TITLE 1.ADMINISTRATION

Part 5. GENERAL SERVICES COMMISSION

Chapter 125. SUPPORT SERVICES DIVISION--TRAVEL AND VEHICLE

The General Services Commission, Office of Vehicle Fleet Management, proposes amendments to Title 1, T.A.C., Subchapter A - Travel Management Services, §125.3; Subchapter B - State Vehicle Fleet Management, §125.41 and proposed new §§125.42 and 125.43; and Subchapter C - Texas Alternative Fuels Program, proposed amendments to §§125.63 and 125.65. The amendments and new rules concern the State Vehicle Fleet Management Plan ("the Plan") and are proposed in accordance with the requirements of the Texas Government Code, §§2171.104 and 2171.1045.

Mr. Frank Mays, Division Director for Support Services, has determined that for the first five-year period the amended and new rules are in effect, there will be fiscal implications for state government. State agencies will incur the following costs as a result of the implementation of a new fleet data management system as required by the State Vehicle Fleet Management Plan (the Plan). First year cost to all state agencies (as defined by Title 1, TAC §125.3) are estimated to be approximately $27 per vehicle. Second year costs are estimated at $17 per vehicle. Third, fourth and fifth year costs are estimated at $5 per vehicle.

There will be no fiscal implications for local governments as a result of enforcing these rules.

Mr. Frank Mays, Division Director for Support Services, further determines that for each year of the first five-year period the new rules are in effect, the public benefit anticipated as a result of enforcing these rules will be rules that carry out the legislative intent of Texas Government Code, §§2171.104 and 2171.1045 that directs each state agency to adopt rules consistent with the Plan relating to the assignment and use of agencies' vehicles. The amendments and new rules will also provide additional definitions to clarify language; state the commission's adherence to the Plan developed by the Office of Vehicle Fleet Management (OVFM) under the direction of the Council of Competitive Government; provide for the disposal of vehicles that are under-used; the maintenance of vehicle fleet data; the use of state fuel contracts and alternative fuels; and the utilization of fleet management "Best Practices" when appropriate and feasible.

There will be no effect on large, small or micro-businesses. There is no anticipated economic cost to persons who are required to comply with these rules and there is no impact on local government.

Comments on the proposals may be submitted to Ann Dillon, General Counsel, General Services Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments must be received no later than thirty days from the date of publication of the proposal to the Texas Register .

Subchapter A. TRAVEL MANAGEMENT SERVICES

1 TAC §125.3

The amendment is proposed under the authority of the Texas Government Code, Title 10, Subtitle D, §§ 2171.104 and 2171.1045 which provides the General Services Commission with the authority to promulgate rules consistent with the Plan.

The following code is affected by these rules: Government Code, Title 10, Subtitle D, Chapter 2171.

§125.3.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1)

Accumulated depreciation--The total amount of vehicle depreciation recorded in the Vehicle Information Program.

(2)

Airlines Reporting Corporation (ARC)--The organization of participating airlines which provides a common method of approving travel agency locations for the sale of domestic air transportation.

(3)

Alternative fuel--Compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, methanol (or M85), or ethanol (or E85).

(4)

Alternative fuel vehicle--A motor vehicle capable of using alternative fuel in the original equipment manufactured engine, or in a converted traditional gasoline or diesel engine.

(5)

Assigned vehicle--A state vehicle normally driven by the same employee or small specific group of employees.

(6)

Book value--The capitalized value less the accumulated depreciation.

(7)

Capitalized value--The original cost of a vehicle, plus later adjustments for major additions or improvements.

(8)

City pair--A one-way airline flight between two cities, from origin to destination, regardless of stopovers or connections.

(9)

Commission--The General Services Commission.

(10)

Computerized Reservations System (CRS)--One of a number of interactive electronic systems linking individual travel agencies to a central airline-owned computer, allowing agents to make availability inquiries and travel reservations.

(11)

Corporate travel charge card--A method of payment for travel services.

(12)

Depreciation rate--A uniform mathematical factor which reflects a vehicle's loss of market value due to wear, deterioration, or obsolescence.

(13)

Direct labor--The cost of labor associated with repairing or servicing vehicles, whether performed by a contractor or state employee.

(14)

Disposal date--The date on which a state vehicle is no longer included in a state agency's property inventory.

