TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 30. MEDICAID HOSPICE PROGRAM

Subchapter I. MEDICAL REVIEW AND RE-EVALUATION

The Texas Department of Human Services (DHS) proposes to repeal §30.92, concerning Texas Index for Level of Effort (TILE) Assessments, and new §30.92, concerning Texas Index for Level of Effort (TILE) Assessments, in its Medicaid Hospice Program chapter. The purpose of the repeal and the new section is to update guidelines for Medicaid hospice providers so that they comply with utilization review requirements in 1 TAC §§371.212- 371.214, relating to Case Mix Classification System, Utilization Review and Control Activities Performed by Texas Health and Human Services Commission (Commission), and Texas Index for Level of Effort (TILE) Assessments. New §30.92 adopts 1 TAC §§371.212-371.214 by reference.

James R. Hine, Commissioner, has determined that for the first five-year period the proposed new section will be in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

Mr. Hine 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 that hospice and nursing facility providers will access and utilize the same set of guidelines. There will be no effect on small or micro businesses as a result of enforcing or administering the section, because there is no cost to the provider base. There is no anticipated economic cost to persons who are required to comply with the proposed section. There will be no anticipated effect on local employment in geographic areas affected by this section.

Questions about the content of this proposal may be directed to Maxcine Tomlinson at (512) 438-3169 in DHS's Long Term Care Policy section. Written comments on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-197, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register .

40 TAC §30.92

(Editor's note: The text of the following section proposed for repeal will not be published.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 Human Services or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

Under §2007.003(b) of the Texas Government Code, the department has determined that Chapter 2007 of the Government Code does not apply to these rules. Accordingly, the department is not required to complete a takings impact assessment regarding these rules.

The repeal is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs; and under Texas Government Code, §531.021, which provides the Texas Health and Human Services Commission with the authority to administer federal medical assistance funds.

The repeal implements the Human Resources Code, §§22.001-22.036 and §§32.001-32.052.

§30.92.Texas Index for Level of Effort (TILE) Assessments.

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 May 23, 2002.

TRD-200203204

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: July 7, 2002

For further information, please call: (512) 438-3734


40 TAC §30.92

The new section is proposed under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs; and under Texas Government Code §531.021, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds.

The new section implements the Human Resources Code, §§22.001-22.036 and §§32.001-32.052.

§30.92.Texas Index for Level of Effort (TILE) Assessments.

The Texas Department of Human Services adopts by reference 1 TAC §317.212 (relating to Case Mix Classification System), §317.213 (relating to Utilization Review and Control Activities Performed by Texas Health and Human Services Commission (Commission)), and §317.214 (relating to Texas Index for Level of Effort (TILE) Assessments). Each hospice provider must comply with the Texas Health and Human Services Commission's utilization review requirements found at 1 TAC §§317.212-371.214.

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 May 23, 2002.

TRD-200203205

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: July 7, 2002

For further information, please call: (512) 438-3734