TITLE 1.ADMINISTRATION

Part 5. TEXAS BUILDING AND PROCUREMENT COMMISSION

Chapter 111. EXECUTIVE ADMINISTRATION DIVISION

Subchapter B. HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM

1 TAC §§111.11, 111.12, 111.17, 111.19, 111.20, 111.23, 111.25

The Texas Building and Procurement Commission adopts amendments to Title 1, Part 5, Chapter 111, Subchapter B, §§111.11 (relating to Policy and Purpose), 111.12 (relating to Definitions), 111.17 (relating to the Certification Process), 111.19 (relating to Recertification), 111.20 (relating to Revocation), 111.23 (relating to Graduation Procedures), and 111.25 (relating to the Memorandum of Understanding between the Texas Department of Economic Development and The General Services Commission, now the Texas Building and Procurement Commission). The proposed amendments were published in the January 31, 2003 issue of the Texas Register (28 TexReg 811) and are adopted without changes to the proposed text. The text will not be republished.

Amendments are adopted to further ensure compliance in the certification of historically underutilized businesses, as well as increase the certification period for historically underutilized businesses. Amended language updates the current definition of "Subcontractor" to comply with Texas Government Code 2251.001 and updates obsolete language and references to the former General Services Commission. In addition, amended language provides for the revocation of a historically underutilized business' certification if that business is barred from participating in state contracts.

No comments were received regarding the adoption of Texas Administrative Code, Title 1, Part 5, Chapter 111, subchapter B, §§111.11, 111.12, 111.17, 111.19, 111.20, 111.23 and 111.25.

The amendments are adopted under the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003, 2161.002, and 2161.253, which provide the Texas Building and Procurement Commission with the authority to promulgate rules necessary to implement the sections.

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 April 15, 2003.

TRD-200302478

Cynthia de Roch

General Counsel

Texas Building and Procurement Commission

Effective date: May 5, 2003

Proposal publication date: January 31, 2003

For further information, please call: (512) 475-2400


Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Chapter 355. MEDICAID REIMBURSEMENT RATES

Subchapter G. TELEMEDICINE SERVICES AND OTHER COMMUNITY-BASED SERVICES

1 TAC §355.5902

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §355.5902, without changes to the proposed text published in the February 7, 2003, issue of the Texas Register (28 TexReg 1034).

Justification for the amendment is to modify the reimbursement methodology for Primary Home Care and Family Care Services to ensure that more providers have their allowable costs covered by the unit rates for these programs.

HHSC received no comments regarding adoption of the amendment.

The Texas Department of Human Services is adopting related policy in its Chapter 47 in this issue of the Texas Register .

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 the 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 April 17, 2003.

TRD-200302525

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Effective date: May 7, 2003

Proposal publication date: February 7, 2003

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


Chapter 371. MEDICAID FRAUD AND ABUSE PROGRAM INTEGRITY

Subchapter E. OPERATING AGENCY RESPONSIBILITIES RULE

1 TAC §371.1002

The Texas Health and Human Services Commission (HHSC) adopts amendments to §371.1002, concerning the minimum collection goal for the Texas Department of Human Services (TDHS), without changes to the proposed text as published in the December 27, 2002, issue of the Texas Register (27 TexReg 12125) and will not be republished.

The purpose of the adopted amendments is to implement §531.050 of the Texas Government Code, concerning minimum collection goals, for state fiscal years 2002 and 2003. Section 531.050 requires that HHSC annually set a minimum goal for TDHS that specifies the percentage of the amount of benefits granted in error under the food stamp program or the program of financial assistance under chapter 31, Human Resources Code, that TDHS should recover. As amended, §371.1002 sets out the minimum collection goal at 30 percent for state fiscal years 2002 and 2003.

No comments on the proposed amendments were received.

The amendment is adopted under the Texas Government Code, §531.033, which authorizes the Commissioner of Health and Human Services to adopt rules necessary to carry out HHSC's duties under Chapter 531.

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 April 18, 2003.

TRD-200302541

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Effective date: May 8, 2003

Proposal publication date: December 27, 2002

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