Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
Chapter 113.
PROCUREMENT DIVISION
Subchapter A. PURCHASING
1 TAC §113.11
The Texas Building and Procurement Commission adopts an amendment
to §113.11, concerning Delegated Purchases. Section 113.11 is adopted
without changes to the proposed text as published in the April 11, 2003, issue
of the
Texas Register
(28 TexReg 3005). The
text will not be republished.
The amended rule will change the requirement to reflect that of three (3)
bids that must be taken, two (2) must come from HUB vendors. The amendments
to T.A.C. will increase involvement of a wider variety of HUB vendors in the
state procurement process.
One comment was received.
Comment: Commentator took exception to the statement, "Women are the most
utilized of all HUB vendors" and suggests postponement of adoption of this
amendment for two years until evaluation of the newly created "high risk"
classifications can determine some historical utilization figures.
Response: The TBPC finding is based on information gathered from several
sources and is thought to be an accurate reflection of participation rate
of the various HUB groups. It is thought that changing the rule as proposed
will not adversely affect any HUB group, but will allow state agencies the
flexibility to better meet the goals and requirements of the HUB program.
The amendment to §113.11 is adopted under the authority
of the Texas Government code, Title 10, Subtitle D, Chapter 2155, §2155,132,
which provides the Texas building and Procurement commission with the authority
to promulgate rules necessary to implement the sections related to delegated
purchases.
The following code is affected by these rules: Government Code, Title 10,
Subtitle D, Chapter 2155.
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 May 28, 2003.
TRD-200303289
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Effective date: June 17, 2003
Proposal publication date: April 11, 2003
For further information, please call: (512) 475-2400
Chapter 354.
MEDICAID HEALTH SERVICES
Subchapter F. PHARMACY SERVICES
The Texas Health and Human Services Commission (Commission) adopts
an amendment to Subchapter F concerning Pharmacy Services. Specifically, the
Commission adopts amendments to §§354.1801, 354.1802, 354.1804,
354.1807, 354.1809, 354.1811, 354.1815, 354.1831, 354.1837, 354.1861, 354.1863,
354.1867, 354.1871, 354.1873, 354.1892, 354.1901, 354.1905, 354.1907, 354.1911,
354.1921, 354.1923, 354.1925 and 354.1927, and the repeal of §§354.1839,
354.1853, 354.1855, 354.1869, and 354.1903, without changes to the proposed
text as published in the March 7, 2003, issue of the
Texas Register
(28 TexReg 2005) and will not be republished.
Justification for the amendments is that they revise language to reflect
the transfer of the Vendor Drug Program from the Texas Department of Health
to the HHSC and transfer of the rules from Title 25 to Title 1 of the Administrative
Code. They also change references to forms and delete references to obsolete
committees and processes. The repealed rules have been determined to be obsolete
or their content has been incorporated into other rules.
HHSC received no comments regarding adoption of the amendments and repeals.
1.
PARTICIPATION
1 TAC §§354.1801, 354.1802, 354.1804, 354.1807, 354.1809, 354.1811, 354.1815
The amendments are adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303318
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
1 TAC §354.1831, §354.1837
The amendments are adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303319
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
1 TAC §354.1839
The repeal is adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303320
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
1 TAC §354.1853, §354.1855
The repeals are adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303321
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
1 TAC §§354.1861, 354.1863, 354.1867, 354.1871, 354.1873
The amendments are adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303322
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
1 TAC §354.1869
The repeal is adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303323
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
1 TAC §354.1892
The amendment is adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303324
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
1 TAC §§354.1901, 354.1905, 354.1907, 354.1911
The amendments are adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303325
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
1 TAC §354.1903
The repeal is adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303326
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
1 TAC §§354.1921, 354.1923, 354.1925, 354.1927
The amendments are adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303327
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
Subchapter F. PHARMACY SERVICES
The Texas Health and Human Services Commission (HHSC) adopts amendments
to §354.1833 and §354.1891, without changes to the proposed text
as published in the March 7, 2003, issue of the
Texas Register
(28 TexReg 2013). The text of the rules will not be
republished.
Justification for the amendments is that they clarify the meaning of dispensing
and make processes for Vendor Drug Provider audit resolution consistent with
other HHSC processes for provider resolution.
In addition, references in the rules to the Texas Department of Health
have been changed to HHSC, to reflect that HHSC is the agency responsible
for administration of the Vendor Drug Program.
HHSC received no comments regarding adoption of the amendments.
2.
ADMINISTRATION
1 TAC §354.1833
The amendment is adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303328
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
1 TAC §354.1891
The amendment is adopted under the Human Resources Code §32.021
and the Texas Government Code, §531.021, which provides the Commission
with the authority to adopt rules to administer the State's medical assistance
program.
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 May 30, 2003.
TRD-200303329
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 19, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
1 TAC §354.3047
The Texas Health and Human Services Commission (HHSC) adopts
amendments to §354.3047, Quantity Limitations. Those amendments limit
the reimbursable number of days supply of prescription drugs to 34 for Medicaid
recipients who are allowed an unlimited number of prescriptions and require
a minimum reimbursable number of days supply for most medications. The amended
section is adopted without changes to the proposed text as published in the
March 7, 2003, issue of the
Texas Register
(28
TexReg 2013). The text of the rule will not be republished. The amendment
is adopted in order that they will to limit waste attributable to the dispensing
of unnecessarily large supplies of medications. There will also be savings
from the prevention elimination of inappropriate payment of inappropriate
additional dispensing fees for small quantities of medication. In additions,
the limitation to approximately a month's supply of medication is consistent
with limitations imposed by many other third party payers.
HHSC received no comments regarding adoption of the amendment.
The amendment is adopted under Texas Government Code §531.033
which provides the Commissioner of HHSC with broad rulemaking authority; the
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
(Medicaid) program in Texas.
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 May 27, 2003.
TRD-200303247
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: June 16, 2003
Proposal publication date: March 7, 2003
For further information, please call: (512) 424-6576
Subchapter A. COST DETERMINATION PROCESS
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION
2.
ADMINISTRATION
3.
MEDICATIONS
4.
LIMITATIONS
5.
AUDITS
6.
PHARMACY CLAIMS
7.
TEXAS DRUG CODE INDEX--ADDITIONS, RETENTIONS, AND DELETIONS
Chapter 354.
MEDICAID HEALTH SERVICES
5.
AUDITS
Subchapter W. PHARMACY LIMITATIONS
Chapter 355.
MEDICAID REIMBURSEMENT RATES