1 TAC §361.001
The Health and Human Services Commission submits proposed
new §361.001 in new chapter 361, Children's Health Insurance Program,
concerning the definition of significant traditional providers in the Children's
Health Insurance Program (CHIP). Section 62.155(b) of the Health and Safety
Code, added by Senate Bill 445, 76th Legislature (1999), directs the Health
and Human Services Commission to define significant traditional providers
in the Children's Health Insurance Program by rule. New section 361.001 contains
the new proposed definition.
Mr. Don Green, Chief Financial Officer, has determined that for the first
five-year period that the section is in effect, there will be no net fiscal
implications as a result of administering §361.001. There will be no
fiscal implications for local governments.
Mr. Green has also determined that for the first five-year period the section
is in effect, the public benefit anticipated as a result of enforcing the
section will be the inclusion of providers who have traditionally served a
majority of the recipients in the Medicaid program and enrollees in Texas
Healthy Kids Corporation's program. There will be no costs to small businesses
or persons complying with the section as proposed. There will be no impact
on local employment.
Comments may be submitted in writing to Jason Cooke, Associate Commissioner
for Children's Health, Texas Health and Human Services Commission, 4900 North
Lamar Boulevard, 4th Floor, Austin, Texas 78751, (512) 424-6568, or e-mail
at Jason.Cooke@hhsc.state.tx.us. Comments will be accepted for 30 days following
publication of this proposal in the
Texas Register
.
The new rule is proposed under the Texas Government Code, §531.033,
which provides the commissioner of HHSC with broad rulemaking authority and
under Texas Health and Safety Code, chapter 62, §62.051(d), which authorizes
the commissioner to adopt rules necessary to implement the child health plan
for certain low-income children.
The new rule implements Health and Safety Code, §62.155(b).
§361.001. Definition of Significant Traditional Provider.
In the Children's Health Insurance Program, significant traditional
provider (STP) means:
(1)
all hospitals receiving disproportionate share hospital
funds in State Fiscal Year 1999; and
(2)
all other providers in a county that, when listed
by provider type in descending order by the number of recipient or enrollee
encounters, provided the top 80 percent of recipient or enrollee encounters
for either the Texas Medicaid Program in State Fiscal Year 1997, as previously
determined by the Texas Department of Health or the Texas Healthy Kids Corporation
in State Fiscal Year 1999, as determined by the Texas Healthy Kids Corporation
for each provider type.
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.
Filed with the Office of the Secretary of State, on
July 12, 1999.
TRD-9904182
Marina S. Henderson
Executive Deputy Commissioner
Health and Human Services Commission
Earliest possible date of adoption: August 22, 1999
For further information, please call: (512) 424-6576