TITLE 1.ADMINISTRATION

Part 9. STATE AIRCRAFT POOLING BOARD

Chapter 181. GENERAL PROVISIONS

1 TAC §181.12

The State Aircraft Pooling Board proposes to amend §181.12, concerning certain fuel and maintenance contracts in order to extend the fuel and hangar services of the board to state-elected officials for personal aircraft being used on state business.

The amendments to §181.12 are being proposed to facilitate state-elected officials' time and access to state business in Austin.

Jerry Daniels, Executive Director, has determined that for the first five-year period the rule is in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Mr. Daniels has also determined that for the first five years the rule is in effect, the public will benefit through cost savings for services provided and time saved in conducting state business as a result of the administration of the rule. There is no negative effect on small businesses.

Comments on the proposals may be submitted within 30 days of this publication to Jerry Daniels, State Aircraft Pooling Board, 10335 Golf Course Road, Austin, Texas 78719, (512) 936-8900.

The amendments are proposed under Texas Government Code, Title 10, Chapter 2205, §2205.010, which provides the board the authority to adopt rules for conducting business.

There are no other statutes, articles, or codes that will be affected by this proposal.

§181.12.Certain Fuel and Maintenance Contracts.

(a) (No change.)

(b) This section applies only to contracts entered into between the board and a state agency or the board and a state-elected official, under which the board will provide aircraft fuel, storage, or maintenance services for noncommercial aircraft that are temporarily being used on state [ ~~agency~~ ] business but that are not owned, leased, or operated by the state.

(c) At the request of a state agency, the board may enter into a contract with the agency under which the board will provide aircraft fuel, storage, or maintenance services as available for noncommercial aircraft described by subsection (b) of this section. A state-elected official may purchase fuel and hangar services from the board for personal aircraft being used on state business. Billings for these services will be made to the office-holder .

(d) - (g) (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 March 3, 2003.

Executive Director

State Aircraft Pooling Board

Earliest possible date of adoption: April 13, 2003

For further information, please call: (512) 936-8900

Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Chapter 355. MEDICAID REIMBURSEMENT RATES

Subchapter C. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES

1 TAC §355.308

The Texas Health and Human Services Commission (HHSC) proposes to amend §355.308, concerning enhanced direct care staff rate, in its Medicaid Reimbursement Rates chapter. The purpose of the amendment is to correct obsolete rule citations concerning nurse aide training requirements.

Tom Suehs, Deputy Commissioner for Financial Services, has determined that, for the first five-year period the proposed section is in effect, there are no fiscal implications for state government or local government as a result of enforcing or administering the section.

Steve Lorenzen, Director, Rate Analysis, 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 is that contracted providers can access accurate guidelines governing nurse aide training requirements. This will enable providers to determine which nurse aides are certified and may be included in the direct care staff cost center. There is no adverse economic effect on small or micro businesses as a result of enforcing or administering the section, because the proposal 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 Rate Analysis. Written comments on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-145, 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, HHSC has determined that Chapter 2007 of the Government Code does not apply to this rule. Accordingly, HHSC is not required to complete a takings impact assessment regarding this rule.

The amendment is proposed under the Government Code, §531.033, which authorizes the commissioner of HHSC to adopt rules necessary to carry out the commission's duties, and §531.021(b), which establishes HHSC as the agency responsible for adopting reasonable rules governing the determination of fees, charges, and rates for medical assistance payments under the Human Resources Code, Chapter 32.

The amendment implements the Government Code, §§531.033 and 531.021(b).

§355.308.Enhanced Direct Care Staff Rate.

(a) Direct care staff cost center. This cost center will include compensation for employee and contract labor Registered Nurses (RNs), including Directors of Nursing (DONs) and Assistant Directors of Nursing (ADONs); Licensed Vocational Nurses (LVNs), including DONs and ADONs; medication aides; and nurse aides performing nursing-related duties for Medicaid contracted beds.

(1)-(2) (No change.)

(3) Nurse aides must meet the qualifications enumerated under 40 TAC §19.1903 (relating to Required Training of Nurse Aides) [ ~~§94.3 (relating to Facility Requirements)~~ ] to be included in this cost center. Nurse aides include certified [ ~~Certified~~ ] nurse aides and nurse aides in training as per 40 TAC §94.3(k) (relating to Nurse Aide Training and Competency Evaluation Program (NATCEP) Requirements) [ ~~§94.4(c) (relating to Facility Requirements)~~ ].

(4)-(8) (No change.)

(b) -(dd) (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 March 3, 2003.

General Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: April 13, 2003

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