Part XIII.
Texas Incentive and Productivity Commission
Chapter 273.
State Employee Incentive Program
1 TAC §273.1, §273.9
The Texas Incentive and Productivity Commission proposes
amendments to §273.1 and §273.9 concerning employee incentive program
administration. The proposed amendments to the rules are being made to create
a single employee incentive program and to recognize and reward all aspects
of employee involvement, including efforts for which quantifiable savings
cannot be determined. The amended rules will also effect the Commission's
membership and current methods of finance. Restructuring, required by changes
enacted by the 1999 legislature will allow participating agencies to retain
the majority of any realized savings, and allow TIPC to focus on administering
and promoting participation in its programs.
Ed Bloom, Executive Director, has determined for the first five years that
the rules are in effect there will be no fiscal implications for state or
local government as a result of enforcing or administrating the rules.
Ed Bloom has also determined that for the first five-years the rules will
be in effect, the public benefit will be monetary savings, increased revenue,
and improved services as a result of the amendment to the rules. There will
be no anticipated costs to persons who are required to comply with the amendments
as proposed. There will be no adverse economic effect on small businesses
as compared to the effect on large businesses.
Comments on the proposed amendments may be submitted to Ed Bloom, Executive
Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin,
Texas, 78711; or via e-mail at ed.bloom@license.state.tx.
The Commission proposes to adopt these rule amendments pursuant
to Texas Government Code, §2108.004 which authorizes the Commission to
adopt rules.
The rule amendments to §273.1, Definitions, affect code provisions
newly enacted in the 1999 legislature in Senate Bill 355, that added Texas
Government Code, §2108.0235 which provides for recognition awards, §2108.0236
which provides for bonuses for group suggestions, §2108.027 which concerns
multiple and joint suggestions, and §2108.037 which permits agencies
to retain the amount of actual or projected savings attributable to implement
suggestions.
The rule amendments to §273.9 affect Texas Government Code, §2108.024
regarding participant eligibility requirements; §2108.026 regarding suggestion
eligibility requirements; code provisions newly enacted in the 1999 legislature
in Senate Bill 355, that added §2108.0235 which provides for recognition
awards; §2108.0236 which provides for bonuses for group suggestions;
§2108.027 which concerns multiple and joint suggestions; and §2108.037
which permits agencies to retain the amount of actual or projected savings
attributable to implement suggestions.
§273.1.Definitions for the State Employee Incentive Program.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly states otherwise.
(1)-(15)
(No change.)
(16)
Joint suggestion--A suggestion submitted
by two or three employees.
(17)
[
(18)
[
(19)
[
(20)
Recognition award--A $50 award for
approved suggestions not eligible for a bonus.
(21)
[
(22)
[
(23)
[
(24)
State employee group--A group of
four or more state employees employed by the same state agency.
(25)
[
(26)
[
(27)
[
§273.9.Eligibility.
(a)
Employee eligibility. Each state employee is eligible to
participate in the State Employee Incentive Program (program) except an employee:
(1)-(6)
(No change.)
(7)
who is an employee of the commission.
(b)
(No change.)
(c)
Suggestion eligibility. A suggestion is ineligible for
consideration under this Program if it:
(1)-(6)
(No change.)
(7)
proposes an idea that involves delayed
hiring of employees by the agency.
(d)-(f)
(No change.)
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 19, 1999.
TRD-9904326
Ed Bloom
Executive Director
Texas Incentive and Productivity Commission
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 475-2393
1 TAC §§275.1, 275.3, 275.5-275.9, 275.11, 275.13, 275.15-275.17, 275.19, 275.21
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Incentive and Productivity Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Incentive and Productivity Commission
proposes the repeal of Chapter 275, §§275.1, 275.3, 275.5-275.9,
275.11, 275.13, 275.15-275.17, 275.19, and 275.21, which implement the Productivity
Bonus Program.
In compliance with Senate Bill 355, §14(c), which continues the effect
of the repealed statutory provisions for limited purposes, the provisions
of the repealed rules also will continue effect as those rules prior to their
repeal, for purposes of awarding bonuses for which application is made in
accordance with §2108.103 on or before August 1, 1999.
Ed Bloom, Executive Director, has determined that for the first five-year
period the proposed repeals will be in effect, there will be no fiscal implications
for state or local government as a result of administering or enforcing the
repeals. There is not anticipated impact on local or state employment as a
result of implementing the repeals.
Ed Bloom has also determined that for the first five-year period the proposed
repeals will be in effect, the public benefit anticipated as a result of the
repeal is the removal of obsolete rules which will provide space for replacement
rules and the overall improvement in accessibility and clarity of the remaining
rules. There will be no anticipated costs to persons who are required to comply
with the repeals as proposed. There will be no adverse economic effect on
small businesses as compared to the effect on large businesses.
Comments on the repealed rules may be submitted to Ed Bloom, Executive
Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin,
Texas, 78711; or via email at ed.bloom@license.state.tx.us.
The Commission proposes to repeal these rules pursuant to Texas
Government Code §2108.004 which authorizes the Commission to repeal rules.
The rules are being repealed to comply with the passage of 1999 legislation,
Senate Bill 355, which abolished Texas Government Code, Chapter 2108, Subchapter
C, which created and governed the Productivity Bonus Program.
There were no other statutes, codes, or rules affected by the repeal of
these rules.
§275.1.Definitions for the Productivity Bonus Program.
§275.3.Submission of Productivity Plans.
§275.5.Approval by Commission.
§275.6.Establishment of a Productivity Savings Measurement Account.
§275.7.Plan Revisions.
§275.8.Agency Responsibility to Provide Information.
§275.9.Application.
§275.11.Qualifications for Award.
