TITLE 1.ADMINISTRATION

Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Chapter 355. MEDICAID REIMBURSEMENT RATES

The Texas Health and Human Services Commission (HHSC) adopts amendments to §§355.503, 355.505, and 355.9022 without changes to the proposed text published in the January 24, 2003, issue of the Texas Register (28 TexReg 637).

Justification for the amendments is to assist home health agencies in hiring and retaining qualified, experienced nursing staff. It has become increasingly difficult for these agencies to find Registered Nurses (RNs) and Licensed Vocational Nurses (LVNs) who have the experience and skills necessary to serve clients requiring daily nursing care with their ventilators or tracheostomies. In an effort to help the agencies attract and retain RNs and LVNs with the necessary skills, HHSC is implementing an add-on rate that will pay home health agencies more for these skilled nursing services.

In addition, references to the Texas Department of Human Services contained in §355.505 and §355.9022 are corrected to refer to HHSC. These changes reflect that HHSC is the agency responsible for Medicaid rate determination.

HHSC received no comments regarding adoption of the amendments.

Subchapter E. COMMUNITY CARE FOR AGED AND DISABLED

1 TAC §355.503, §355.505

The amendments are adopted under the Government Code, §531.033, which authorizes the commissioner of HHSC to adopt rules necessary to carry out the commission's duties, and §531.021(b), which establishes HHSC as the agency responsible for adopting reasonable rules governing the determination of fees, charges, and rates for medical assistance payments under Human Resources Code, Chapter 32.

The amendments implement the Government Code, §531.033 and §531.021(b).

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.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301978

Steve Aragon

General Counsel

Texas Health and Human Services Commission

Effective date: April 13, 2003

Proposal publication date: January 24, 2003

For further information, please call: (512) 438-3734


Subchapter M. MISCELLANEOUS MEDICAID PROGRAMS

2. MEDICAID WAIVER PROGRAM FOR PEOPLE WITH DEAF-BLINDNESS AND MULTIPLE DISABILITIES

1 TAC §355.9022

The amendment is adopted under the Government Code, §531.033, which authorizes the commissioner of HHSC to adopt rules necessary to carry out the commission's duties, and §531.021(b), which establishes HHSC as the agency responsible for adopting reasonable rules governing the determination of fees, charges, and rates for medical assistance payments under Human Resources Code, Chapter 32.

The amendment implements the Government Code, §531.033 and §531.021(b).

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.

Filed with the Office of the Secretary of State on March 24, 2003.

TRD-200301979

Steve Aragon

General Counsel

Texas Health and Human Services Commission

Effective date: April 13, 2003

Proposal publication date: January 24, 2003

For further information, please call: (512) 438-3734