Part II.
Texas Department of Mental Health and Mental Retardation
Chapter 419.
Medicaid State Operating Agency Responsibilities
Subchapter G. Medicaid Fair Hearings
25 TAC §419.301
The Texas Department of Mental Health and Mental Retardation
(TDMHMR) proposes new §419.301, of new Chapter 419, Subchapter G, concerning
Medicaid fair hearings.
The new section would adopt by reference rules of the Health and Human
Services Commission (HHSC) contained in 1 TAC §§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 of Chapter 357 (relating to Medicaid Fair Hearings), which
were published in the March 26, 1999, issue of the
Texas Register
. The new section would also define the term "authorized
representative."
New sections relating to Medicaid fair hearings were previously proposed
in the September 4, 1998, issue of the
Texas Register
, but not adopted. Response to public comments received on the previous
proposal are addressed in HHSC's order adopting the above-referenced rules.
Stephen Zeeck, acting chief financial officer, has determined that for
each year of the first five years the new rule is in effect, as proposed,
enforcing or administering the rule does not have foreseeable implications
relating to cost or revenues of the state or local governments.
Ernest McKenney, director, Medicaid Administration, has determined that
for each year of the first five years the rule is in effect, as proposed,
the public benefit expected as a result of the adoption of the rule is the
implementation of fair hearing procedures that are uniform for all operating
agencies. The uniformity of rules among the operating agencies allows the
public to more easily become familiar with fair hearing procedures. There
would be no economic cost to persons required to comply with the rule.
It is not anticipated that the rule will affect a local economy.
It is not anticipated that this rule will have an adverse economic effect
on small businesses because small businesses will not participate in the administration
of fair hearings for Medicaid recipients.
Written comments on the proposal may be sent to Linda Logan, director,
Policy Development, TDMHMR, 909 West 45th Street, Austin, Texas 78751, within
30 days of publication.
This section is proposed under the Texas Health and Safety Code,
§532.015(a), which provides the Texas Board of Mental Health and Mental
Retardation with broad rulemaking authority; the Texas Government Code, §531.021(a),
and the Texas Human Resources Code, §32.021(a), which provide HHSC with
the authority to administer the federal medical assistance (Medicaid) program
in Texas; Acts 1995, 74th Legislature, Chapter 6, §1, (Senate Bill 509),
which clarifies the authority of HHSC to delegate the operation of all or
part of a Medicaid program to a health and human services agency; the Human
Resources Code, §32.021(c), which provides an agency operating part of
the Medicaid program with the authority to adopt necessary rules for the proper
and efficient operation of the program; and the Texas Government Code, §531.024,
which requires the promulgation of uniform fair hearings rules for all Medicaid-funded
services. HHSC has delegated to TDMHMR the authority to operate certain Medicaid
programs.
This section would affect the Texas Government Code, §531.024.
§419.301.Medicaid Fair Hearings.
(a)
The Texas Department of Mental Health and Mental Retardation
(TDMHMR) adopts by reference rules of the Health and Human Services Commission
contained in 1 TAC §§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
of Chapter 357 (relating to Medicaid Fair Hearings).
(b)
As used in 1 TAC §357.1(b)(2), the term "authorized
representative" means the parent, guardian, or managing conservator of an
individual who is a minor or the guardian of the person of an individual who
is an adult.
(c)
Copies of the Health and Human Services Commission rules
are available by contacting the Office of Policy Development, TDMHMR, 909
West 45th Street, Austin, Texas 78751.
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
April 1, 1999.
TRD-9901960
Charles Cooper
Chairman, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: May 16, 1999
For further information, please call: (512) 206-4516
Chapter 500.
Executive Committee for the Center for Rural Health Initiatives
The Center for Rural Health Initiatives (center) proposes the repeal
of §§500.2 and 500.10, and proposes amendments to §§500.1
and 500.3-500.9 concerning Policies and Procedures of the Center and its Executive
Committee.
The repeal of §500.2 and §500.10 are to eliminate duplication.
The membership of the Center's Executive Committee is already laid out in
state statute and thus requires no repetition. Membership for the Center's
Executive Committee will remain the same as currently required in state statute.
These rules also propose to repeal §500.10 which require Executive Committee
approval of other actions by the Center's Executive Director where approval
is required by law. This rule has been incorporated into §500.9 and therefore
no longer requires a separate section.
The center was established by the Texas Legislature in the Health and Safety
Code, Chapter 106. The center works or contracts with state and federal agencies,
universities, private interest groups, communities, foundations and offices
of rural health to develop rural health initiatives and maximize use of existing
resources. The center provides a central information and referral source and
serves as the primary state resource in coordinating, planning, and advocating
for the continued access to rural health care services in the state.
The amendments to the sections clarify the time at which the election of
officers of the center's executive committee shall occur, authorize advisory
committee members to designate employees of the agency of the member to serve
as liaison officers, authorize the executive committee to establish standing
or ad hoc committees as working extensions of the executive committee which
may have non-executive committee members as members of the committees, allow
for meetings of the executive committee to be held at places fixed by the
executive committee or its presiding officer, allow for meetings of the executive
committee to be held at the call of three members of the executive committee,
eliminate provisions for special meetings because all meetings are public
and subject to the posting requirements established by state law, eliminate
the reasons under which the executive committee may meet in executive session
because the provisions are already stated in state law, and eliminate the
requirement that executive sessions have both a tape recording and a certified
agenda of the proceedings.
Further amendments clarify that notices of meetings shall be furnished
by the executive director and posted at least seven days prior to the day
of the meeting in the main office of the secretary of state; clarify that
the presiding officer shall approve the agenda prior to its distribution;
state that any or all parts of an open meeting may be recorded by any person
in attendance but that the presiding officer shall determine the location
of any recording equipment and the manner in which the recording is conducted;
eliminate the unnecessary notation that legislation prescribes requirements
which may be incorporated as administrative procedures; eliminate duplicative
language requiring that members of special ad hoc committees be approved by
the executive committee; and move a section noting that the executive committee
is responsible for approving any actions by the executive director where approval
is required by law, requested by the executive director or desired by the
executive committee. The amendments update legal citations to state laws.
In addition the amendments include other minor language changes for the purpose
of clarification and numerous numbering and lettering changes to reflect consistency.
Robt. J. "Sam" Tessen, Executive Director, has determined that for each
year of the first five years the sections are in effect, there will be no
fiscal implications to state or local government as a result of enforcing
or administering the sections as proposed.
Robt. J. "Sam" Tessen, Executive Director, has determined that for each
of the first five years the sections are in effect, the public benefits anticipated
as result of enforcing or administering the sections will provide for more
effective and efficient governance of operations of the center as the public
agency for rural health advocacy by the appointed members of the executive
committee, allow for clearer rules more easily understood by the public, and
clarify access to and information about open meetings of the executive committee.
There will be no effect on small businesses. There is no anticipated economic
cost to persons who are required to comply with the amendments as proposed.
There is no anticipated impact on local government.
Comments on the proposal may be substituted to Robt. J. "Sam" Tessen, Executive
Director, Center for Rural Health Initiatives, P.O. Drawer 1708, Austin, Texas
78767, (512) 479-8891. Comments will be accepted for 30 days following publication
of the proposal in the
Texas Register
.
Subchapter A. Policies and Procedures
Part V.
Center for Rural Health Initiatives