TITLE 1.ADMINISTRATION

Part 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION

Chapter 355. REIMBURSEMENT RATES

Subchapter A. COST DETERMINATION PROCESS

1 TAC §355.101, §355.107

The Texas Health and Human Services Commission (HHSC) proposes amendments to §355.101, concerning Introduction, and §355.107, concerning Notification of Exclusions and Adjustments.

Background and Justification

HHSC, under its authority and responsibility to administer and implement rates, proposes to amend these rules to adopt a formal definition for the term "line item" and eliminate a reference to auditors.

HHSC is implementing a web-based cost-reporting system, the State of Texas Automated Information and Reporting System (STAIRS), to replace its existing cost-reporting system. The current cost-reporting system identifies each data item by an item number, making it clear that the term "line item" refers to a numbered item on the cost report. STAIRS does not have item numbers. With the elimination of line item numbers under the STAIRS system, a definition of "line item" to accommodate both the current cost-reporting system and the new STAIRS system is needed to avoid confusion and misinterpretation.

Additionally, HHSC is modifying its cost report audit process to focus more audit resources on high-risk cost reports identified through various risk assessment procedures. The rule proposal deletes a reference to "auditors" since both audit and non-audit HHSC staff will now be finalizing cost report desk reviews.

Section-by-Section Summary

The proposed amendment to §355.101 adds a definition for "line item" in new paragraph (5) of subsection (b).

The proposed amendment to §355.107 deletes the term "auditors" from subsection (a) and makes several minor technical changes.

Fiscal Note

Gordon E. Taylor, Chief Financial Officer for the Department of Aging and Disability Services, has determined that during the first five-year period the amendments are in effect there will be no fiscal impact to state government. The amendments will not result in any fiscal implications for local health and human services agencies. There are no fiscal implications for local governments as a result of enforcing or administering the sections.

Small Business and Micro-business Impact Analysis

Pam McDonald, Director of Rate Analysis, has determined that there will be no economic effect on small businesses and micro-businesses as a result of enforcing or administering the amendments. The proposed amendments do not require any changes in practice or any additional cost to a contracted provider.

HHSC does not anticipate that there will be any economic cost to persons who are required to comply with these amendments. The amendments should not affect local employment.

Public Benefit

Pam McDonald has also determined that, for each of the first five years the amendments are in effect, the expected public benefit is that the rules will define what is meant by "line item" when the term is used in the subchapter and will clarify that reviews of cost reports may be completed by staff other than auditors.

Takings Impact Assessment

HHSC has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

Regulatory Analysis

HHSC has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Public Comment

Questions about the content of this proposal may be directed to Judy Myers in the HHSC Rate Analysis Department by telephone at (512) 491-1179. Written comments on the proposal may be submitted to Ms. Myers by fax to (512) 491-1998; by e-mail to judy.myers@hhsc.state.tx.us; or by mail to HHSC Rate Analysis, Mail Code H400, P.O. Box 85200, Austin, Texas, 78708-5200, within 30 days of publication of this proposal in the Texas Register.

Statutory Authority

The amendments are proposed under Texas Government Code §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to carry out the Commission's duties; 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 provides HHSC with the authority to propose and adopt rules governing the determination of Medicaid reimbursements.

The amendments affect Texas Government Code, Chapter 531 and Texas Human Resources Code, Chapter 32. No other statutes, articles, or codes are affected by this proposal.

§355.101.Introduction.

(a) The information in §355.102 of this title (relating to General Principles of Allowable and Unallowable Costs), §355.103 of this title (relating to Specifications for Allowable and Unallowable Costs), §355.104 of this title (relating to Revenues), and §355.105 of this title (relating to General Reporting and Documentation Requirements, Methods, and Procedures) applies to Intermediate Care Facilities for Persons with Mental Retardation, Home and Community-based Services, Service Coordination/Targeted Case Management, Rehabilitative Services, School Health and Related Services, and Texas Home Living programs cost reports pertaining to providers' fiscal years ending in calendar year 2004 and subsequent years. For all other programs these sections apply to cost reports pertaining to the providers' fiscal years ending in calendar year 1997 and subsequent years.

