Part 10.
DEPARTMENT OF INFORMATION RESOURCES
Chapter 201.
PLANNING AND MANAGEMENT OF INFORMATION RESOURCES TECHNOLOGIES
1 TAC §201.4
The Department of Information Resources (department) adopts
1 T.A.C.§201.4, Historically Underutilized Business Program, adopting,
by reference, the Historically Underutilized Business (HUB) Program rules
of the General Services Commission (commission) as such rules may be amended
from time to time by the commission. The HUB rules of the commission are published
at 1 T.A.C. §§111.11-111.27. The proposed rule was published for
comment in the November 17, 2000
Texas Register
at 25 TexReg 11351. No comments were received in response to the proposed
rule.
The rule is adopted in accordance with Texas Government Code §2161.003,
which requires state agencies to adopt the commission's HUB rules under §2161.002
and Texas Government Code §2054.052(a), which provides the department
may adopt rules as necessary to implement its responsibilities. The HUB rules
address policy and purpose, definitions, annual procurement utilization goals,
subcontracts, agency planning responsibilities, state agency reporting requirements,
certification requirements, protests, recertification, revocation, certification
and compliance reviews, use of the HUB certification directory, graduation
procedures, program review by the commission, the memorandum of understanding
between the commission and the Texas Department of Economic Development, HUB
coordinator responsibilities, and HUB forum programs for state agencies.
Texas Government Code §2161.002 is affected by the proposed rule.
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 8, 2001.
TRD-200100840
Renee Mauzy
General Counsel
Department of Information Resources
Effective date: February 28, 2001
Proposal publication date: November 17, 2000
For further information, please call: (512) 475-2153
1 TAC §201.13
The Department of Information Resources adopts amended §201.13
concerning information resource standards. The amendment deletes from §201.13
subsection (c), relating to use of the TEX-AN network by state agencies, and
deletes subsection (e), relating to date standard. The elimination of subsection
(c) of §201.13 is a result of the department's review of subsections
(c) and (d) of §201.13 in accordance with the notice of intention to
review and consider for readoption, revision, or repeal, Title 1, Texas Administrative
Code, Chapter 201, §201.13, subsections (c) and (d). The proposed amendment
was published September 8, 2000, at 25 TexReg 8818 and is adopted without
changes to what was proposed therein.
Subsection (c) of §201.13 is no longer necessary, because Article
IX, §9-10.05, General Appropriations Act, of the 76th legislature, gives
waiver request evaluation to the Telecommunications Planning Group, rather
than to the department. The Telecommunications Planning Group is created by
Subchapter H, Chapter 2054, Texas Government Code. The Telecommunications
Planning Group has established "TEX-AN Waiver Criteria and Waiver Evaluation
Information" which is accessible on the Telecommunications Planning Group
site at http://www.state.tx.us/TPG.
Subsection (e) of §201.13 is deleted because the Year 2000 passed
without significant impact to the state's technology infrastructure, and the
date standard rule contained in subsection (e) is no longer necessary.
The amendment is adopted in accordance with Texas Government Code §2054.052(a),
which provides the department may adopt rules as necessary to implement its
responsibilities.
No comments were received in response to the proposed amendment to §201.13.
The amended rule is adopted under Texas Government Code §2054.052(a),
which authorizes the department to adopt rules as necessary to carry out its
responsibility under the Information Resources Management Act.
Subchapter H of Chapter 2054, Texas Government Code is affected by the
amended rule.
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 8, 2001.
TRD-200100844
Renee Mauzy
General Counsel
Department of Information Resources
Effective date: February 28, 2001
Proposal publication date: September 8, 2000
For further information, please call: (512) 475-2153
Chapter 355.
MEDICAID REIMBURSEMENT RATES
The Health and Human Services Commission (HHSC) adopts amendments
to Chapter 355, Medicaid Reimbursement Rates; Subchapter D, §§355.451-355.458,
relating to Reimbursement Methodology for the Intermediate Care Facilities
for Persons with Mental Retardation (ICF/MR) Program; and Subchapter F, §§355.701-355.709,
355.722, 355.723, 355.732, 355.733, 355.741-355.743, 355.761, 355.773, 355.775,
and 355.781, relating to General Reimbursement Methodology for all Medical
Assistance Programs, without changes to the text of the proposed rules published
in the December 15, 2000, issue of the
Texas Register
(25 TexReg 12277).
The adopted rules implement §531.021, Government Code, entitled "Administration
of Medicaid Program." The adopted rules revise reimbursement methodologies
for Medicaid programs operated by the Texas Department of Mental Health and
Mental Retardation (TDMHMR).
The majority of the adopted amendments are non-substantive revisions to
current rules that update chapter titles to more accurately reflect current
operations, clarify the respective responsibilities of HHSC and TDMHMR regarding
the determination and payment of reimbursement rates to Medicaid providers
enrolled in TDMHMR Medicaid programs, and delete obsolete provisions of the
rules that governed cost determination or reimbursement rates for particular
years. The proposed amended rules also delete provisions that currently require
rate proposals to be reviewed by the Board of Mental Health and Mental Retardation.
HHSC received a joint written comment filed on behalf of the Private Providers
Association of Texas, The Arc of Texas, and the Texas Council of Community
MHMR Centers, Inc. The commenters requested that HHSC restore language to
the amended rules that requires reimbursement rate methodologies and proposed
reimbursement rates Medicaid providers to be reviewed and approved by the
Board of Mental Health and Mental Retardation. The commenters stated that
the amended rules imply a change in the intent of HHSC to maintain close connection
between Medicaid rates and policymaking for Medicaid programs.
HHSC appreciates the comment but believes the amended rules more accurately
reflect current policy for the entire Medicaid program. As single state agency
for the state Medicaid program, HHSC is ultimately accountable for administration
of the program, including the establishment of policy for Medicaid programs.
Section 531.021(b), Government Code, requires HHSC to adopt rules and standards
to govern the determination of fees, charges, and rates for medical assistance
payments under Chapter 32, Human Resources Code, in consultation with the
agencies that operate the Medicaid program. Under current HHSC rules, provider
reimbursement methodologies for other Medicaid programs are developed by HHSC
with the assistance and input of the agencies that operate the particular
Medicaid program.
In addition, rulemaking and ratesetting are subject to separate public
processes that provide interested parties several opportunities to communicate
concerns about Medicaid provider reimbursement policy and rates. HHSC believes
these processes enable HHSC to maintain the close connection between reimbursement
rate determination and program policymaking, which also is subject to prior
review and approval by HHSC. This process also confirms HHSC's primary responsibility
and ultimate accountability for provider reimbursement rate setting. HHSC
does not believe the adopted rules are at cross purposes with the goals expressed
by the commenters. Accordingly, HHSC does not believe changes to the proposed
rules are necessary at this time.
Subchapter D. REIMBURSEMENT METHODOLOGY FOR THE INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION (ICF/MR) PROGRAM
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION