Part I.
Texas Department of Human Services
Chapter 19.
Nursing Facility Requirements for Licensure and Medicaid Certification
Subchapter AA. Vendor Payment
40 TAC §19.2612
The Texas Department of Human Services (DHS) proposes new
§19.2612, concerning quality incentive payment, in its Nursing Facility
Requirements for Licensure and Medicaid Certification chapter. The purpose
of the new section is to reward Medicaid nursing facilities which provide
high quality services. The rule allows DHS to establish a quality incentive
payment system under which nursing facilities may receive monetary quality
incentives, on a sliding scale, based on the level of quality in their facilities.
Quality will be measured in two arenas: resident outcomes and regulatory compliance.
Eric M. Bost, commissioner, has determined that for the first five years
the section is in effect there will be fiscal implications for state government
as a result of enforcing or administering the section. The fiscal impact cannot
be determined until the appropriations for Fiscal Year 2000 and 2001 have
been determined. There will be no fiscal implications for local government
as a result of enforcing or administering the new section.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be a higher quality of services within the Medicaid nursing
facilities. There will be no adverse economic effect on large or small businesses.
The quality incentive payments will be in addition to the regular Medicaid
nursing facility rate. There is no anticipated economic cost to persons who
are required to comply with the proposed section.
Questions about the content of this proposal may be directed to Susan Syler
at (512) 438-3111 in DHS's Long Term Care Policy Section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-155,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
The new section is proposed under the Human Resources Code, Title
2, Chapters 22 and 32, which authorizes the department to administer public
and medical assistance programs, and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The new section implements the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
§19.2612.Quality Incentive Payment.
For services delivered after September 1, 1999, the department may
make Quality Incentive payments to facilities according to reimbursement rules
developed by the Health and Human Services Commission. The Department of Human
Services will determine the qualifying facilities.
(1)
The Board of Human Services will review the adopted plan
at least biennially.
(2)
Incentive payments will be based on:
(A)
specific resident care domains selected from the Center
for Health Systems Research and Analysis (CHSRA) Quality Indicators; and
(B)
regulatory compliance.
(3)
The incentive payment is in addition to the daily
vendor rate paid to the provider.
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
April 30, 1999.
TRD-9902566
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Proposed date of adoption: August 15, 1999
For further information, please call: (512) 438-3765
Chapter 104.
Informal Appeals, and Mediation by Applicants/Clients of Determinations by Agency Personnel that Affect the Provision of Vocational Rehabilitation Services
40 TAC §104.5
The Texas Rehabilitation Commission (TRC) proposes an amendment
to §104.5, concerning Informal Appeals, and Mediation by Applicants/Clients
of Determinations by Agency Personnel that Affect the Provision of Vocational
Rehabilitation Services.
The section is being amended to replace the word "opinion" with "decision"
in subsection (k)(1) and (C).
Charles E. Harrison, Jr., Deputy Commissioner for Financial Services, has
determined that for the first five-year period the section is in effect, there
will be no fiscal implications for state or local government.
Mr. Harrison also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be the replacement of the word "opinion" with "decision".
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the section as proposed.
Comments on the proposal may be submitted to Roger Darley, Assistant General
Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite
7300, Austin, Texas 78751.
The amendment is proposed under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
No other statute, article, or code is affected by this proposal.
§104.5. Formal Appeal and Mediation.
(a)
The formal appeal process commences with the filing of
a Petition for Administrative Hearing with the Office for Administrative Hearings
and Subrogation.
(b)
Role of Office for Administrative Hearings and Subrogation.