(15)

Downtime--The total number of working hours a state vehicle, otherwise eligible for assignment, is out of service for repair or maintenance.

(16)

Driver's handbook--A reference manual or guide detailing state agency operational policy and procedure for state vehicles.

(17)

Facility--A building used for meetings, conventions, conferences, and seminars.

(18)

Field Employee -- A state employee whose regular duties require work in locations other than agency headquarters or regional offices and who regularly require a vehicle for ongoing daily duties.

(19)

[ (18) ] Fleet officer--The individual designated by each state agency who is responsible for the timely and accurate submission of all required information utilized by the vehicle fleet management system.

(20)

[ (19) ] Gross vehicle weight (GVW)--The greatest weight of vehicle and load which the manufacturer recommends that a vehicle accommodate. The GVW includes the total weight of chassis, cab, body, special equipment, oil, water, gasoline, driver, and the maximum payload.

(21)

[ (20) ] Group/Meeting Planning Requisition--The form developed by the program for state agencies to request Group/Meeting Planning Services.

(22)

[ (21) ] Indirect labor--The labor cost of vehicle fleet related employees whose time cannot be identified with repairing or servicing individual vehicles.

(23)

[ (22) ] International Airlines Travel Agent Network (IATAN)--The organization of participating airlines which provides a common method of approving authorized agency locations for the sale of international air transportation.

(24)

[ (23) ] Negotiated rate--A price for a travel service negotiated or awarded by the program.

(25)

[ (24) ] Nonparticipating state agency--Any state agency that has not submitted a properly completed and approved travel service requisition.

(26)

[ (25) ] Nonresident bidder- A person who is not a resident bidder.

(27)

[ (26) ] Official state business travel--The travel undertaken by a state official or employee to conduct official state business or to represent the state in an official capacity.

(28)

[ (27) ] Official county business--The travel undertaken by a county officer or employee, including a county sheriff, deputy sheriff, or juvenile probation officer, to conduct official county business or to represent the county in an official capacity.

(29)

[ (28) ] On-Site Location-- A full-service travel agency office located on state property, in accordance with Chapter 2165, Subchapter E of the government Code that processes travel reservations for high-volume state agencies.

(30)

OVFM - Office of Vehicle Fleet Management.

(31)

[ (29) ] Participating County--A county that has executed a Commissioner's Court Resolution and paid the participation fee for the county to use the contract airline fares.

(32)

[ (30) ] Participating state agency--A state agency that has submitted a properly completed and approved travel service requisition.

(33)

[ (31) ] Passenger Name Record (PNR)-- A record in a computer reservation system that contains all travel arrangements and information for a particular trip for a specific traveler.

(34)

[ (32) ] Pool vehicle--A vehicle normally garaged in a central location for use by any authorized employee of the state agency.

(35)

[ (33) ] Program--The State Travel Management Program.

(36)

[ (34) ] Proposal--The response made by a travel vendor to provide goods or services in accordance with the terms and conditions of an issued request for proposal.

(37)

[ (35) ] Proposal evaluation team--The group of individuals selected by the program to evaluate proposals made in response to an issued request for proposal.

(38)

[ (36) ] Rental car--A vehicle not owned by the State of Texas and rented from a rental car vendor.

(39)

[ (37) ] Request for proposal--An official solicitation to receive proposals from competitive sources in accordance with specific terms and conditions contained in the solicitation documents.

(40)

[ (38) ] Resident bidder- A person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

(41)

[ (39) ] Revenue Sharing--A percentage of revenue received by the state from contract travel vendors.

(42)

[ (40) ] Salvage value--The amount expected to be realized from the disposal of a vehicle at the conclusion of its useful life.

(43)

[ (41) ] Satellite Ticket Printer (STP) Location- A location at which travel documents are printed by means of a ticket printing device.

(44)

[ (42) ] Special purpose vehicle (SPV)--A motor vehicle commercially designed to be used primarily for purposes other than to provide transportation service for personnel, supplies, or equipment.

(45)

[ (43) ] Standard labor rate (SLR)--A rate computed to approximate the total hourly cost of salaries and related fringe benefits.

