Part I. Texas Department of Health

Chapter 29. Purchased Health Services

Subchapter R. Birthing Center Services

25 TAC §29.1701, §29.1702

On behalf of the State Medicaid Director, the Texas Department of Health (department), adopts amendments to §29.1701 and §29.1702, concerning birthing center services, without changes to the proposed text as published in the October 2, 1998, issue of the Texas Register (23 TexReg 9912), and therefore the sections will not be republished.

The sections describe benefits and limitations of birthing center services available to Medicaid recipients and requirements for the delivery of these services. The department has amended the sections to ensure consistency with 25 TAC Chapter 137. Chapter 137 specifies that physicians, certified-nurse midwives (CNM), and lay midwives may practice in the same centers; birthing centers are no longer categorized by the type of provider that may practice in them. Also, the amendment redesignated "lay" midwives as "documented" midwives. Although documented midwives may now practice in the same facilities as physicians and CNMs, they are not eligible to enroll in the Texas Medicaid Program, and neither their services nor the services provided by the birthing center to their patients are billable to the Medicaid program.

No comments were received on the proposal rules during the comment period.

The amendments are adopted under the Human Resources Code, §32.021 and Government Code §531.021, which provide the Health and Human Services Commission with the authority to adopt rules to administer the state's medical assistance program and is submitted by the Texas Department of Health under its agreement with the Health and Human Services Commission to operate the purchased health services program and as authorized under Chapter 15, §1.07, Acts of the 72nd Legislature, First Called Session (1991).

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 February 1, 1999.

TRD-9900613

Susan K. Steeg

General Counsel

Texas Department of Health

Effective date: February 21, 1999

Proposal publication date: October 2, 1998

For further information, please call: (512) 458-7236

Chapter 1301. Health Care Information

Subchapter A. Hospital Discharge Data Rules

25 TAC §1301.12, §1301.19

The Texas Health Care Information Council (Council) adopts amendments to §1301.12 and §1301.19, concerning the collection of hospital discharge data and discharge reports, without changes to the proposed text as published in the November 13, 1998, issue of the Texas Register (23 TexReg 11550).

The amended sections are being adopted to comply with 42 USC 290dd-2 and 42 CFR Part 2.1, the United States Department of Health and Human Services, Health Care Finance Administration (HCFA) reporting requirements, and to standardize hospital reporting requirements. The amendment to §1301.12 provides a new reporting option for reporting confidential information about alcohol and substance abuse patients. Under the amendment, hospitals may choose to replace patient identification information with values designated by the Council in other rules before filing discharge reports or, if they obtain the written authorization from a patient, they may submit the discharge reports with patient identifying information. The amendment to §1301.19(a)(1) incorporates federally supported changes to the HCFA UB-92 electronic reporting format. The amendment to §1301.19(c)(1) makes changes for clarity and consistency with regard to retrieving racial background information requested from the patient. Lastly, amendments to §1301.19(c)(3) and §1301.19(f) provide for the option of reporting default values for patients covered by 42 USC 290dd-2 and 42 CFR Part 2.1.

The Council did not hold a public hearing and none was requested on the proposed amendments. Additionally, the Council did not receive any written comments on the proposed rules.

The amendments are adopted under the Health and Safety Code, §108.006 and §108.009 and 42 USC 290dd-2 and 42 CFR Part 2.1. The Council interprets §108.006 and §108.009 as authorizing it to adopt rules necessary to carry out Chapter 108, including rules concerning data collection requirements and rules prescribing a process for providers to submit data. The Council interprets 42 USC 290dd-2 and 42 CFR Part 2.1 as requiring these changes to conform to federal confidentiality requirements relating to substance abuse patients.

The Health and Safety Code, §§108.006, 108.010, 108.011, 108.012 and §311.039 are affected by these amendments.

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 February 1, 1999.

TRD-9900620

Jim Loyd

Executive Director

Texas Health Care Information Council

Effective date: February 21, 1999

Proposal publication date: November 13, 1998

For further information, please call: (512) 424-6490

25 TAC §1301.71

The Texas Health Care Information Council (Council) adopts new §1301.71, concerning Historically Underutilized Business, without changes to the proposed text as published in the October 16, 1998, issue of the Texas Register (23 TexReg 10608).

The new section is adopted to comply with House Bill 1, General Appropriations Act, 75th Legislature, Article IX, §124.5 (1997), which directs state agencies to adopt the rules of the General Services Commission (Commission) based on that Commission's State Disparity Study. The Council adopts the rule without changes and adopts the Commission's rules by reference.

The Council received no written comments on the proposed rule.

The new rule is adopted under the Health and Safety Code, §108.006 and under House Bill 1, General Appropriations Act, 75th Legislature, Article IX, §124.5 (1997). The Council interprets §108.006 (a) 3 as authorizing it to adopt rules necessary to carry out Chapter 108 and interprets House Bill 1, General Appropriations Act, 75th Legislature, Article IX, §124.5 (1997) as requiring it to adopt the rules of the General Services Commission based on the Commission's State Diversity Study.

No statutory or code section is affected by the new section.

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 February 1, 1999.

TRD-9900621

Jim Loyd

Executive Director

Texas Health Care Information Council

Effective date: February 21, 1999

Proposal publication date: October 16, 1998

For further information, please call: (512) 424-6490