Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 355. REIMBURSEMENT RATES
Subchapter C. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES
The Texas Health and Human Services Commission (HHSC) adopts new §355.313, concerning the Reimbursement Methodology for Rehabilitative and Specialized Services, in its Reimbursement Rates Chapter, without changes to the proposed text as published in the November 9, 2007, issue of the Texas Register and will not be republished (32 TexReg 8072).
Background and Justification
In order for the Health and Human Services Commission (HHSC) to update nursing facility rehabilitative and specialized services rates, revisions need to be made to the applicable reimbursement methodology rules. Currently, both program and reimbursement rules are included in the same rule at the Department of Aging and Disability Services (DADS) at 40 Texas Administrative Code (TAC) §19.1306, Payment for Specialized and Rehabilitative Services. Therefore, reimbursement rule language is being removed from 40 TAC §19.1306, Payment for Specialized and Rehabilitative Services and a new reimbursement rule is being proposed in the HHSC rules at 1 TAC §355.313, Reimbursement Methodology for Rehabilitative and Specialized Services. HHSC is the agency responsible for the development of reimbursement rates and rules for these services. DADS is responsible for updating program-related rules. DADS program staff will amend the current program rules to repeal the reimbursement-related language in 40 TAC §19.1306.
Comments
The 30-day comment period ended December 9, 2007, and HHSC did not receive any comments to the proposed rule.
The new rule is adopted under the Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; the Human Resources Code §32.021, and the Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas; and the Texas Government Code §531.021(b), which provides HHSC with 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 December 31, 2007.
TRD-200706646
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Effective date: January 20, 2008
Proposal publication date: November 9, 2007
For further information, please call: (512) 424-6900