(b) The following terms, when used in this subchapter, have the following meanings:

(1) HHSC--The Texas Health and Human Services Commission.

(2) DHS--The Texas Department of Human Services or its successor agency.

(3) TDMHMR--The Texas Department of Mental Health and Mental Retardation or its successor agency.

(4) TEA--The Texas Education Agency or its successor agency.

(5) Line item--A specific informational, statistical, revenue or expense data element in a cost report.

(c) HHSC reimburses providers for contracted client services through reimbursement amounts determined as described in this chapter and in reimbursement methodologies for each program. Statewide, uniform reimbursements and reimbursement ceilings are approved by HHSC. Where reimbursements are contractor-specific, HHSC approves the reimbursement parameter dollar amounts, e.g., ceilings, floors, or program reimbursement formula limits. In approving reimbursement amounts HHSC takes into consideration staff recommendations based on the application of formulas and procedures described in this chapter and in reimbursement methodologies for each program. However, HHSC may adjust staff recommendations when HHSC deems such adjustments are warranted by particular circumstances likely to affect achievement of program objectives, including economic conditions and budgetary considerations. Methodology rules are developed and recommended for approval to HHSC. HHSC has oversight authority with respect to the state's reimbursement methodology and cost determination rules.

(1) Reimbursement amounts will be determined coincident with the state's biennium.

(2) Objective of cost determination process. The objective of the cost determination process is to define direct and indirect costs that are allowable and, therefore, may be considered for use in the overall reimbursement determination process. The cost determination process seeks to collect accurate financial and other statistical data that constitutes the foundation upon which reimbursements are determined.

(A) Cost-reporting. In order to ensure adequate financial and statistical information upon which to base reimbursement, HHSC requires that each contracted provider submit a periodic cost report or supplemental report. It is the responsibility of the provider to submit accurate and complete information, in accordance with all pertinent HHSC cost reporting rules and cost report instructions, on the cost report and any supplemental reports required by HHSC.

(B) Pro forma costing. When historical costs are unavailable, such as in the case of a new program, reimbursement may be based on a pro forma approach. This approach involves using historical costs of delivering similar services, where appropriate data are available, and estimating the basic types and costs of products and services necessary to deliver services meeting federal and state requirements.

(3) Relationship between cost determination and reimbursement determination processes. The cost determination process seeks to evaluate individual cost items of providers to determine their allowability and to determine whether individual cost reports are of reasonable accuracy for potential use in reimbursement determination. The reimbursement determination process takes the evaluation of allowable costs one step further by comparing allowable costs across providers to identify those levels of cost, either for individual cost items or groups of cost items, which must be incurred by efficient and economic providers of services meeting all state and federal standards. Thus, all costs allowed in the cost determination process may not necessarily be used in the reimbursement determination process. The basic objective of the reimbursement methodologies employed by HHSC is to facilitate and balance the broader objectives of the programs administered by the agencies by:

(A) promoting reasonable access for eligible clients to services that meet federal and state quality standards via contracting with an adequate number of qualified providers; and

(B) expending taxpayer dollars in a reasonable and prudent manner such that eligible clients are served at the lowest cost to taxpayers consistent with state and federal laws, standards and regulations, and with program objectives.

§355.107.Notification of Exclusions and Adjustments.

(a) The Texas Health and Human Services Commission (HHSC) notifies providers of exclusions and adjustments to reported expenses made during HHSC's desk reviews and field audits of cost reports. HHSC mails notices of desk-review exclusions and adjustments within 15 working days after finalization of the desk review [ desk-review ] by HHSC [ auditors ]. The notice consists of a letter to the provider and desk-review adjustment sheet(s), or an e-mail notification to the provider and online access to view the cost report adjustments, that specifies:

(1) the line items [ line-items ] on the cost report that have been adjusted or excluded;

(2) the amount of each adjustment or exclusion; and

(3) the principal reason for each adjustment or exclusion.

