25 TAC §409.374
The Texas Department of Mental Health and Mental Retardation
(TDMHMR) adopts an amendment to §409.374, concerning institutions for
mental diseases (IMD) without changes to the proposed text as published in
the August 23, 1996, edition of the
Texas Register
(21 TexReg 7938-7939).
The adopted amendments would provide clarification of the time line for
which initial and continued stay authorizations for eligible recipients of
IMD services must be submitted by enrolled providers to the office of Medicaid
Administration. The requirement for submission of the request for initial
authorization would be within seven calendar days of the first day for which
Medicaid reimbursement will be requested. Additionally, the maximum number
of days for which continued stay will be valid would be extended from 30
to 31 days.
Operating agency responsibility for reimbursement of inpatient hospital
services in IMDs was vested in TDMHMR by the single state Medicaid agency,
the Health and Human Services Commission, following the approval of a similar
rule proposal at the July 1996 meeting of the Medical Care Advisory Committee.
The proposed amendments were additionally approved by the TDMHMR Medicaid
Guidance Team and the state Medicaid director.
A public hearing was held on September 9, 1996, during which no oral or
written testimony concerning the proposed amendments was given. There was
no written comment received by the department concerning the proposed amendments
during the required thirty day public comment period.
The section is adopted under the Texas Health and Safety Code,
Title 7, §532.015, which provides the Texas Board of Mental Health and
Mental Retardation with rulemaking powers; and under the provisions of Texas
Government Code, Chapter 531, §531.021, which provides the Health and
Human Services Commission with the authority to administer federal medical
assistance funds.
The amendment affects the Texas Human Resources Code §22.002 and §32.001-
.040 and Texas Government Code, Chapter 531, §531.021.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Issued in Austin, Texas, on January 22, 1997.
TRD-9700981
Ann Utley
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: February 12, 1997
Proposal publication date: August 23, 1996
For further information, please call: (512) 206-4516