1 TAC §353.202
The Health and Human Services Commission (HHSC), proposes
to amend 1 TAC §353.202, concerning Member Bill of Rights. The amendment
gives Medicaid managed care members an additional right concerning how they
are treated. Federal Medicaid managed care regulation 42 C.F.R. §438.100(b)(2)(v)
requires that enrollees be free from any form of restraint or seclusion used
as a means of coercion, discipline, convenience or retaliation. The amendment
adds that right, which will be published in the managed care Member Bill of
Rights. The Member Bill of Rights is published in the Member Handbook and
a copy is given to each Medicaid managed care member. The purpose of the proposed
amendment is to bring HHSC into compliance with 42 C.F.R. §438.100(b)(2)(v).
Medicaid managed care health plans will be required to revise member materials
to include this change.
The proposed amendment has been written in easily understood language,
as required by 42 C.F.R. §438.10(d)(i).
Tom Suehs, Deputy Commissioner for Financial Services, has determined that
for the first five years the proposed amendment is in effect, there will be
no fiscal implications for the state or local government as a result of enforcing
or administering the amended rule.
Mr. Suehs also has determined that during the first five years the proposed
amendment is in effect, the public's benefit as a result of enforcing the
proposed amendment is to inform Medicaid managed care enrollees of the rights
granted to them under federal regulations. There is no anticipated impact
on small businesses and micro-businesses to comply with the amended rule as
proposed, as they will not be required to modify business practices. There
are no anticipated economic costs to persons who are required to comply with
the proposed rule. There is no anticipated impact on local employment.
HHSC has determined that the proposed amendment is not a "major environmental
rule" as defined by §2001.0225 of the Texas Government Code. "Major environmental
rule" is defined to mean a rule the specific intent of which is to protect
the environment or reduce risk to human health from environmental exposure
and that may adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment or the public health
and safety of a state or a sector of the state. The proposed amendment is
not specifically intended to protect the environment or reduce risks to human
health from environmental exposure.
HHSC has determined that the proposed amendment does not restrict or limit
an owner's right to his or her property that would otherwise exist in the
absence of governmental action and, therefore, does not constitute a taking
under §2007.043, Government Code.
Written comments on the proposed amended rule may be submitted to Ms. Dee
Sportsman, Medicaid/CHIP Division, Texas Health and Human Services Commission,
1100 West 49th Street, Austin, Texas 78756, within 30 days of publication
of this proposal in the
Texas Register
.
A public hearing is scheduled for June 25, 2003, from 1:00 p.m. to 3:00
p.m. The hearing will be held in the Public Hearing Room, 12555 Riata Vista
Circle, Bldg. 3, Austin, Texas, 78727.
The amendment is proposed under the Texas Government Code, §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 provide HHSC with the authority to administer the federal medical assistance
program (Medicaid) in Texas.
No other statutes, articles, or codes are affected by the proposed amendment.
§353.202.Member Bill of Rights.
Each managed care organization participating in the state's Medicaid
program shall provide to each member an easy-to-read, written document stating:
Figure: 1 TAC §353.202
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 27, 2003.
TRD-200303248
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Earliest possible date of adoption: July 13, 2003
For further information, please call: (512) 424-6576