(b) HHSC also furnishes providers with written reports of the results of field audits. HHSC mails each field audit report within 30 days after the final exit interview with the provider. An exit interview is final when HHSC audit staff have received, reviewed, and analyzed all documentation from the provider pertinent to the scope of the audit. The field audit report consists of a professional report prepared by HHSC audit staff to enumerate the results of a field audit. Each field audit report includes a specification of:

(1) cost report line items [ line-items ] that have been adjusted or excluded;

(2) the amount of each adjustment or exclusion; and

(3) the principal reason for each adjustment or exclusion.

(c) A provider may also submit a written request for HHSC to provide additional information about exceptions and adjustments to the provider's cost report, including citations of the laws or regulations that constitute the grounds for the exceptions and adjustments. HHSC must comply with such requests in writing within 30 calendar days.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 23, 2012.

TRD-201200282

Steve Aragon

General Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: March 4, 2012

For further information, please call: (512) 424-6576


Chapter 372. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAMS

The Texas Health and Human Services Commission (HHSC) proposes amendments to §372.107, concerning persons excluded from a Temporary Assistance for Needy Families (TANF) certified group, and §372.1402, concerning changes a Supplemental Nutrition Assistance Program (SNAP) household must report.

Background and Justification

The amendments are proposed to correct outdated rule references and to reflect current federal regulations and HHSC policy.

The proposed amendment to §372.107 corrects two cross-references to §372.501, concerning disqualifications due to criminal activity. An amendment to §372.501, effective April 24, 2011, affected two cross-references in §372.107. The proposed amendment will update the cross-references.

Federal rule (Title 7, Code of Federal Regulations (CFR) §273.12) requires a household receiving SNAP food benefits to promptly report a change in residence and any change in the household's shelter costs resulting from the change in residence, if the household does not have simplified reporting status. Shelter costs include expenses such as rent, house payments, taxes, insurance, and utilities. "Simplified reporting status" means a household meets the criteria for reporting certain changes less frequently than a household that does not meet the criteria.

The U.S. Department of Agriculture, Food and Nutrition Service (FNS), previously had given HHSC waivers from two reporting requirements in 7 CFR §273.12: (1) HHSC could require all households, even those with simplified reporting status, to promptly report a change in residence; and (2) HHSC could exempt all households, even those without simplified reporting status, from reporting shelter cost changes when they move. HHSC's current rule at §372.1402 reflects these FNS waivers.

FNS recently approved HHSC's request to continue requiring all households, even those with simplified reporting status, to promptly report a change in residence. However, FNS declined to renew HHSC's request to exempt all households, even those without simplified reporting status, from reporting shelter cost changes when they move. Therefore, to be in compliance with federal regulations, HHSC must amend §372.1402 to remove the exemption for SNAP households without simplified reporting status from reporting shelter cost changes.

Section-by-Section Summary

The proposed amendment to §372.107(3) changes rule cross-references in subparagraph (G) from §372.501(1) to §372.501(a)(1), and in subparagraph (H) from §372.501(2) to §372.501(a)(2).

The proposed amendment to §372.1402 deletes the provision in subsection (a)(1) that households are not required to report changes in shelter costs and states that the only exception to federal change reporting requirements in 7 CFR §273.12 is that SNAP households with simplified reporting status must report changes in their resident address.

Fiscal Note

Greta Rymal, Deputy Executive Commissioner for Financial Services, has determined that, for the first five years the proposed amendments are in effect, enforcing or administering the amendments does not have foreseeable implications relating to costs or revenues of state or local governments.

There might be an economic cost to persons who are required to comply with the proposed rules. A household that does not comply with the proposed amendment to §372.1402 and does not report new shelter costs related to a change in residence might see a reduction in the amount of their SNAP food benefits, because the household's budget would be recalculated without using the shelter deduction.

There is no anticipated negative impact on local employment.

