40 TAC §19.2320
The Texas Department of Human Services (DHS) proposes to
amend §19.2320, concerning medical transportation, in its Nursing Facility
Requirements for Licensure and Medicaid Certification chapter. The purpose
of the amendment is to comply with the requirements of House Bill 2292, 78th
Texas Legislature, which amended Human Resources Code, §32.024. The amendment
will allow nursing facilities to use the state's Medicaid community-based
Title XIX medical transportation program to transport recipients for renal
dialysis treatments.
Gordon Taylor, DHS's Chief Financial Officer, has determined that, for
the first five-year period the proposed amendment is in effect, there are
no fiscal implications for DHS as a result of enforcing or administering the
section. However, there are fiscal implications for the state in the related
policy proposed by the Texas Health and Human Services Commission (HHSC) in
the May 28, 2004, issue of the
Texas Register
.
Tom Suehs, Deputy Executive Commissioner for Financial Services, HHSC, has
determined that during the first five years the proposed amendments to 1 Texas
Administrative Code (TAC) §380.203 and §380.207 (HHSC, Medical
Transportation Program) are in effect, there will be an estimated fiscal impact
to the state for State Fiscal Year 2004 of $104,784 in general revenue and
for the State Fiscal Year 2005 of $418, 926 in general revenue. There are
no foreseeable fiscal implications for local governments.
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 is that nursing
facility residents will have improved access to dialysis services because
they can access medical transportation services for renal dialysis treatments.
There is no adverse economic effect on small or micro businesses, or on
businesses of any size, as a result of enforcing or administering the section,
because the rule does not add an expense for the facility but instead allows
transportation to be funded through the Title XIX program for facilities that
transport residents to dialysis treatments. There is no anticipated economic
cost to persons who are required to comply with the proposed section for the
same reason. 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 Marcia
Bowen at (512) 438- 3161 in DHS's Long-Term Care Regulatory Policy section.
Written comments on the proposal may be submitted to Supervisor, Rules Unit-191,
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 Government Code, §2007.003(b), DHS has determined that Chapter
2007 of the Government Code does not apply to this rule. The change this rule
makes does not implicate a recognized interest in private real property. Accordingly,
DHS is not required to complete a takings impact assessment regarding this
rule.
This rule is proposed by DHS, subject to the subsequent transfer of rulemaking
authority to HHSC. DHS is currently scheduled to transition sometime in 2004
into two successor agencies, the existing HHSC and a new agency, the Texas
Department of Aging and Disability Services (DADS).
This reorganization is mandated by House Bill 2292, 78th Leg., R.S. (2003).
At the inception of operations of DADS, the authority to adopt all rules for
the operation and provision of health and human services by DADS will lie
with HHSC. These changes may result in the migration of this rule from one
title of the Texas Administrative Code to another or other changes.
The amendment is proposed under the Human Resources Code, Chapters
22 and 32, which authorizes DHS to administer public and medical assistance
programs; and under Government Code, §531.021, which provides the Texas
Health and Human Services Commission with the authority to administer federal
medical assistance funds.
The amendment affects the Human Resources Code, §§22.0001-22.040
and §§32.001-32.067.
§19.2320.Medical Transportation.
(a)-(c)
(No change.)
(d)
The facility may not charge the state's Medicaid health
insuring agent, the recipient, the family, or responsible party for normal
transportation as defined in this section. Normal transportation charges are
covered in the monthly vendor rate. The facility may not use the state's Medicaid
community-based Title XIX medical transportation program
except to transport
recipients for renal dialysis treatments
.
(e)-(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 June 4, 2004.
TRD-200403694
Carey Smith
Deputy Commissioner, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: July 18, 2004
For further information, please call: (512) 438-3734