(46)

[ (44) ] State agency--

(A)

any department, commission, board, office, council, or other agency in the executive branch of state government created by the constitution or by a statute of this state;

(B)

the Supreme Court of Texas, the Court of Criminal Appeals of Texas, a court of civil appeals, or the Texas Civil Judicial Council;

(C)

a university system or an institution of higher education as defined in the Texas Education Code, §61.003, other than a public junior college.

(47)

[ (45) ] State employee--A person employed by a state agency, or an elected or appointed state official.

(48)

[ (46) ] State vehicle--Any state-owned vehicle which is propelled by a self-contained engine and is licensed to operate on public highways.

(49)

[ (47) ] Texas State Travel Directory --The directory distributed by the program which lists travel guidelines, contract travel vendors and negotiated rates. All or part of the Texas State Travel Directory and updates are accessible on the commission's web site at www.gsc.state.tx.us.

(50)

[ (48) ] Transfer date--The date a vehicle is transferred from one state agency to another.

(51)

[ (49) ] Transition- A designated period of time that a terminated contract travel vendor agency or travel agent provides travel services until a successor is selected and performing services as required by the commission's contract.

(52)

[ (50) ] Travel agency --Any individual, corporation, association, partnership, company, or firm designated as an appointed airline industry agent by the Airlines Reporting Corporation or the International Airlines Travel Agent Network, an airline, or a company, corporation, association, partnership, or firm owned by an airline or group of airlines which provides travel reservations and ticketing services.

(53)

[ (51) ] Travel agency services contract--Terms and conditions established by the commission's State Travel Management Program to ensure travel agencies meet minimum requirements to provide travel services for the State of Texas.

(54)

[ (52) ] Travel service requisition--The form developed by the program for state agencies to request services provided by the State Travel Management Program.

(55)

[ (53) ] Travel status--When a state employee conducts official state business for which travel expenses may be eligible for reimbursement in accordance with the Comptroller of Public Accounts State of Texas Travel Allowance Guide.

(56)

[ (54) ] Travel vendor--A provider of any travel or transportation service.

(57)

[ (55) ] Traveler--A person who is eligible to use the program's contract services and negotiated rates.

(58)

[ (56) ] Vehicle fleet management system--A computerized data retrieval system to assist each state agency in the management of its vehicle fleet.

(59)

[ (57) ] Vehicle inventory--A list of state agency vehicles by type and class which is utilized to determine their average cost of operation.

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 January 26, 2001.

TRD-200100506

Cynthia Hill

Acting General Counsel

General Services Commission

Earliest possible date of adoption: March 11, 2001

For further information, please call: (512) 463-3960


Subchapter B. STATE VEHICLE FLEET MANAGEMENT

1 TAC §§125.41 - 125.43

The amendment and new rules are proposed under the authority of the Texas Government Code, Title 10, Subtitle D, §§ 2171.104 and 2171.1045 which provides the General Services Commission with the authority to promulgate rules consistent with the Plan.

The following code is affected by these rules: Government Code, Title 10, Subtitle D, Chapter 2171.

Office of Vehicle Fleet Management. (a)

The commission administers the state vehicle fleet management program which consists of the State Vehicle Fleet Management Plan, vehicle fleet maintenance services and a computerized Vehicle Fleet Management System through the OVFM.

[ (a)

The commission administers the state vehicle fleet management program which consists of vehicle fleet maintenance services and a computerized Vehicle Fleet Management System.]

(b)

The commission will implement and monitor, at the direction of the Council on Competitive Government (CCG), the State Vehicle Fleet Management Plan, approved and adopted by CCG. A current Plan is available for viewing at the General Services Commission's Website: www.gsc.state.tx.us. The Plan delineates the responsibilities of each state agency, institution of higher education and OVFM to develop, implement, maintain, and monitor current vehicle fleet data as required by the Plan.

(c)

[ (b) ] The commission offers vehicle fleet maintenance services to all state agencies in Travis County on a full cost recovery basis. The services include preventative maintenance and routine mechanical repair work. The commission shall negotiate contracts or service arrangement for extensive mechanical work such as major engine overhauls, transmission repair, and similar requirements.

(d)

[ (c) ] The computerized Vehicle Fleet Management System is a database that contains information on vehicle inventories, maintenance and repair history, mileage, fuel usage, and expenses incurred for all state agencies.

