Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,006
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(B) if HHSC has determined that a specific program
will have significantly higher or lower average unemployment tax costs
than the average industry in Texas, the calendar year average effective
TUCA rate for the North American Industry Classification System code
or codes pertinent to that specific program, as calculated by TWC; or
(C) the rate of tax set by the Federal Unemployment Tax
Act; or
(D) the maximum credits against tax set by the Federal
Unemployment Tax Act.
(b) HHSC may recommend adjustments to reimbursement for
the reasons stated in subsection (a)(1) of this section at the earliest fea-
sible opportunity in order for the adjustment to become effective on the
effective date of the federal or state laws, rules, regulations, policies, or
guidelines. In the case of Medicaid state plan program reimbursements,
the adjustments will not be effective until after the federal requirements
for notice are met.
(c) HHSC may recommend adjustments to reimbursement
when federal or state funding is changed in ways that affect the
available funding for programs.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on August 31, 2021.
TRD-202103422
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Earliest possible date of adoption: October 17, 2021
For further information, please call: (512) 424-6637
4 4 4
SUBCHAPTER J. PURCHASED HEALTH
SERVICES
DIVISION 5. GENERAL ADMINISTRATION
1 TAC 355.8095
The Executive Commissioner of the Texas Health and Human
Services Commission (HHSC) proposes an amendment to
355.8095, concerning Medicaid Administrative Claiming Pro-
gram.
BACKGROUND AND PURPOSE
The purpose of the proposal is to allow Aging and Disability
Resource Centers (ADRCs) the opportunity to participate in the
Medicaid Administrative Claiming (MAC) program. MAC is a
joint federal-state funded program authorized by the Centers
for Medicare & Medicaid Services (CMS) which provides re-
imbursement for the costs of Medicaid administrative activities
that refer eligible or potentially eligible Medicaid recipients to
appropriate Medicaid and health-related services. HHSC serves
as a pass-through entity to administer these federal funds. MAC
in Texas currently provides funding for school districts, mental
health programs/programs serving individuals with intellectual
and developmental disabilities, local health departments/dis-
tricts, and early childhood intervention programs. Access to
this reimbursement opportunity allows ADRCs a mechanism to
better serve the healthcare needs of Medicaid beneficiaries.The rule change also amends a statement regarding costs al-
lowable for submission through a MAC claim to better reflect the
staff requirements for cost reporting, as per the CMS-approved
Time Study Implementation Guide.
SECTION-BY-SECTION SUMMARY
The proposed amendment to 355.8095(c)(2)(E) adds ADRCs
as an eligible provider type.
The proposed amendment to 355.8095(f)(2)(A) and (B) adds
the ADRC provider type and 355.8095(f)(2)(B)(iii) is amended
to better explain allowable costs related to administrative and
administrative support staff.
Minor edits are made to correct punctuation, capitalization, and
a department name, and an edit is made for consistency.
FISCAL NOTE
Trey Wood, Chief Financial Officer, has determined that for each
year of the first five years that the rule will be in effect, enforcing
or administering the rule has foreseeable implications relating
to costs of state government. HHSC anticipates there will be a
small administrative cost but lacks data at this time to provide an
estimate of the fiscal impact.
For each year of the first five years that the rule will be in effect,
enforcing or administering the rule has foreseeable implications
relating to costs of local government. HHSC anticipates there
will be an increase in revenue from federal MAC but, because of
the uncertainty of how many ADRCs will participate and at what
level, is unable to provide an estimate of the amount at this time.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the
amended rule will be in effect:
(1) the proposed rule will not create or eliminate a government
program;
(2) implementation of the proposed rule will not affect the number
of HHSC employee positions;
(3) implementation of the proposed rule will result in no assumed
change in future legislative appropriations;
(4) the proposed rule will not affect fees paid to HHSC;
(5) the proposed rule will not create a new rule;
(6) the proposed rule will not expand the existing rule;
(7) the proposed rule will increase the number of individuals sub-
ject to the rule; and
(8) HHSC has insufficient information to determine the proposed
rule's effect on the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COM-
MUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse
economic effect on smallabusinesses, micro-businesses, or ru-
ral communities. There are no anticipated adverse economic
effects on small businesses, micro-businesses, or rural commu-
nities as participation in the program is voluntary and places no
burden on small businesses, micro-businesses, or rural commu-
nities.
LOCAL EMPLOYMENT IMPACT
The proposed rule amendment will not affect a local economy.46 TexReg 6006 September 17, 2021 Texas Register
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/24/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.