Upon receipt of the Petition for Administrative Hearing, the Office for Administrative
Hearings and Subrogation shall:
(1)
acknowledge receipt of the petition for administrative
hearing (via certified mail, return receipt requested) and advise the appellant
of the availability of the Client Assistance Program, including the address
and telephone number;
(2)
date-stamp the Petition and record a docket control
number for the appeal;
(3)
select the impartial hearings officer (IHO), who
is appointed by the commissioner, on a random basis from a pool of qualified
persons identified jointly by TRC and the Rehabilitation Council of Texas
in accordance with the Rehabilitation Act and forward a copy of the Petition
for Administrative Hearing to the IHO;
(4)
forward a copy of the Petition for Administrative
Hearing to the Office of the General Counsel, Deputy Commissioner for Rehabilitation
Services and Commission Representative immediately upon receipt;
(5)
provide administrative support to the IHO:
(A)
serve as the custodian of records for all documents, motions,
and pleadings directed to the IHO;
(B)
coordinate and schedule all dates, meetings, hearings;
(C)
make all necessary arrangements for the formal appeal:
(i)
schedule and set up the hearing location;
(ii)
if required, retain the services of a certified shorthand
reporter to prepare a transcript of the proceedings;
(iii)
provide any requested reasonable accommodations;
(6)
compile and maintain the official record
of the appeal;
(7)
accompany IHO to prehearing conference, administrative
hearing and provide necessary assistance during the proceedings;
(c)
Mediation. Applicants and eligible individuals who have
requested appeals may agree with the Commission to attempt resolution of disputes
involving determinations described in §104.3(a) of this title (relating
to General Provisions) through mediation. The mediation process must be voluntary
on the part of the parties. It may not be used to deny or delay the right
of an individual to a hearing under §104.3(h) of this title, or to deny
any other right afforded by law, and it will be conducted by a qualified and
impartial mediator who is trained in effective mediation techniques. The Commission
will bear the cost of the mediation process. Clients/Applicants are responsible
for the cost of any attorney or other person representing him/her.
(1)
List of mediators. The Commission will maintain a list
of individuals who are qualified mediators and knowledgeable in laws (including
regulations) relating to the provision of vocational rehabilitation services
under the Rehabilitation Act of 1973, as amended, from which mediators will
be selected.
(2)
Scheduling. Each session in the mediation process
shall be scheduled in a timely manner and shall be held in a location that
is convenient to the parties to the dispute.
(3)
Agreement. An agreement reached by the parties to
the dispute in the mediation process shall be set forth in a written mediation
agreement and signed by both parties or their representatives, and the mediator.
(4)
Confidentiality. Discussions that occur during the
mediation process shall be confidential and may not be used as evidence in
any subsequent due process hearing or civil proceeding. The parties to the
mediation process may be required to sign a confidentiality pledge prior to
the commencement of such process.
(d)
Impartial Hearing Officer.
(1)
Qualifications. The IHO:
(A)
cannot be an employee of a public agency;
(B)
cannot be a member of the Rehabilitation Council of Texas
(the Act, §105, as amended in 1992); and
(C)
must have knowledge of the delivery of vocational rehabilitation
services, the state plan under the Act, §101, the federal regulations,
and commission rules governing the provision of such services and training
with respect to the performance of official duties;
(D)
must not have been involved in previous decisions regarding
the vocational rehabilitation of the applicant or client;
(E)
must have no personal or financial interest that would
conflict with his/her objectivity;
(F)
must have successfully completed impartial hearings training
presented by the commission; and
(G)
must not be a client of TRC.
(2)
Powers and Duties.
(A)
The IHO shall have the authority and duty to:
(i)
conduct a full, fair, and impartial hearing;
(ii)
take action to avoid unnecessary delay in the disposition
of the proceeding;
(iii)
maintain order; and
(iv)
permit deviations from the rules and procedures prescribed
in subsections (f)-(j) of this section, except subsection (j)(4)(F), in the
interest of justice or to expedite the proceedings. If prior to adjournment
of a hearing either party disagrees with a ruling or otherwise so requests,
the IHO shall include in the written record a justification, and an explanation
of how the decision is in the interest of justice and/or reasonably necessary
to expedite the proceedings. Actions taken under this subsection shall be
limited to procedural matters, and no party shall lose any substantive rights.