(e)

[ (d) ] The commission will sponsor an annual fleet management conference to consider:

(1)

adjustments to the Vehicle Fleet Management System;

(2)

current fleet management issues; and

(3)

the improvement of fleet management expertise among state agencies.

§125.42.State Vehicle Fleet Management Plan.

In accordance with the Plan, developed by OVFM under the direction of CCG, the commission will adhere to all requirements detailed in the Plan, including, but not limited to:

(1)

The disposal of any vehicles declared excess through the routine review of vehicle use. The commission will:

(A)

follow the Surplus Property Division process for the disposal of vehicles; and

(B)

submit proper documentation to certify successful disposal of vehicles declared excess.

(2)

The adoption of all detailed policies, procedures and goals related to vehicle replacement, state fuel contracts, alternative fuel use, minimum use criteria, interagency agreements, and fleet consolidation.

(3)

The submission of all fleet data required for vehicle inventory, fuel, mileage, repairs and preventive maintenance on an internet-based technology fleet data system.

(4)

The review of internal fleet policies and procedures to determine if the fleet management "Best Practices", as determined by OVFM under the direction of CCG, are appropriate and feasible for use by the fleet.

(5)

The adherence to the fleet size and vehicle purchasing restrictions established by the Plan adopted on October 11, 2000, and any further fleet size reduction resulting from the ongoing review of vehicle use.

§125.43.Assignment and Use of Pooled Vehicles.

(a)

Each vehicle in the commission's vehicle fleet pool, with the exception of vehicles assigned to field employees, is assigned to the agency motor pool and is available for checkout as needed. Some vehicles, because of mission critical status, may be permanently assigned to sub-pools within divisions and available only to employees within those divisions.

(b)

Commission employees must present a valid Texas driver's license each time a pooled vehicle is checked out.

(c)

Pooled vehicle assignments will be made by the OVFM to ensure that all commission vehicles are used and rotated to balance mileage and time usage among all pooled vehicles.

(d)

Pooled vehicles assigned on a regular or daily basis to individual administrative or executive employees, require written documentation that the assignment is critical to the commission's needs and mission of the agency. Documentation for all assigned commission vehicles will be kept on file in the OVFM.

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 January 26, 2001.

TRD-200100507

Cynthia Hill

Acting General Counsel

General Services Commission

Earliest possible date of adoption: March 11, 2001

For further information, please call: (512) 463-3960


Subchapter C. TEXAS ALTERNATIVE FUELS PROGRAM

1 TAC §125.63, §125.65

The amendments are proposed under the authority of the Texas Government Code, Title 10, Subtitle D, §§ 2171.104 and 2171.1045 which provides the General Services Commission with the authority to promulgate rules consistent with the Plan.

The following code is affected by these rules: Government Code, Title 10, Subtitle D, Chapter 2171.

§125.63Assistance to State Agencies and School Districts.

(a)

The Office of Vehicle Fleet Management [ office ] of the commission facilitates, encourages, and expedites alternative fuels use by state agencies and school districts.

(b)

The Office of Vehicle Fleet Management [ office ] of the commission provides informational materials regarding alternative fuels, presents state of the art data at fleet management conferences, provides state vehicle operational data, locates facilities to convert state vehicles to alternative fuels, helps identify vehicles that are appropriate for conversion, and provides technical assistance.

(c)

To assist with vehicle conversion, the Office of Vehicle Fleet Management [ office ] of the commission works with state agency fleet operators, vehicle manufacturers and converters, fuel distributors, and any other necessary entities.

(d)

The Office of Vehicle Fleet Management [ office ] of the commission provides information to the Texas Natural Resource Conservation Commission for its determination of air quality benefits associated with the use of alternative fuels.

§125.65.Waiver of Vehicles to Meet Required Fleet Percentages.

(a)

(No change.)

(b)

An agency desiring a waiver from subsection (a) of this section shall submit a certification to the Office of Vehicle Fleet Management [ office ] of the commission that meets one or more of the following conditions:

(1) - (3)

(No change.)

(c)

The subsection (b) of this section certification must be sent to the Office of Vehicle Fleet Management [ office ] of the commission and must be accompanied by the information described in either subsection (d) or (e) of this section.

(d) - (g)

(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 January 26, 2001.

