Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 355. REIMBURSEMENT RATES
Subchapter C. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES
The Health and Human Services Commission (HHSC) adopts new §355.310, concerning the reimbursement methodology for customized power wheelchairs (CPWCs) and associated physical or occupational therapy evaluations for qualified Texas nursing facility residents, without changes to the proposed rule as published in the February 1, 2008, issue of the Texas Register (33 TexReg 821), and will not be republished.
The new rule describes the reimbursement methodology for CPWCs and associated physical or occupational therapy evaluations for qualified Texas nursing facility residents authorized under 40 TAC §19.2614, which was adopted by the Texas Department of Aging and Disability Services (DADS) in the April 18, 2008, issue of the Texas Register (33 TexReg 3301). DADS is adding CPWCs as an item reimbursable by Medicaid for qualified Texas nursing facility residents as part of the settlement agreement in the lawsuit filed in federal court against HHSC and DADS entitled LeCompte, et al. v. Hawkins, et al.
The 30-day comment period ended March 1, 2008, and HHSC did not receive any comments on the proposed rule.
The new rule is adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Texas Human Resources Code §32.021 and Texas Government Code §531.021(a), which authorize HHSC to administer the federal medical assistance (Medicaid) program in Texas.
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 April 17, 2008.
TRD-200802009
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Effective date: May 8, 2008
Proposal publication date: February 1, 2008
For further information, please call: (512) 424-6900