Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 29.
PURCHASED HEALTH SERVICES
Subchapter D. MEDICAID HOME HEALTH SERVICES
25 TAC §29.307
(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repeal will not be published.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 Department of Health or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
Subject to the approval of the State Medicaid Director,
the Texas Department of Health (department) proposes to repeal §29.307,
concerning reimbursement methodology for home health services.
The department has determined the need to repeal the rule because it is
unnecessary. The Texas Government Code §531.021, as amended in 1997,
75th Legislature, gave the Health and Human Services Commission responsibility
for adopting all reimbursement rules and statutes regarding the setting of
Medicaid rates, fees and charges. Therefore, there is no need for the Texas
Department of Health to have a rule that the Health and Human Services Commission
is responsible for now and in the future.
Mr. Joe Moritz, Health Care Financing Budget Director, has determined that
for each year of the first five years the section is in effect, there will
be no fiscal implications on state government on the proposal of repealing
this rule. The proposed repeal does not have foreseeable implications relating
to cost or revenues of local government.
Mr. Moritz also has determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of enforcing
the section will be to ensure that all Medicaid reimbursement rules are administered
by the Health and Human Services Commission per legislative mandate. There
will be no effect on small business or micro-business to comply with the proposed
repeal of this section. This was determined by interpretation of the rule
that small businesses and micro-businesses will not be required to alter their
business practices in order to comply with the proposed rule repeal. There
are no anticipated economic costs to persons who are required to comply with
the proposed repeal of this section. There will be no impact on local employment.
Comments on the proposal may be submitted to Beverly Williams, Program
Specialist III, Health Care Financing, Texas Department of Health, Mail Code
Y-927, 1100 West 49th Street, Austin, Texas 78756-3168, within 30 days of
publication in the
Texas Register
.
The repeal of this rule is in accordance with the Human Resources
Code, §32.021 and the Texas Government Code, §531.021, which provides
the Health and Human Services Commission with the authority to adopt rules
to administer the state's medical assistance program. Rules are submitted
by the Texas Department of Health under its agreement with the Health and
Human Services Commission to operate the purchased health services program
as authorized by Acts of the 72nd Legislature, First Called Session, Chapter
15, §1.07, (1991).
The proposed rule repeal affects Chapter 32 of the Human Resources Code
and Chapter 531 of the Government Code.
§29.307.Reimbursement Methodology for Home Health 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 August 14, 2000.
TRD-200005680
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: September 24, 2000
For further information, please call: (512) 458-7236
Subchapter E. MEDICAID CHIROPRACTIC SERVICES