TRD-200100508

Cynthia Hill

Acting General Counsel

General Services Commission

Earliest possible date of adoption: March 11, 2001

For further information, please call: (512) 463-3960


Chapter 125. SUPPORT SERVICES DIVISION--TRAVEL AND VEHICLE

Subchapter A. TRAVEL MANAGEMENT SERVICES

1 TAC §125.27

The General Services Commission (GSC) proposes amendments to Title 1, TAC, Chapter 125, Subchapter A, §125.27 concerning the State Travel Management Program (STMP). The amendments are being proposed in order to delete language relating to the Travel Agency Services contracts that requires contract travel agencies to provide reservations, ticketing, reticketing, ticket delivery, and refunds at no additional charge to the state.

Mr. Frank H. Mays, Director of Support Services, has determined for the first five year period the rules are in effect, there may be fiscal implications to state or local government as a result of enforcing these cost neutral rules. The amount of this potential fiscal impact is based on the possibility that the state may have to explore alternative methods and procedures for booking and ticketing state travel.

Mr. Frank Mays, Director of the Support Services Division, further determines that for each year of the first five-year period the amendments are in effect, the public benefit anticipated as a result of enforcing these rules will be to position the state to explore alternative methods and procedures for making travel arrangements. There will be no effect on large, small or micro-businesses and/or persons.

Comments on the proposals may be submitted to Ann Dillon, General Counsel, GSC, P.O. Box 13047, Austin, TX 78711-3047. Comments must be received no later than thirty days from the date of publication of the proposal in the Texas Register .

The amendments are proposed under the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003 and 2171.002, which provides the GSC with authority to promulgate rules necessary to implement the sections.

The following statute is affected by these rules: Texas Government Code, Title 10, Subtitle D, Chapter 2171.

§125.27.Travel Agency Services Contracts.

(a) - (b)

(No change.)

(c)

Vendors seeking to qualify for a travel agency services contract to provide travel services to state agencies shall:

(1) - (3)

(No change.)

(4)

provide reservations, ticketing, reticketing, ticket delivery, and refunds [ at no additional charge to the state, meaning that the total charges to the state shall not exceed the sum of charges assessed by the airlines, rental car vendors, and hotels ];

(5) - (11)

(No change.)

(d) - (l)

(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 January 26, 2001.

TRD-200100509

Cynthia Hill

Acting General Counsel

General Services Commission

Earliest possible date of adoption: March 11, 2001

For further information, please call: (512) 463-3960


Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Chapter 355. MEDICAID REIMBURSEMENT RATES

Subchapter J. PURCHASED HEALTH SERVICES

14. FEDERALLY QUALIFIED HEALTH CENTER SERVICES

1 TAC §355.8261

The Health and Human Services Commission (HHSC) proposes an amendment to §355.8261 concerning time frames for submittal of Medicaid cost reports for Federally Qualified Health Care Center (FQHC) providers, and time frames for the Texas Department of Health to complete Medicaid cost settlements for FQHCs. Section 355.8261 is being amended to allow more time for FQHC providers to submit Medicaid cost reports. Currently, FQHCs must submit the cost report within 90 days of the end of the FQHC's fiscal year end. The rule is being amended to allow the provider to submit the cost report within five months of the end of the FQHC's fiscal year end. In addition, the rule is being amended to allow more time for the Medicaid program to complete cost settlements for FQHC providers. Currently, the Medicaid program completes the cost settlements within six months of receipt of a properly completed cost report. The rule is being amended to allow completion of cost settlements within eleven months of receipt of a properly completed cost report.

Don Green, Chief Financial Officer, has determined that for each year of the first five years the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section. This amendment does not have any foreseeable implications relating to cost or revenues of local governments.

Mr. Steve Lorenzen, Director of Medicaid rate setting, 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 cost reporting process that is more convenient and efficient for FQHCs because it will parallel the cost reporting process for FQHCs under Medicare. There will be no effect on small businesses or micro-businesses to comply with this section as proposed. This was determined by interpretation of the rule that small businesses and micro-businesses will not be required to alter their business practices in order to comply with the rule as proposed. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There will be no impact on local employment.