(B)
The IHO shall have the power to regulate the course of
the hearing and the conduct of the parties and authorized representative(s),
including the power to:
(i)
administer oaths;
(ii)
take testimony;
(iii)
rule on questions of evidence;
(iv)
rule on discovery issues;
(v)
issue orders relating to hearing and prehearing matters,
including orders granting permission to subpoena witnesses and imposing sanctions
regarding discovery;
(vi)
limit irrelevant, immaterial, and unduly repetitious
testimony and reasonably limit the time for presentations;
(vii)
admit or deny party status;
(viii)
grant continuance(s);
(ix)
require parties to submit legal memoranda, proposed findings
of fact, and conclusions of law;
(x)
make findings of fact and conclusions of law; and
(xi)
issue decisions.
(C)
An IHO shall disqualify him/herself if the IHO has directly
or indirectly had prior involvement with any issues that are the basis for
the hearing, or if the IHO has a personal relationship or familial relationship
with any party or witness.
(D)
Substitution of impartial hearing officers.
(i)
If for any reason an IHO is unable to continue presiding
over a pending hearing or issue a decision after the conclusion of the hearing,
another IHO may be designated as a substitute in accordance with applicable
law and these rules.
(ii)
The substitute IHO may use the existing record and need
not repeat previous proceedings, but may conduct further proceedings as necessary
and proper to conclude the hearing and render a decision.
(e)
Ex Parte Communications. Unless required for the disposition
of ex parte matters authorized by law, the IHO may not communicate, directly
or indirectly, in connection with any issue of fact or law with the commissioner
or any party or a party's representative, except upon notice to all parties.
(f)
Prehearing Procedures.
(1)
Prehearing Conference(s).
(A)
When appropriate, the IHO may hold a prehearing conference
to resolve matters preliminary to the hearing.
(B)
A prehearing conference may be convened to address preliminary
matters including the following listed in clauses (i)-(xv) of this subparagraph:
(i)
issuance of subpoenas;
(ii)
factual and legal issues;
(iii)
stipulations;
(iv)
clarification of the issues at the discretion of the
IHO;
(v)
requests for official notice;
(vi)
identification and exchange of documentary evidence;
(vii)
admissibility of evidence;
(viii)
identification and qualification of witnesses;
(ix)
motions;
(x)
discovery disputes;
(xi)
order of presentation;
(xii)
scheduling;
(xiii)
settlement conferences;
(xiv)
mediation; and
(xx)
such other matters as will promote the orderly and prompt
resolution of the issues and conduct of the hearing.
(C)
Among other matters, as stated in subsection (b) of this
section, an IHO may order:
(i)
that the parties jointly discuss the prospects of settlement
or stipulations or other dispute resolution methods approved herein and be
prepared to report thereon at the prehearing conference;
(ii)
that the parties file and be prepared to argue preliminary
motions at the prehearing conference;
(iii)
that the parties be prepared to specify the controlling
factual and legal issues in the case at the prehearing conference; and
(iv)
that the parties make a concise statement of undisputed
facts and issues at the prehearing conference.
(D)
All or part of the prehearing conference may be recorded
or transcribed.
(E)
The IHO may, after acquiring jurisdiction, issue an order
requiring a prehearing "statement of the case." The parties shall file a statement
specifying the party's present position on any or all of the following listed
in clauses (i)-(v) of this subparagraph as required by the IHO. Parties shall
supplement this statement on a timely basis. The statement may include:
(i)
the disputed issues or matters to be resolved;
(ii)
a brief statement of the facts or arguments supporting
the party's position in each disputed issue or matter;
(iii)
a list of facts or exhibits to which a party will stipulate;
and
(iv)
a list of the witnesses which each party intends to call
at the hearing, including a designation of each as either a fact or expert
witness, and a brief statement summarizing the testimony and/or opinions (experts)
of each witness.
(2)
Prehearing Orders.
(A)
The IHO may issue a prehearing order reciting the actions
taken or to be taken with regard to any matter addressed at the prehearing
conference.
