(e) [(d)] Licensed psychologists who are employed by or remunerated by a physician, hospital, facility,or other provider may not bill the Texas Medical Assistance Program directly for psychologists' services if that billing would resultin duplicate payment for the same services. If the services are covered and reimbursable by the program, payment may be made to the physician,hospital, or other provider (if approved for participation in the Texas Medical Assistance Program) who employs or reimburses the licensed psychologist. The basis and amount of Medicaid reimbursement depends on the services actually provided, who provided the services, and the reimbursement methodology utilized by the Texas Medical Assistance Program as appropriate for the services and provider(s) involved.This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

The proposed amendment affects Texas Human Resources Code Chapter32, and Texas Government Code Chapter 531, Subchapter J, Division 5 General Administration.
§355.8081. Payments for Laboratory and X-ray Services, Radiation Therapy, Physical Therapists' Services, Physician Services, Podiatry Services, Chiropractic Services, Optometric Services, Ambulance Services, Dentists' Services, and Psychologists' Services
(c)Reimbursement for services provided by a licensed psychologist is described in§355.8085 of this title. Reimbursement for services provided by a licensed psychological associate (LPA) under the supervision of a licensed psychologist is reimbursed to the licensed psychologist at 70 percent of the fee paid to the licensed psychologist for the same service.

We understand that Blue Cross Blue Shield has adopted the same percentage for reimbursing LPAs.