1 TAC §355.783
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Health and Human Services Commission or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Health and Human Services Commission (THHSC)
proposes the repeal of §355.783 of 1 TAC Chapter 355, Medicaid Reimbursement
Rates, Subchapter F, General Reimbursement Methodology for all Medical Assistance
Programs, regarding right to appeal for the rehabilitative services program
operated by the Texas Department of Mental Health and Mental Retardation (TDMHMR).
The section is proposed for repeal because provisions regarding fair hearings
for Medicaid recipients and appeals concerning cost reports for Medicaid providers
of rehabilitative services are described in 25 TAC §419.464 and 1 TAC
§355.781(e)(3)(D), respectively.
Don Green, Chief Financial Officer, has determined that for each year of
the first five years the proposed repeal is in effect enforcing or administering
the rule does not have foreseeable implications relating to cost or revenues
of the state or local governments.
Mr. Green has also determined that for each year of the first five years
the proposed repeal is in effect the public benefit expected is the elimination
of an unnecessary rule provision and there would be no economic cost to persons
required to comply with the rule.
It is anticipated that the proposed repeal will not affect a local economy.
It is anticipated that the proposed repeal will not have an adverse economic
effect on small businesses because the repeal does not affect the process
regarding fair hearings for Medicaid recipients or appeals concerning cost
reports for Medicaid providers of rehabilitative services.
Comments on the proposal may be submitted to Linda Logan, director, Policy
Development, Texas Department Mental Health and Mental Retardation, P.O. Box
12668, Austin, Texas, 78711-2668, within 30 days of publication of this notice.
The repeal is proposed under the Texas Government Code, §531.033,
which provides the commissioner of THHSC with broad rulemaking authority;
the Texas Human Resources Code, §32.021, and the Texas Government Code,
§531.021(a), which provide THHSC with the authority to administer the
federal medical assistance (Medicaid) program in Texas; and the Texas Government
Code, §531.021(b), which provides THHSC with the authority to adopt rules
governing the determination of Medicaid rates.
The proposal affects the Texas Human Resources Code, §32.021, and
the Texas Government Code, §531.021(a) and §531.033.
§355.783.Right to Appeal.
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
July 20, 1999.
TRD-9904374
Marina S. Henderson
Executive Deputy Commissioner
Texas Health and Human Services Commission
Earliest possible date of adoption: September 5, 1999
For further information, please call: (512) 424-6576