(B)
The prehearing order shall be a part of the hearing record.
(C)
If a prehearing conference is not held, the IHO may issue
a prehearing order to regulate the conduct of the proceedings of the formal
hearing.
(3)
Stipulations.
(A)
The parties, by stipulation, may agree to any substantive
or procedural matter.
(B)
A stipulation shall be filed in writing or entered on
the record at the prehearing (or hearing).
(C)
The IHO may require additional development of stipulated
matters.
(g)
Pleadings.
(1)
In a formal appeal all pleadings, including the Petition
for Administrative Hearing, shall contain:
(A)
the name of the party making the pleading;
(B)
the names of all other known parties;
(C)
a concise statement of the facts alleged and relied upon;
(D)
a statement of the type of relief, action, or order desired;
(E)
any other matter required by law;
(F)
a certificate of service, as required by these rules;
and
(G)
the signature of the party making the pleading or the
party's authorized representative.
(2)
Any pleading filed pursuant to a formal appeal
may be amended up to 14 days prior to the hearing. Amendments filed after
that time will be accepted at the discretion of the IHO.
(3)
Any pleading may adopt and incorporate, by specific
reference thereto, any part of any document or entry in the official files
and records of the Commission. All pleadings relating to any matter pending
before the Commission shall be filed with the IHO through the Office for Administrative
Hearings and Subrogation.
(4)
All pleadings shall be typed or printed on 8 1/2
by 11 inch paper with a one-inch margin. Reproductions are acceptable, provided
all copies are clear and permanently legible.
(5)
Pleadings shall contain the name, address, and telephone
number of the party filing the document or the name, telephone number, and
business address of the authorized representative.
(6)
The party or the party's designated representative
filing the pleading shall include a signed certification that a true and correct
copy of the pleading has been served on every other party.
(h)
Dismissal. After giving notice and hearing, the IHO may
upon the motion of any party or the IHO's own motion, dismiss the appeal upon
showing of any one of the following:
(1)
failure to prosecute;
(2)
unnecessary duplication of proceedings or res judicata;
(3)
withdrawal;
(4)
moot questions;
(5)
lack of jurisdiction;
(6)
failure to raise a material issue in the pleading;
(7)
failure of a party to appear at a scheduled hearing.
(i)
Motions.
(1)
Unless otherwise provided by these rules, the following
shall apply.
(A)
A party may move for appropriate relief before or during
a hearing.
(B)
A party shall submit all motions in writing or orally
at a hearing.
(C)
Written motions shall:
(i)
be filed no later than 15 days before the date of the
hearing, except where good cause is stated in the motion, the IHO may permit
a written motion subsequent to that time;
(ii)
state concisely the question to be determined;
(iii)
be accompanied by any necessary supporting documentation;
and
(iv)
be served on each party.
(D)
An answer to a written motion shall be filed on the earlier
of:
(i)
seven days after receipt of the motion; or
(ii)
on the date of the hearing.
(E)
On written notice to all parties or with telephone consent
of all parties, the IHO may schedule a conference to consider a written motion.
(F)
The IHO may reserve ruling on a motion until after the
hearing.
(G)
The IHO may issue a written decision or state the decision
on the record.
(H)
If a ruling on a motion is reserved, the ruling shall
be in writing and may be included in the IHO's decision.
(I)
The filing or pendency of a motion does not alter or extend
any time limit otherwise established by these rules.
(2)
Continuance(s) may be granted by the IHO in
accordance with applicable law. Motions for continuances shall be in writing
or stated in the record and shall set forth the specific grounds upon which
the party seeks the continuance.
(3)
Unless made during a prehearing or hearing, a party
seeking a continuance, cancellation of a scheduled proceeding, or extension
of an established deadline must file such motion no later than 10 days before
the date or deadline in question. A motion filed less than 10 days before
the date or deadline in question must contain a certification that the movant
contacted the other party(ies) and whether or not it is opposed by any party(ies).