§275.13.Savings Certification.
§275.15.Application Review.
§275.16.Transfer of Savings.
§275.17.Awards to Employees.
§275.19.Awards to Agencies/Divisions.
§275.21.Remainder of Savings.
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 19, 1999.
TRD-9904327
Ed Bloom
Executive Director
Texas Incentive and Productivity Commission
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 475-2393
Chapter 355.
Medicaid Reimbursement Rates
Subchapter J. Purchased Health Services
4.
Hospital Services
1 TAC §355.8061
The Health and Human Services Commission (HHSC) proposes
an amendment to §355.8061 of 1 TAC Chapter 355, Medicaid Reimbursement
Rates, Subchapter J, Purchased Health Services, Division 4, Hospital Services.
Section 355.8061 is being amended to increase reimbursement for outpatient
hospital services to 80.3% of allowable cost. The increase is the result of
additional funds appropriated by the Texas Legislature.
Don Green, chief financial officer, has determined that for each year of
the first five years the proposed amendment is in effect enforcing or administering
the amendment will result in additional costs to the state. The additional
costs are $4,500,000 for Fiscal Year 2000, $4,500,000 for Fiscal Year 2001,
$4,500,000 for Fiscal Year 2002, $4,500,000 for Fiscal Year 2003, and $4,500,000
for Fiscal Year 2004. The amendment does not have foreseeable implications
relating to cost or revenues of local governments.
Mr. Green has also determined that for each year of the first five years
the proposed amendment is in effect the public benefit expected as a result
of the adoption of the amendment is compliance with legislative appropriations.
It is anticipated that there would be no economic cost to persons required
to comply with the proposed amendment.
It is anticipated that the proposed amendment will not affect a local economy.
It is anticipated that the proposed amendment will not have an adverse
economic effect on small businesses.
Comments on the proposal may be submitted to Joe Branton, Policy Specialist,
Medicaid Reimbursement Division, Texas Health and Human Services Commission,
P.O. Box 13247, Austin, Texas 78711-3247, within 30 days of publication of
this issue of the
Texas Register
. To comply
with federal regulations, a copy of the proposal is being sent to each Texas
Department of Human Services (DHS) office where it will be available for public
review upon request.
A public hearing will be held at 11:00 a.m., Central Time, on Tuesday,
August 10, 1999, in room 3501 of the Brown-Heatly State Office Building, 4900
N. Lamar Blvd. Austin, Texas, to accept comments on the proposal.
The amendment is proposed under the Texas Government Code, §531.033,
which provides the commissioner of HHSC with broad rulemaking authority; the
Texas Human Resources Code, §32.021, and the Texas Government Code, §531.021(a),
which provide HHSC with the authority to administer the federal medical assistance
(Medicaid ) program in Texas; and the Texas Government Code, §531.021(b),
which provides HHSC with the authority to adopt rules governing the determination
of Medicaid reimbursements.
This section affects Government Code § 531.021(b), which provides
HHSC with the authority to adopt rules governing the determination of Medicaid
reimbursements.
§355.8061. Payment for Hospital Services.
(a)
The Department of Health
(department)
or its
designated agent shall reimburse hospitals approved for participation in the
Texas Medical Assistance Program for covered Title XIX hospital services provided
to eligible Medicaid recipients. The Texas Title XIX State Plan for Medical
Assistance provides for reimbursement of covered hospital services to be determined
as specified in paragraphs (1)-(3) of this subsection.
(1)
(No change.)
(2)
The amount payable for outpatient hospital services
shall be determined under similar methods and procedures used in the Social
Security Act, Title XVIII, as amended, effective October 1, 1982, by Public
Law 97-248, except as may be otherwise specified by the
Health and Human
Services Commission
[
(3)
(No change.)
(b)-(d)
(No change.)
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 14, 1999.
TRD-9904247
Marina S. Henderson
Executive Deputy Commissioner
Health and Human Services
Earliest possible date of adoption: August 29, 1999
For further information, please call: (512) 424-6576
(16)
] Net cash award--A monetary
amount resulting after necessary taxes are deducted from the award.
(17)
] Originating agency--The
agency of the employee who submits a suggestion.
(18)
] Program--The State Employee
Incentive Program.
(19)
] [
SEIP
] Savings
Measurement Account
(SMA)
[
(SSMA)
]--An account in appropriation
(95752) into which cash, in an amount equal to the projected savings/revenue
resulting from approved employee suggestions, is transferred from the agency's
other appropriations.
(20)
] State agency or agency--A
department, commission, board, office, or other agency in the executive or
judicial branch of government that is created under the constitution or a
statute of this state. This definition includes institutions of higher education.
(21)
] State employee--A state
agency employee.
(22)
] Target agency or affected
agency--The agency which is the object of an employee suggestion.
(23)
] Transfer--The process
by which the amount of net savings/revenue is allocated by an agency in accordance
with the Act.
(24)
] Verification--The process
of determining the amount of net savings or net revenue attributable to an
employee suggestion. The commission, with assistance from the participating
agency, the Comptroller of Public Accounts, the state auditor, or other state
agencies, conducts the verification process.
Chapter 275.
Productivity Bonus Program
Part XV.
Texas Health and Human Services
department
]. Medicaid reimbursement
for outpatient hospital services shall be at 77.6% of allowable cost.
For the 2000-2001 biennium, reimbursement for outpatient hospital services
shall be at 80.3% of allowable cost.
Reimbursement for outpatient hospital
surgery is limited to the lesser of the amount reimbursed to ambulatory surgical
centers (ASCs) for similar services, the hospital's actual charge, the hospital's
customary charge, or the allowable cost determined by the department or its
designee.
5.
General Administration