1 TAC §355.503
The Texas Health and Human Services Commission (HHSC) proposes
to amend §355.503, concerning reimbursement methodology for the Community-Based
Alternatives waiver program, in its Medicaid Reimbursement Rates chapter.
The purpose of the amendment is to correct inaccurate rule citations concerning
reimbursement methodology for the Emergency Response Services (ERS) and Home-Delivered
Meals (HDM) programs.
Tom Suehs, Deputy Executive 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.
Ed White, Director, Rate Setting and Forecasting, 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 reimbursement methodology for the
ERS and HDM programs. 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 imposes no new requirements on businesses
of any size. 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 Victor
Perez at (512) 491- 1375 in HHSC's Rate Analysis Department. Written comments
on the proposal may be submitted to Supervisor, Rules Unit-105, 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. The changes
this rule makes do not implicate a recognized interest in private real property.
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 affects the Government Code, §§531.033 and 531.021(b).
§355.503.Reimbursement Methodology for the Community-Based Alternatives Waiver Program.
(a) - (c)
(No change.)
(d)
Waiver reimbursement determination. Recommended reimbursements
are determined in the following manner.
(1) - (2)
(No change.)
(3)
Monthly reimbursement ceilings. The reimbursement for Emergency
Response Services will be determined as monthly reimbursement ceiling, based
on the ceiling amount determined in accordance with 40 TAC §52.504 (relating
to Reimbursement Methodology for Emergency Response Services
(ERS)
).
The reimbursement for Home-Delivered Meals will be determined on a per meal
basis, based on the ceiling amount determined in accordance with 40 TAC
§55.45
[
§48.9806
] (relating to Reimbursement Methodology
for Home-Delivered Meals).
(4) - (7)
(No change.)
(e) - (h)
(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 May 24, 2004.
TRD-200403493
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Earliest possible date of adoption: July 4, 2004
For further information, please call: (512) 438-3734