Further, if a continuance to a certain date is sought, the motion must include
a proposed date or dates and must indicate whether the party(ies) contacted
agree on the proposed new date(s).
(j)
Hearing.
(1)
The IHO shall set the date and time for the hearing. The
location shall be the Commission's regional or area office nearest the Appellant's
residence or as agreed to by the parties.
(2)
Order of procedure at the hearing.
(A)
The appellant may state briefly the nature of the claim
or defense, what the appellant expects to prove, and the relief sought. Immediately
thereafter, the respondent may make a similar statement, and any other parties
will be afforded similar rights as determined by the IHO. Each party is allowed
10 minutes for such statement.
(B)
Evidence shall then be introduced by the appellant. The
respondent and any other parties shall have the opportunity to cross-examine
each of the appellant's witnesses.
(C)
Cross-examination is not limited solely to matters raised
on direct examination. Parties are entitled to redirect and recross-examination.
(D)
Unless the statement has already been made, the respondent
may briefly state the nature of the claim or defense, what the respondent
expects to prove, and the relief sought.
(E)
Evidence, if any, shall be introduced by the respondent.
The appellant and any other parties shall have the opportunity to cross-examine
each of the respondent's witnesses.
(F)
Any other parties may make statements and introduce evidence.
The appellant and respondent shall have opportunity to cross-examine the other
parties' witnesses.
(G)
The parties may present rebuttal evidence.
(H)
The parties may be allowed closing statements at the discretion
of the IHO.
(I)
The IHO may permit deviations from this order of procedure
in the interest of justice or to expedite the proceedings.
(J)
Parties shall provide four copies of each exhibit offered.
(3)
No evidence shall be admitted which is irrelevant,
immaterial, or unduly repetitious.
(4)
Documentary evidence and official notice.
(A)
Documentary evidence may be received in the form of copies
or excerpts if the original is not readily available. On request, parties
shall be given an opportunity to compare the original and the copy or excerpts.
(B)
When numerous similar documents which are otherwise admissible
are offered into evidence, the IHO may limit the documents received to those
which are typical and representative. The IHO may also require that an abstract
of relevant data from the documents be presented in the form of an exhibit,
provided that all parties of record or their representatives be given the
right to examine the documents from which such abstracts were made.
(C)
The following laws, rules, regulations, and policies are
officially noticed:
(i)
the Rehabilitation Act of 1973, as amended, 29 United
States Code, §701 et seq.;
(ii)
Department of Education regulations, 34 Code of Federal
Regulations, Part 361;
(iii)
Texas Human Resources Code, Title 7, §111 et seq.;
(iv)
TRC State Plan for Vocational Rehabilitation Services;
(v)
TRC Rehabilitation Services Manual; and
(vi)
TRC Administrative Policies and Procedures Manual.
(D)
Exhibits.
(i)
Exhibits shall not exceed 8 1/2 by 11 inches (unless they
are folded to that size). Maps, drawings, and other exhibits which are not
the required size shall be rolled or folded so as not to unduly encumber the
record. Exhibits not conforming to this rule may be excluded.
(ii)
Exhibits shall be limited to facts material and relevant
to the issues involved in a particular proceeding.
(iii)
The original of each exhibit offered shall be tendered
to the court reporter for identification.
(iv)
In the event an exhibit has been identified, objected
to, and excluded, the IHO shall determine whether or not the party offering
the exhibit withdraws the offer, and, if so, permit the return of the exhibit.
If the excluded exhibit is not withdrawn it shall be given an exhibit number
for identification, shall be endorsed by the IHO with a ruling, and shall
be included in the record for the only purpose of preserving the exception.
(E)
Offer of proof. When testimony on direct examination is
excluded by ruling of the IHO, the party offering such evidence shall be permitted
to make an offer of proof by dictating or submitting in writing the substance
of the proposed testimony prior to the conclusion of the hearing. The IHO
may ask such questions of the witness as deemed necessary to satisfy that
the witness would testify as represented in the offer of proof.
