1 TAC §355.110, §355.112
The Texas Health and Human Services Commission (HHSC) adopts
amendments to §355.110 and §355.112, without changes to the proposed
text published in the January 9, 2004, issue of the
Texas Register
(29 TexReg 265).
The amendment to §355.110 was undertaken to allow providers additional
time, if necessary, to gather information and evidence to support an efficient
resolution of any matters in dispute. Because providers sometimes find that
30 days is not enough time to collect the necessary information, HHSC decided
to allow providers 45 days to complete this task, if they request the extension
in writing within 30 calendar days.
The amendment to §355.112 was undertaken in order to reduce the spending
requirement for providers participating in attendant compensation rate enhancement.
In order to meet funding levels provided in the 2004-2005 Legislative Appropriations
Act, HHSC lowered reimbursement rates by 1.1%, which in turn warranted a lowering
of the spending requirement. Lowering the spending requirement allows participating
providers more spending flexibility in other cost areas of the total reimbursement
rate.
The Texas Department of Human Services is adopting related policy in its
Chapter 20 in this issue of the
Texas Register
.
HHSC received one comment from the Texas Association for Home Care in support
of the amendments.
The amendments are adopted 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 Human Resources
Code, Chapter 32.
The amendments affect the Government Code, §§531.033 and 531.021(b).
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 March 10, 2004.
TRD-200401824
Steve Aragón
General Counsel
Texas Health and Human Services Commission
Effective date: April 1, 2004
Proposal publication date: January 9, 2004
For further information, please call: (512) 438-3734