40 TAC §50.703, §50.704
The Texas Department of Human Services (DHS) adopts amendments
to §50.703 and §50.704, in its Day Activity and Health Services
chapter. The amendment to §50.703 is adopted with changes to the proposed
text as published in the November 19, 1996, issue of the
Texas Register
(21 TexReg 11284). The amendment to §50.704 is
adopted without changes to the proposed text and will not be republished.
The justification for the amendments is to define DAHS financial errors
as only those errors that pertain to accurate provision and reimbursement
of services, and administrative errors as improper billing documentation.
The amendments will function by assuring that DAHS services are billed
and reimbursed properly without excess payments for services or misutilization
of services.
No comments were received regarding adoption of the amendments. DHS, however,
is adding the words "of record of time" to §50.703(9) for clarification.
The amendments are adopted under the Human Resources Code, Title
2, Chapters 22 and 32, which provides the department with the authority to
administer public and medical assistance programs and under Texas Government
Code, §531.021, which provides the Health and Human Services Commission
with the authority to administer federal medical assistance funds.
The amendments implement §§22.001-22.030 and 32.001-32.041 of
the Human Resources Code.
§50.703. Administrative Errors.
Administrative errors include, but are not limited to, the following:
(1)
The facility enters a date of signature on the Texas Department
of Human Services' (DHS's) Daily Attendance Record form that is before the
date of the last day services are provided. DHS applies the error to the
total number of units reimbursed after the signature date.
(2)
The facility fails to sign DHS's Daily Attendance
Record form and the signature can be verified on DHS's Daily Transportation
Record form. DHS applies the error to the total number of units reimbursed
on the unsigned form.
(3)
The facility fails to list the client on DHS's Daily
Attendance Record form, but the client was listed on DHS's Daily Transportation
Record form. DHS applies the error to the total number of units reimbursed
for the period the client was left off the attendance record form.
(4)
The facility completes the total units of service
column and leaves the time in and time out columns blank on DHS's Daily Attendance
Record form, but the time in and time out can be verified on DHS's Daily
Transportation Record form. DHS applies the error to the total number of
units reimbursed in which the time in time out days was left blank.
(5)
The facility leaves the days of service blank on DHS's
Daily Attendance Record form, but the days of service can be verified elsewhere
on the form or on DHS's Daily Transportation Record form. DHS applies the
error to the total number of units reimbursed for the days left blank.
(6)
The facility fails to enter a date of signature on
DHS's Daily Attendance Record form to certify total number of units provided
to the client. DHS applies the error to the total number of units reimbursed
on the undated form.
(7)
The facility corrects the date of signature on DHS's
Daily Attendance Record form, but fails to initial the correction. DHS applies
the error to the number of units reimbursed after the earliest signature
date.
(8)
The facility uses a signature stamp, but fails to
initial the stamped signature. DHS applies the error to the total number
of units reimbursed on the signature stamped form.
(9)
The facility makes an illegible entry or illegible
correction to any portion of record of time of DHS's Daily Attendance or
Daily Transportation Record form. DHS applies the error to the total number
of units reimbursed for the days in which entries are illegible.
(10)
The facility completes DHS's Daily Attendance or
Daily Transportation Record form in pencil. DHS applies the error to the
total number of units reimbursed that were completed in pencil.
(11)
The facility uses liquid paper or correction fluid
to correct an entry in DHS's Daily Attendance or Daily Transportation Record
form. DHS applies the error to the total number of units reimbursed that
were corrected for the billing period.
(12)
The facility uses a daily attendance or transportation
record form that has not been approved by DHS. DHS applies the error to the
total number of units reimbursed while using the unapproved daily attendance
or transportation record form.
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.
Issued in Austin, Texas, on January 10, 1997.
TRD-9700429
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 1, 1997
Proposal publication date: November 19, 1996
For further information, please call: (512) 438-3765