TITLE 1.ADMINISTRATION

Part 9. STATE AIRCRAFT POOLING BOARD

Chapter 181. GENERAL PROVISIONS

1 TAC §181.15

The State Aircraft Pooling Board adopts new §181.15, without changes as proposed in the June 27, 2003, issue of the Texas Register (28 TexReg 4698), concerning priority scheduling for statewide elected officials.

The public will benefit from this rule by affording elected officials conducting state business priority scheduling to access areas of the state where transportation and accommodation facilities are limited. This access will produce cost savings by avoiding additional transportation and accommodation costs for extended stays.

No comments on the new rule were received during the 30-day comment period, and the rule is adopted without changes.

This rule is adopted under Texas Government Code, Title 19, Chapter 2205, §2205.010 which provides the board the authority to adopt rules for conducting business. There are no other statutes, articles, or codes that will be affected by this adoption.

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 July 28, 2003.

TRD-200304544

Jerry Daniels

Executive Director

State Aircraft Pooling Board

Effective date: August 17, 2003

Proposal publication date: June 27, 2003

For further information, please call: (512) 936-8900


Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Chapter 353. MEDICAID MANAGED CARE

Subchapter C. MEMBER BILL OF RIGHTS AND RESPONSIBILITIES

1 TAC §353.202

The Health and Human Services Commission (Commission or HHSC) adopts an amendment to §353.202, concerning the Medicaid managed care members bill of rights. The amendment is adopted without changes to the proposed text as published in the June 13, 2003, issue of the Texas Register (28 TexReg 4497) and will not be republished.

The amendment gives Medicaid managed care members an additional right concerning how they are treated. Federal Medicaid managed care regulation 42 C.F.R. §438.100(b)(2)(v) requires that enrollees be free from any form of restraint or seclusion used as a means of coercion, discipline, convenience or retaliation. The amendment adds that right, which also will be added to the Medicaid managed care Member Bill of Rights. The Member Bill of Rights is published in the Medicaid managed care Member Handbook and a copy is given to each Medicaid managed care member. The purpose of the adopted amendment is to bring HHSC into compliance with 42 C.F.R. §438.100(b)(2)(v). Medicaid managed care health plans will be required to revise member materials to include this change.

The Commission announced and held a public hearing on the proposed amendment on June 25, 2003. No comments were provided at the hearing and the Commission received no written comments concerning the adoption of this amendment.

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 under Chapter 531; and §32.021 of the Human Resources Code and §531.021 of the Texas Government Code, which provide HHSC with the authority to administer the federal medical assistance program (Medicaid) in Texas.

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 July 24, 2003.

TRD-200304459

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Effective date: August 13, 2003

Proposal publication date: June 13, 2003

For further information, please call: (512) 424-6576


Chapter 355. MEDICAID REIMBURSEMENT RATES

The Texas Health and Human Services Commission (HHSC) adopts the repeal of §355.501, and new §355.501, without changes to the proposed text published in the May 30, 2003, issue of the Texas Register (28 TexReg 4210).

The repeal and new section were undertaken in order to comply with revised reimbursement methodology instituted by the Centers for Medicare and Medicaid Services (CMS) for Programs of All-Inclusive Care for the Elderly (PACE). CMS recently converted PACE from a Medicaid research-and-demonstration project to a Medicaid non-entitlement State Plan program. As a result of this change, CMS revised reimbursement methodology for PACE.

HHSC filed a correction of error concerning the proposal in the June 6, 2003, issue of the Texas Register (28 TexReg 4453).

HHSC received no comments regarding adoption of the repeal and new section.

Subchapter E. COMMUNITY CARE FOR AGED AND DISABLED

1 TAC §355.501

The repeal 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 repeal affects 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 July 25, 2003.

TRD-200304525

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Effective date: August 14, 2003

Proposal publication date: May 30, 2003

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


1 TAC §355.501

The new section 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 new section affects 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 July 25, 2003.

TRD-200304526

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Effective date: August 14, 2003

Proposal publication date: May 30, 2003

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