TITLE 1. ADMINISTRATION

PART 10. DEPARTMENT OF INFORMATION RESOURCES

CHAPTER 201. GENERAL ADMINISTRATION

1 TAC §201.4, §201.9

The Texas Department of Information Resources (department) adopts the amendments to 1 TAC Chapter 201, §201.4 and §201.9, concerning General Administration without changes to the proposal as published in the March 17, 2017, issue of the Texas Register (40 TexReg 5577) to ensure the rules accurately reflect the department’s policies and procedures. The department published a formal notice of rule review in the Texas Register. Review of the sections implements Texas Government Code, §2001.039.

In 1 TAC 201.4, the Department adopts an amendment to require agency employees and officials involved in procurement or contract management to disclose potential conflicts of interest with respect to contracts with private vendors; prohibit the department from entering into contracts with vendors with whom certain department employees or officials have a financial interest; and defines the prohibited financial interest.

In 1 TAC 201.9, the Department adopts correcting a technical error, replacing commission with board.

The changes to the chapter apply to DIR and will have no effect on state agencies and institutions of higher education. The assessment of the impact of the proposed changes on institutions of higher education was prepared in consultation with the Information Technology Council for Higher Education (ITCHE) in compliance with §2054.121(c), Texas Government Code.

No comments were received as a result of that notice.

The amendments to existing rule are adopted pursuant to §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054, Texas Government Code; 2255.01, Texas Government Code, which authorizes state agencies to develop rules; and §2001.021(b), Texas Government Code, which authorizes state agencies to, by rule, prescribe the form of a petition under the section.

No other code, article or statute is affected by this adoption.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 5, 2017.

TRD-201702179

Martin Zelinsky

General Counsel

Department of Information Resources

Effective date: June 25, 2017

Proposal publication date: March 17, 2017

For further information, please call: (512) 936-7577


PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

CHAPTER 355. REIMBURSEMENT RATES

SUBCHAPTER C. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES

1 TAC §355.308

ADOPTION PREAMBLE

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §355.308, concerning Direct Care Staff Rate Component, without changes to the proposed text as published in the March 17, 2017, issue of the Texas Register (42 TexReg 1210). The rule text will not be republished.

BACKGROUND AND JUSTIFICATION

Section 355.308 outlines procedures for the Nursing Facility Direct Care Staff Enhancement program. The Direct Care Staff Enhancement program is an optional program that offers contracted nursing facility providers the option to receive increased payments if they meet certain staffing and spending requirements. HHSC offers providers the opportunity annually to enroll in the program. As amended, the rule requires HHSC to notify providers of open enrollment by electronic mail (e-mail) to an authorized representative per the signature authority designation form applicable to the provider's contract or ownership type. Providers will also be notified by e-mail if open enrollment has been postponed or cancelled.

During the open enrollment period, providers who have never been participants in the enhancement program, or who are current or prior participants who have met the spending requirements outlined in §355.308(o), may request enrollment at any level. Providers who are current or prior participants who did not meet the staffing and spending requirements are limited to a certain level of participation in the next rate year and may be subject to recoupment.

Contracted providers who are subject to an enrollment limitation may request revision of their enrollment limitation, and the request may result in a change to or elimination of the enrollment limitation.

Likewise, contracted providers who are subject to recoupment are allowed to request that HHSC recalculate the recoupment by combining the cost data on multiple reports.

Beginning with the cost reports collected for the 2015 cost report period, HHSC Rate Analysis began using a new data collection system, the State of Texas Automated Information Reporting System (STAIRS). The rule as amended allows HHSC to use STAIRS to notify contracted providers of any enrollment limitations and/or any estimated recoupments. This amendment also allows contracted providers to submit requests for revisions of enrollment limitations or recalculations of recoupments by e-mail. As a result of these changes, costs and staff time will be reduced and contracted providers will have more options to request revisions of enrollment limitations and recalculations of recoupments.

COMMENTS

The 30-day comment period ended April 17, 2017. During this period, HHSC did not receive any comments regarding adoption of the amendment.

STATUTORY AUTHORITY

The amendment is adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; Texas 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(b), which establishes HHSC as the agency responsible for adopting reasonable rules governing the determination of fees, charges, and rates for Medicaid payments under the Texas Human Resources Code, Chapter 32.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 8, 2017.

TRD-201702250

Karen Ray

Chief Counsel

Texas Health and Human Services Commission

Effective date: July 1, 2017

Proposal publication date: March 17, 2017

For further information, please call: (512) 707-6079