1 TAC §355.311
The Texas Health and Human Services Commission (HHSC) adopts
an amendment to §355.311 without changes to the proposed text published
in the March 26, 2004, issue of the
Texas Register
(29 TexReg 2996).
HHSC is adopting the amendment to make the process of determining interim
reimbursement rates for state veterans homes more efficient. Currently, the
interim rate determination is made based on the lower of an estimated per
diem cost that requires time-consuming calculations or on the semi-private
basic daily rate in effect on the first day of the rate period. Since the
semi-private daily rate is historically the lower of the two rates, HHSC determined
to remove the option and require the use of the semi-private basic daily rate
as the interim rate. In the course of preparing the amendment, HHSC deleted
several definitions from the rule that were no longer necessary and corrected
the section titles to several cross-references.
HHSC received no comments regarding adoption of the 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, 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 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 May 12, 2004.
TRD-200403227
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 1, 2004
Proposal publication date: March 26, 2004
For further information, please call: (512) 438-3734