Comments on the proposal may be submitted to Joe Branton, Policy Analyst, Medicaid Reimbursement Division, Texas Health and Human Services Commission, P.O. Box 13247, Austin, Texas 78711-3247 or at (512) 424-6524, within 30 days of publication of this proposal in 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 9:30 a.m., Central Daylight Saving Time, on March 14, 2001, in the Public Hearing Room, Building 3, first floor of the Riata Crossing Facility, 12555 Riata Vista Circle, Austin, Texas 78727-6404, to accept comments on the proposal.

The amendment is proposed under the Human Resources Code, §32.021 and the Texas Government Code, §531.021, which provide the Health and Human Services Commission with the authority to adopt rules to administer the state's medical assistance program.

The proposed amendment affects the Human Resources Code, Chapter 32, and the Texas Government Code, Chapter 531.

§355.8261.Reimbursement.

(a)-(c)

(No change.)

(d)

FQHCs must submit cost reports/surveys and other data as required by the department or its designee to verify the FQHC's reasonable costs. The department or its designee prescribes the format of the cost report/survey. The FQHC must submit the cost report/survey within five months [ 90 days ] of the end of the FQHC's fiscal year or within 45 days of a change in ownership.

(e)

(No change.)

(f)

The department or its designee completes the cost settlement reconciliation process within eleven [ six ] months of receipt of a properly completed cost report/survey and notifies the FQHC of the results.

(g)

(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 January 29, 2001.

TRD-200100524

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Earliest possible date of adoption: March 11, 2001

For further information, please call: (512) 458-7236


Subchapter J. PURCHASED HEALTH SERVICES

The Texas Department of Health and Human Services (HHSC) proposes the repeal of §355.8401 and §355.8481 and new §355.8401 concerning reimbursement methodology for Case Management for Children and Pregnant Women (CPW). Specifically, new §355.8401 covers general information and basis for rate analysis regarding reimbursement to CPW providers who provide billable contacts to eligible recipients. New §355.8401 includes language from proposed repealed §355.8401 and proposed repealed §355.8481.

The repeals and the new section are proposed in order to ensure all affected providers receive equal reimbursement for provision of case management services. The CPW program is the result of the proposed combination of two previously separate programs, Medicaid Case Management for High Risk Pregnant Women and High Risk Infants (PWI) and the Texas Health Steps Medical Case Management (THSteps MCM). The combination of these two programs into a single entity ensures, through a larger provider base, more continuity of service for all consumers who are eligible for these services. As reimbursement will now be paid through the new CPW Program, accompanying rules must be formulated which support the rate process. Because the separate PWI and THSteps MCM programs are proposed for merging into a single program, these programs will no longer be required to retain individual reimbursement rules.

HHSC further proposes the repeal of §355.8401. Specifically, this section covers general information on reimbursement to qualified providers for case management services provided to Medicaid-eligible individuals who are high-risk pregnant women or high-risk infants. Reimbursement under this section is cost-related, sets a basis for rate analysis and covered uniform rates throughout the geographic area(s) providing the service. These rates are modeled on other case management and cost information provided by HHSC.

HHSC further proposes the repeal of §355.8481. Specifically, this section covers the reimbursement of qualified THSteps medical case management providers for billable contacts with eligible recipients. It further covers provider reimbursement rates set for other Medicaid case management services administered by HHSC and the Texas Department of Health.

Section 355.8401 and §355.8481 are being proposed for repeal as a result of the proposed combination of the Medicaid Case Management for High Risk Pregnant Women and High Risk Infants (PWI) and the Texas Health Steps Medical Case Management (THSteps MCM) programs into one new program, Case Management for Children and Pregnant Women (CPW), proposed 25 TAC Chapter 27, published in the October 27, 2000, issue of the Texas Register (25 TexReg 10624) and the proposed repeals of Case Management for High-Risk Pregnant Women and High-Risk Infants, 25 TAC §§32.301-32.305 and 32.307, published in the October 27, 2000, issue of the Texas Register (25 TexReg 10628), Texas Health Steps Medical Case Management, §§33.501-33.506, published in the October 27, 2000, issue of the Texas Register (25 TexReg 10629) and Medicaid Case Management Services for High Risk Pregnant Women and High Risk Infants, §§37.81-37.86, published in the October 27, 2000, issue of the Texas Register (25 TexReg 10631).