(5)
Failure to attend hearing and default. If, after
receiving notice of a hearing, a party fails to attend a hearing, the IHO
may proceed in that party's absence and, where appropriate, may issue a decision
against the defaulting party.
(k)
Impartial Hearing Officer Decision.
(1)
Within 30 days of the hearing completion date, the IHO
shall issue
a decision
[
(A)
findings of fact;
(B)
conclusions of law; and
(C)
decision
[
(2)
The Office for Administrative Hearings and Subrogation
shall submit the IHO opinion to the Commissioner with a copy to each party.
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
May 3, 1999.
TRD-9902587
Charles Schiesser
Chief of Staff
Texas Rehabilitation Commission
Earliest possible date of adoption: June 13, 1999
For further information, please call: (512) 424-4050
Chapter 700.
Child Protective Services
Subchapter R. Cost-Finding Methodology for 24-Hour Child-Care Facilities
40 TAC §700.1802
The Texas Department of Protective and Regulatory Services
(TDPRS) proposes an amendment to §700.1802, concerning cost-finding analysis,
in its Child Protective Services chapter. Rules for the cost-finding methodology
for 24-hour child care facilities currently include therapy costs in its recommended
payment rates for Levels of Care 3 through 6. The purpose of the amendment
is to require contractors to access Medicaid for Medicaid-allowable therapy
with certain exceptions. The current payment rate for Levels of Care 3 through
6 will not change as a result of this rule change.
Cindy Brown, Budget and Analysis Division Director, has determined that
for the first five-year period the proposed section will be in effect there
will be fiscal implications for state government as a result of enforcing
or administering the section. As the state is currently not accessing Medicaid
funding for these services, this rule change will allow state access to these
federal funds. The expected increase in state matching costs cannot be projected
at this time, but it should not be material. There will be no fiscal implications
for local government as a result of enforcing or administering the amendment.
Ms. Brown also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be that children in TDPRS conservatorship who reside in TDPRS
contracted 24-hour child care facilities will have access to an additional
resource for therapy services. There will be no adverse effect on small businesses
because the policy will result in contracted 24-hour child care facilities
having access to an additional resource for providing therapy services to
children in their care. The effect on small businesses is the same for businesses
other than small businesses. There is no anticipated economic cost to persons
who are required to comply with the proposed section.
Questions about the content of the proposal may be directed to Clarice
Cefai at (512) 438-5330 in TDPRS's Budget and Analysis Section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-104,
Texas Department of Protective and Regulatory Services E-205, P.O. Box 149030,
Austin, Texas 78714-9030, within 30 days of publication in the
Texas Register
.
The amendment is proposed under the Human Resources Code (HRC),
Chapter 40, which describes the services authorized to be provided by the
Texas Department of Protective and Regulatory Services, specifically §40.029
granting rulemaking authority to TDPRS, §40.052 regarding delivery of
services, §40.0563 relating to the use of federal funds, and §40.058
relating to contracts and agreements.
The amendment implements the HRC, Chapter 40, which authorizes the department
to enter into agreements with federal, state, or other public or private agencies
or individuals to accomplish the purposes of the programs authorized by the
HRC and which authorizes the department to enter into contracts as necessary
to perform any of its powers or duties.
§700.1802.Cost-finding Analysis.
(a)-(b)
(No change.)
(c)
To develop rate recommendations for Board consideration
for Levels of Care 2 through 6 and emergency shelters, TDPRS analyzes the
information submitted in provider cost reports and related documentation in
the following ways.
(1)-(8)
(No change.)
