TITLE 1.ADMINISTRATION

Part 5. GENERAL SERVICES COMMISSION

Chapter 111. EXECUTIVE ADMINISTRATION DIVISION

Subchapter B. HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM

1 TAC §111.23

The General Services Commission adopts amendments to Title 1, TAC, §111.23 concerning Graduation Procedures for the Historically Underutilized Business Program. The amendments are adopted without changes to the proposed text as published in the March 9, 2001, issue of the Texas Register (26 TexReg 1919). The text will not be republished.

The amendments are adopted to be in compliance with the Small Business Administration (SBA) industry size standards used to define small business concerns. The Standard Industrial Classification Codes (SIC) as stated in Title 13, Code of Federal Regulations, §121.201 have been changed to the North American Industry Classification System Codes (NAICS) which were adopted by the SBA on October 1, 2000.

The adopted amendments to §111.23 will delete obsolete language referring to SIC to be replaced by language referring to standards by NAICS Industry that is now being used by the U.S. Small Business Administration to determine small business size standards.

No comments have been received concerning the adoption of amendments to Title 1, TAC, §111.23.

The amendments to §111.23 are adopted under the authority of the Texas Government Code, Title 10, Subtitle D, Chapter 2161, §§2161.015, 2161.002, 2161.003, and 2161.004 which provides the General Services Commission with the authority to promulgate rules necessary to implement the sections.

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 April 26, 2001.

TRD-200102412

Cynthia J. Hill

Acting General Counsel

General Services Commission

Effective date: May 16, 2001

Proposal publication date: March 9, 2001

For further information, please call: (512) 463-3960


Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Chapter 355. MEDICAID REIMBURSEMENT RATES

Subchapter J. PURCHASED HEALTH SERVICES

14. FEDERALLY QUALIFIED HEALTH CENTER SERVICES

1 TAC §355.8261

The Health and Human Services Commission (HHSC) adopts an amendment to §355.8261 concerning time frames for submittal of Medicaid cost reports for Federally Qualified Health Care Center (FQHC) providers, and time frames for the Texas Department of Health to complete Medicaid cost settlements for FQHCs, without changes to the proposed text published in the February 9, 2001, issue of the Texas Register (26 TexReg 1225).

Section 355.8261 has been amended to allow more time for FQHC providers to submit Medicaid cost reports. Currently, FQHCs must submit the cost report within 90 days of the end of the FQHC's fiscal year end. The rule has been amended to allow the provider to submit the cost report within five months of the end of the FQHC's fiscal year end instead of within 90 days. In addition, the rule has been amended to allow more time for the Medicaid program to complete cost settlements for FQHC providers. The rule has also been amended to allow completion of cost settlements within eleven months of receipt of a properly completed cost report instead of within six months.

A public hearing was held on March 14, 2001, to accept comments concerning the proposal. No comments were received during the hearing, and no written comments concerning the proposal were received during the 30-day comment period.

The amendment is adopted under the Texas Government Codes, §531.033, which provides the commissioner of HHSC with broad rulemaking authority, Human Resources Code, §32.021 and the Texas Government Code, §531.021(a), which provides the Health and Human Services Commission (HHSC) with the authority to administer the federal medical assistance (Medicaid) program in Texas; and the Texas Government Code which §531.021(b), which provides HHSC with the authority to adopt rules governing the determination of Medicaid reimbursements.

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 April 27, 2001.

TRD-200102432

Marina Henderson

Executive Deputy Commissioner

Texas Health and Human Services Commission

Effective date: May 17, 2001

Proposal publication date: February 9, 2001

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