Mr. Don Green, Chief Financial Officer for HHSC, has determined for the first five years this proposed section is in effect, there will be fiscal implications to the state government as a result of administering or enforcing the sections as proposed. The effect on state government will mean increased costs to the state of $1,016,704, $1,866,565, $2,405,812, $2,973,934, and $3,513,064 in state fiscal years 2001, 2002, 2003, 2004, and 2005 respectfully, for a total of $11,776,079 over these five years. The increased funds will enable all providers of the proposed new case management service, CPW, to receive the same amount of reimbursement for providing intakes and comprehensive services. In addition, public and private agencies will be reimbursed equally for provision of the same services-intake, comprehensive case management assessment and follow-up. There will be no effect on local government.

Mr. Stephen Lorenzen, HHSC Director of Medicaid Rate Setting, has determined that for the first five years the sections and repeals are in effect, the public benefits anticipated as a result of enforcing or administering the new section include better access to primary care providers, preventive health services, other health services and community resources for those children and pregnant women accessing the services. There will be no adverse impact on micro-businesses and small businesses. This was determined after concluding that the only small businesses and micro-businesses affected by the new rule will potentially experience an increase in cost reimbursement as a result of the reimbursement structure in the proposed new rules. There are no anticipated economic costs to persons who receive the services. There is no anticipated impact on local employment.

Comments on the proposal may be submitted to Veda White, ACSW, LMSW-ACP, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756-3199, (512) 458-7111, extension 2111. Comments will be accepted for 30 days following publication of the proposal in the Texas Register .

A public hearing concerning the proposed sections will be held on Monday, March 19, 2001, from 9:30 a.m. to 12:00 p.m., in the Texas Department of Health Board Room M739, 1100 West 49th Street, Austin, Texas.

21. CASE MANAGEMENT FOR HIGH-RISK PREGNANT WOMEN AND HIGH-RISK INFANTS

1 TAC §355.8401

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Health and Human Services Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under the Texas Government Code, §531.033, which provides the commissioner of HHSC with broad rulemaking authority; 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 rates under Chapter 32, Human Resources Code.

The proposed repeal affects the Human Resources Code, Chapter 32, and the Texas Government Code, §531.021(a)-(b), and §531.033.

§355.8401.Case Management Reimbursement Methodology.

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 January 29, 2001.

TRD-200100531

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Earliest possible date of adoption: March 11, 2001

For further information, please call: (512) 458-7236


21. CASE MANAGEMENT FOR CHILDREN AND PREGNANT WOMEN

1 TAC §355.8401

The new section is proposed under the Texas Government Code, §531.033, which provides the commissioner of HHSC with broad rulemaking authority; 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 rates under Chapter 32, Human Resources Code.

The proposed new section affects the Human Resources Code, Chapter 32, and the Texas Government Code, §531.021(a)-(b), and §531.033.

§355.8401.Case Management Reimbursement Methodology.

(a)

General information. The Texas Department of Health (department) will reimburse qualified providers for case management services provided to Medicaid-eligible high risk pregnant women of all ages and children, birth to 21 years of age, who have or are at risk for a health condition/health risk. The Health and Human Service Commission determines reimbursement rates in five-year intervals for case management services. These rates are:

(1)

uniform through the geographic area(s) providing the service; and

(2)

cost-related.

(b)

Basis for rate analysis. For the first five years this rule is in effect, the reimbursement rate will be based on rates set as a result of modeling other rates for case management services in the State of Texas and cost information provided by the department.

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 January 29, 2001.

TRD-200100532

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Earliest possible date of adoption: March 11, 2001

For further information, please call: (512) 458-7236


25. EPSDT: TEXAS HEALTHSTEPS MEDICAL CASE MANAGEMENT

1 TAC §355.8481

(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Health and Human Services Commission or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeal is proposed under the Texas Government Code, §531.033, which provides the commissioner of HHSC with broad rulemaking authority; 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 rates under Chapter 32, Human Resources Code.

The proposed repeal affects the Human Resources Code, Chapter 32, and the Texas Government Code, §531.021(a)-(b), and §531.033.

§355.8481.THSteps Medical Case Management Reimbursement Methodology.

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 January 29, 2001.

TRD-200100530

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Earliest possible date of adoption: March 11, 2001

For further information, please call: (512) 458-7236