25 TAC §1.41
The Texas Department of Health (department) proposes new
§1.41 concerning adoption by reference of 1 Texas Administrative Code,
Chapter 357, §§357.1, 357.3, 357.5, 357.7, 357.9, 357.11, 357.13,
357.15, 357.17, 357.19, 357.21, 357.23, 357.25, 357.27, and 357.29, Medicaid
Fair Hearings rules, adopted by the Texas Health and Human Services Commission
regarding the procedures for fair hearings for recipients in the Medicaid
program.
Specifically, new §1.41 will standardize the fair hearing process
for all Medicaid funded services so that recipients may participate in uniform
hearings conducted by the Texas Department of Health, Texas Health and Human
Services Commission, Texas Department of Human Services, and the Texas Department
of Mental Health and Mental Retardation. The Commissioner of the Texas Health
and Human Services Commission is required to promulgate uniform fair hearing
rules under the Government Code, Chapter 531.
Susan K. Steeg, General Counsel, has determined that for the first five-year
period the section is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the sections
as proposed.
Ms. Steeg has also determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of administering
the section will be the consistent application of procedural rules in the
fair hearing process. There will be no effect on small businesses. There are
no anticipated economic costs to persons who are required to comply with the
section as proposed. There is no anticipated impact on local employment.
Comments on the proposal may be submitted to Susan K. Steeg, General Counsel,
Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512)
458-7236. Comments will be accepted for 30 days following publication of the
proposal in the
Texas Register
.
The new section is proposed under the Health and Safety Code,
§12.001, which provides the board with the authority to adopt rules for
its procedure and for the performance of each duty imposed by law on the board,
the department, or the commissioner of health.
The proposed new section affects the Health and Safety Code, Chapter 12.
§1.41.Medicaid Uniform Fair Hearing Procedures.
(a)
Authority. The Texas Department of Health (department)
adopts by reference rules regarding Medicaid fair hearings adopted by the
Texas Health and Human Services Commission under 1 Texas Administrative Code
(TAC), Chapter 357, §§357.1, 357.3, 357.5, 357.7, 357.9, 357.11,
357.13, 357.15, 357.17, 357.19, 357.21, 357.23, 357.25, 357.27, and 357.29
effective March 31, 1999.
(b)
Scope. These rules establish fair hearing procedures which
the department will follow when the department is required to conduct a fair
hearing for Medicaid funded services.
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
March 23, 1999.
TRD-9901744
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 9, 1999
For further information, please call: (512) 458-7236