(9)
TDPRS includes therapy costs in its recommended payment
rates for
emergency shelters. TDPRS only includes therapy costs in its
recommended payment rates for
Levels of Care 3 through 6 [
(A)
The provider must access Medicaid
for therapy for children in their care unless:
(i)
the child is not eligible for Medicaid; or
(ii)
the necessary therapy is not a service covered
by Medicaid; or
(iii)
service limits have been exhausted and the
provider has been denied an extension; or
(iv)
there are no Medicaid providers available that
meet the needs identified in the service plan within 45 miles to provide the
therapy; or
(v)
it is essential and in the child's best interest
for a non- Medicaid provider to provide therapy to the child and arrange for
a smooth coordination of services for a transitional period of time not to
exceed six weeks or six sessions. Any exception beyond the six weeks or six
sessions must be approved by TDPRS prior to the provision of services.
(B)
Only if one of the conditions
in subparagraph (A) of this paragraph apply are the associated costs to be
covered by the level of care payment and considered allowable for inclusion
on the provider's cost report.
(10)-(17)
(No change.)
(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
April 30, 1999.
TRD-9902570
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Proposed date of adoption: September 1, 1999
For further information, please call: (512) 438-3765
The Texas Department of Protective and Regulatory Services (TDPRS)
proposes amendments to §725.2024 and §725.3044, concerning requesting
an administrative review and application, in its General Licensing Services
chapter. The purpose of the amendment to §725.2024 is to clarify procedures
for requesting administrative reviews of actions or decisions made by Licensing
staff. The purpose of the amendment to §725.3044 is to clarify which
facilities are exempt from application fees and licensing fees and eliminate
inconsistencies regarding timeframes for notifying applicants regarding the
acceptance of their applications.
Cindy Brown, Budget and Analysis Division Director, has determined that
for the first five-year period the proposed amendment to §725.2024 will
be in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering the section. Ms. Brown has determined
that for the first five-year period the proposed amendment to §725.3044
will be in effect there will be fiscal implications for state government as
a result of enforcing or administering the section. The effect on state government
for the first five-year period the proposal will be in effect is an estimated
increase in revenue of $105 in fiscal year (FY) 1999; $1,225 in FY 2000; $1,225
in FY 2001; $1,225 in FY 2002; and $1,225 in FY 2003. There will be no fiscal
implications for local government as a result of enforcing or administering
either amendment.
Ms. Brown also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be to (1) clarify which facilities are exempt from application
and license fees, (2) clarify the procedures for accepting applications, and
(3) eliminate inconsistencies in timeframes for requesting administrative
reviews. The amendment to §725.2024 will have no adverse impact on small
businesses because the proposed section clarifies information in the existing
rule regarding procedures related to Licensing regulations. The amendment
to §725.3044 will have an adverse economic effect on small businesses.
In accordance with the Human Resources Code, Chapter 42, this amendment requires
that non-profit 24-hour child care facilities that charge no fees for their
services, non-profit 24-hour child care facilities that provide care for children
in TDPRS's managing conservatorship, licensed foster family homes, and licensed
foster group homes pay a $35 application fee. Because the fee is nominal,
the effect on small businesses and large businesses is expected to be the
same. There is no anticipated economic cost to persons who are required to
comply with proposed §725.2024. The anticipated economic cost to persons
who are required to comply with proposed §725.3044 is an additional cost
of $35 per facility in fiscal year (FY) 1999; $35 per facility in FY 2000;
$35 per facility in FY 2001; $35 per facility in FY 2002; and $35 per facility
in FY 2003.
Questions about the content of the proposal may be directed to Char Bateman
at (512) 438-2247 in TDPRS's Licensing Division. Written comments on the proposal
may be submitted to Supervisor, Rules and Handbooks Unit-136, Texas Department
of Protective and Regulatory Services E-205, P.O. Box 149030, Austin, Texas
78714-9030, within 30 days of publication in the
Texas Register
.
Subchapter U. Day Care Licensing Procedures
Part II.
Texas Rehabilitation Commission
an opinion
] based on the provisions
of the approved State plan, the applicable regulations, and the Act which
shall contain separately stated:
opinion
].
Part XIX.
Texas Department of Protective and Regulatory Services
and for
emergency shelters
]
if the provider cannot access Medicaid
.
Chapter 725.
General Licensing Procedures