TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 4. TEXAS COMMISSION FOR THE BLIND

Chapter 159. ADMINISTRATIVE RULES AND PROCEDURES

Subchapter A. GENERAL RULES

40 TAC §159.6

The Texas Commission for the Blind proposes an amendment to §159.6, concerning payment rates for medical services provided to consumers. The proposed amendment adds a specific and separate payment rate to the agency's rate schedule for high index aspheric lenses if a prescription equals or is greater than +/- 8D. There is no Medicaid or Medicare code that specifically defines these high-index lenses. Presently, these lenses are purchased under a miscellaneous code. A separate code will eliminate unneeded administrative steps.

Alvin Miller, Chief Financial Officer, has determined that there will be no implications relating to cost or revenues of the state or local governments as a result of enforcing or administering the amended rule for the first five year period.

Mr. Miller has also determined that for each year of the first five years the rules are in effect the anticipated public benefits will be the more efficient delivery of these restoration services. There will be no economic cost to small businesses or individuals as a result of the rule.

Comments on the proposal may be submitted to Policy and Rules Coordinator, Texas Commission for the Blind, 4800 North Lamar, Austin, Texas 78756, or by e-mail to pio@tcb.state.tx.us, or by fax (512) 377-0682. Comments must be received by the Commission no later than 30 days from the date this proposal is published in the Texas Register .

The rule is proposed under the authority of Human Resources Code, Title 5, Chapter 91, §91.029, which authorizes the Commission to adopt rules and standards governing the determination of rates the Commission will pay for medical services.

The proposal affects no other statutes.

§159.6.Rates for Medical Services.

(a) (No change.)

(b) Rate schedule. Based on the standards set forth in subsection (a) of this section, the Commission shall pay for medical services according to the following:

(1)-(5) (No change.)

(6) For services and items for which there is neither a rate nor an industry standard that takes into consideration the unique needs of persons with vision loss, the Commission shall pay according to the following:

(A)-(K) (No change)

(L) High index aspheric lenses allowable if RX is equal or greater than +/- 8D. Pay at $45 per lens.

(c)-(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 February 14, 2003.

TRD-200301167

Terrell I. Murphy

Executive Director

Texas Commission for the Blind

Earliest possible date of adoption: March 30, 2003

For further information, please call: (512) 377-0611