TITLE 1. ADMINISTRATION

PART 2. TEXAS ETHICS COMMISSION

CHAPTER 22. RESTRICTIONS ON CONTRIBUTIONS AND EXPENDITURES

1 TAC §22.7

The Texas Ethics Commission adopts an amendment to §22.7, relating to documentation that a candidate, officeholder, or political committee must obtain from an out-of-state political committee before accepting a political contribution from the out-of-state political committee. The amendment is adopted without changes to the proposed text as published in the March 6, 2009, issue of the Texas Register (34 TexReg 1495) and will not be republished.

The amendment to §22.7 would track statutory changes made to §253.032 of the Election Code and would update the rule to be consistent with that statute.

No comments were received regarding the proposed rule during the comment period.

The amendment to §22.7 is adopted under Government Code, Chapter 571, §571.062, which authorizes the commission to adopt rules concerning the laws administered and enforced by the commission.

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 27, 2009.

TRD-200901565

Natalia Luna Ashley

General Counsel

Texas Ethics Commission

Effective date: May 17, 2009

Proposal publication date: March 6, 2009

For further information, please call: (512) 463-5800


PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 355. REIMBURSEMENT RATES

The Texas Health and Human Services Commission (HHSC) adopts the repeal and replacement of 1 TAC §355.7001, concerning Telemedicine Services Reimbursement, without changes to the proposed text as published in the January 2, 2009, issue of the Texas Register (34 TexReg 11) and will not be republished.

Background and Justification

The Texas Medicaid program allows certain services to be provided via telemedicine. During a telemedicine visit, a distant site provider provides services to a patient who is located at another site (the patient site). A presenter at the patient site introduces the patient to the distant site provider for examination, and may assist in the telemedicine visit.

Senate Bill (SB) 24 and SB 760, 80th Legislature, Regular Session, 2007, direct HHSC to make policy changes to the Medicaid telemedicine program. SB 24 instructs HHSC to add office visits as an additional telemedicine service for which distant site providers may receive reimbursement. This bill also directs HHSC to either: (1) allocate reimbursement between the distant site provider and the patient site provider; or (2) establish a facility fee that the distant site provider is required to pay the patient site provider. SB 760 changes the Medicaid telemedicine terminology and directs HHSC to encourage all health-care providers and health-care facilities to provide services via telemedicine.

In order to implement SB 24 and SB 760, and further align Texas Medicaid telemedicine services with Medicare to reduce provider confusion, HHSC Rate Analysis adopts the new telemedicine reimbursement methodology rule at 1 TAC §355.7001 to correspond with the proposed new program policy rules at 1 TAC §354.1430 and 1 TAC §354.1432.

Comments

The 30-day comment period ended February 2, 2009. During this period, HHSC did not receive any comments regarding the proposed amendments to §355.7001.

SUBCHAPTER G. TELEMEDICINE SERVICES AND OTHER COMMUNITY-BASED SERVICES

1 TAC §355.7001

The repeal is adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas; and Texas Government Code §531.021(a), which provides HHSC the authority to propose and adopt rules governing the determination of Medicaid reimbursements.

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 24, 2009.

TRD-200901544

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Effective date: May 14, 2009

Proposal publication date: January 2, 2009

For further information, please call: (512) 424-6900


1 TAC §355.7001

The new rule is adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas; and Texas Government Code §531.021(a), which provides HHSC the authority to propose and adopt rules governing the determination of Medicaid reimbursements.

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 24, 2009.

TRD-200901545

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Effective date: May 14, 2009

Proposal publication date: January 2, 2009

For further information, please call: (512) 424-6900