Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 41.
VENDOR FISCAL INTERMEDIARY PAYMENTS
40 TAC §41.114
The Texas Department of Human Services (DHS) proposes to
amend §41.114, concerning vendor fiscal intermediary payment option,
in its Vendor Fiscal Intermediary Payments chapter. The purpose of the amendment
is to replace references to "vendor fiscal intermediary" with "consumer directed
services" (CDS), in reference to the payment option available to eligible
consumers in the In-home and Family Support, Primary Home Care, Family Care
Services, and Consumer-Managed Personal Assistance Services programs. The
amendment also removes references to the attendant compensation enhancement
participation payment rate, allowing for expansion of the CDS payment option
to other services besides the attendant services.
The Texas Health and Human Services Commission (HHSC) is proposing related
policy in its Chapter 355 in this issue of the
Texas
Register
.
Bobby Halfmann, Chief Financial Officer, has determined that, for the first
five-year period the proposed 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.
Bettye M. Mitchell, Deputy Commissioner for Long Term Care, 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 to
have the name of the payment option reflect the types of available services
and be consistent with the name used in approved applicable Medicaid waivers
and Medicaid State Plan amendments. There will be no adverse economic effect
on small or micro businesses as a result of enforcing or administering the
section, because the amendment is technical in nature and does not impact
policy. There is no anticipated economic cost to persons who are required
to comply with the proposed section. There is no anticipated effect on local
employment in geographic areas affected by this section.
Questions about the content of this proposal may be directed to Carolyn
Pratt at (512) 685- 3127 in HHSC's Rate Analysis Department. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-073,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
. For further information regarding the proposal or to make the proposal
available for public review, contact local offices of DHS or Carolyn Pratt
at (512) 685- 3127 in HHSC Rate Analysis.
Under §2007.003(b) of the Texas Government Code, DHS has determined
that Chapter 2007 of the Government Code does not apply to this rule. Accordingly,
DHS is not required to complete a takings impact assessment regarding this
rule.
The amendment is proposed under the Human Resources Code, Chapter
22, which authorizes DHS to administer public assistance programs.
The amendment implements the Human Resources Code, §§22.0001-22.038.
§41.114. Consumer Directed Services [
(a)
The
consumer directed services (CDS)
[
(b)
The sum of the payment rate for the contracted
CDS
agency
[
(c)
The
CDS
[
(d)
(No change.)
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 February 21, 2003.
TRD-200301347
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: April 6, 2003
For further information, please call: (512) 438-3734
Subchapter L. CONTRACT ADMINISTRATION
40 TAC §69.202
The Texas Department of Human Services (DHS) proposes to
amend §69.202, concerning procurement, in its Contracted Services chapter.
The purpose of the amendment is to give DHS the option of requiring prospective
contractors to undergo an orientation before entering an open enrollment contract.
The amendment also brings the rule into conformance with current practice
by replacing a reference to unit rates as the method of payment for open enrollment
contractors with a broader reference to payment methods.
Bobby Halfmann, Chief Financial Officer, has determined that, for the first
five-year period the proposed section is in effect, there will be no fiscal
implications for state or local government as a result of enforcing or administering
the section. DHS will incur costs to develop and provide orientation sessions;
however, these costs will be covered using existing resources. There will
be costs associated with developing and producing the orientation and distribution
orientation materials. If computer-based orientation is not used, DHS staff
may conduct orientation sessions, which may involve travel, lodging, meal,
and meeting room expenses.
Charles F. Lyon, Deputy Commissioner for Support Services, has determined
that the public benefit anticipated for each year of the first five years
the amendment is in effect is that prospective contractors will be able to
make a more informed decision about whether to enter an open enrollment contract
if they have first gone through an orientation. It is anticipated that knowledge
gained in such an orientation will help potential contractors determine whether
an open enrollment contract makes business sense and thus help to avoid future
problems for both the contractor and the state. There will be no adverse economic
effect on small or micro businesses as a result of enforcing or administering
the amended rule, because the proposal is intended to help businesses (potential
contractors) of all sizes make informed decisions about whether to enter an
open enrollment contract and thus avoid unnecessary costs. Costs for persons
required to comply with the rule (prospective contractors) will be minimal
and consistent with the normal cost of investigating business opportunities.
DHS will not charge for the orientation. Costs to contractors could range
from nothing for computer-based orientation to the cost of travel, meals,
and lodging for a day of orientation. There is no anticipated effect on local
employment in geographic areas affected by this section.
Questions about the content of this proposal may be directed to Bill Gordon,
at (512) 438- 2196 in DHS's Contract Policy section. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-125, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Government Code, DHS has determined that
Chapter 2007 of the Government Code does not apply to these rules. Accordingly,
DHS is not required to complete a takings impact assessment regarding these
rules.
The amendment is proposed under the Human Resources Code, Chapter
22, which authorizes DHS to administer contracts that accomplish the purposes
of its programs.
The amendment implements the Human Resources Code, §§22.0001-22.038.
§69.202.Procurement.
(a)
(No change.)
(b)
Exemptions to Competition.
(1)
Noncompetitive procurement methods may be used if authorized
by law, rule, or regulations and if:
(A)
all qualified providers are allowed to enroll if
payment terms are accepted
[
(B)-(D)
(No change.)
(2)
(No change.)
(c)
Open Enrollment.
(1)
Open enrollment is a noncompetitive purchase method by
which DHS contracts for services with all providers that meet program-specified
qualifications.
(2)
DHS requires all open enrollment contractors to complete
a pre-contract orientation, unless the program area determines that such an
orientation is not required before contract enrollment. The program area establishes
the content and method of delivery of the orientation.
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 February 21, 2003.
TRD-200301348
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: April 6, 2003
For further information, please call: (512) 438-3734
Subchapter A. GENERAL PROCEDURES
Vendor Fiscal Intermediary ] Payment Option.
vendor fiscal intermediary (VFI)
] payment option is made available to
eligible consumers in the In-home and Family Support, Primary Home Care (PHC),
Family Care Services, and Consumer-Managed Personal Assistance Services programs.
VFI
] and the payment rate for the consumer
participating in CDS
must not exceed the [
hourly attendant compensation
enhancement participant
] payment rate made to contracted providers in
these programs. The payment rate for the contracted
CDS agency
[
VFI
] is determined by modeling the estimated administrative cost to
carry out the responsibilities of the
CDS agency
[
VFI
].
The payment rate for the consumer is determined by subtracting the contracted
CDS
[
VFI
] payment rate from the [
attendant compensation
enhancement participation
] payment rate made to contracted providers
in these programs.
VFI
] payment rate is paid
to the
CDS agency
[
VFI
] as a percentage of the amount
expended and claimed to the Texas Department of Human Services.
Chapter 69.
CONTRACTED SERVICES
they accept the established unit rate(s)
for services
]; or
Chapter 75.
INVESTIGATIONS