Small Business and Micro-business Impact Analysis

Ms. Rymal has also determined that there will be no effect on small businesses or micro-businesses to comply with the proposal, because the amendments apply only to households receiving TANF or SNAP food benefits and not to businesses.

Public Benefit

Stephanie Muth, Deputy Executive Commissioner for Social Services, has determined that, for each year of the first five years the amendments are in effect, the anticipated public benefit expected as a result of enforcing the amendments is that the rules will provide correct cross-references for the public and will reflect the current federal regulation and HHSC's current waiver from the regulation on change reporting for SNAP households.

Regulatory Analysis

HHSC has determined that this proposal is not a "major environmental rule" as defined by §2001.0225 of the Texas Government Code. "Major environmental rule" is defined to mean a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

Takings Impact Assessment

HHSC has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Texas Government Code.

Public Comment

Written comments on the proposal may be submitted to Lisa Bartels, Health and Human Services Commission, Office of Family Services, MC-2039, 909 West 45th Street, Austin, Texas 78751, or by e-mail to lisa.bartels@hhsc.state.tx.us, within 30 days after publication of this proposal in the Texas Register.

Subchapter B. ELIGIBILITY

1. TANF CERTIFIED GROUPS

1 TAC §372.107

Statutory Authority

The amendment is proposed under Texas Government Code §531.0055, which provides the Executive Commissioner of HHSC with rulemaking authority; and Texas Human Resources Code §31.001, which authorizes HHSC to administer financial assistance programs (TANF).

The amendment affects Texas Government Code, Chapter 531 and Texas Human Resources Code, Chapter 31. No other statutes, articles, or codes are affected by this proposal.

§372.107.Excluded TANF Certified Group Members.

The Texas Health and Human Services Commission (HHSC) excludes from the TANF certified group:

(1) an authorized representative, payee, or protective payee;

(2) a recipient of Supplemental Security Income (SSI), foster care, or adoption subsidy payments; and

(3) a person disqualified from receiving TANF benefits or ineligible to receive TANF benefits, because HHSC determines the person:

(A) does not meet an eligibility requirement relating to the person's:

(i) age (because, for example, the person does not meet the definition of a child);

(ii) citizenship as explained in Division 3 of this subchapter (relating to Citizenship);

(iii) residency as explained in Division 4 of this subchapter (relating to Residency);

(iv) domicile as explained in Division 5 of this subchapter (relating to Domicile); or

(v) relationship status (because, for example, the person is not within the degree of relationship required by §372.108 of this division (relating to Relationship Requirement));

(B) committed an intentional TANF program violation as described in §357.562(b) of this title (relating to Determination and Disposition of Intentional Program Violations);

(C) failed to comply with §372.1101 of this chapter (relating to Social Security Number Requirements);

(D) failed to comply with Subchapter E, Division 5 of this chapter (relating to Third-party Resources);

(E) has exhausted the time limits for receiving TANF benefits under Division 8 of this subchapter (relating to Time Limits);

(F) failed to comply with §372.1401 of this chapter (relating to Changes a TANF Household Must Report);

(G) is a fugitive as explained in §372.501(a)(1) [ §372.501(1) ] of this subchapter (relating to Disqualifications Due to Criminal Activity); or

(H) has been convicted of a felony drug offense as explained in §372.501(a)(2) [ §372.501(2) ] of this subchapter.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 23, 2012.

TRD-201200281

Steve Aragon

General Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: March 4, 2012

For further information, please call: (512) 424-6576


Subchapter E. PARTICIPATION REQUIREMENTS

7. REPORTING CHANGES

1 TAC §372.1402

Statutory Authority

The amendment is proposed under Texas Government Code §531.0055, which provides the Executive Commissioner of HHSC with rulemaking authority; and Texas Human Resources Code §33.0006, which authorizes HHSC to operate the food stamp program (SNAP).

The amendment affects Texas Government Code, Chapter 531 and Texas Human Resources Code, Chapter 33. No other statutes, articles, or codes are affected by this proposal.

§372.1402.Changes a SNAP Household Must Report.

(a) A SNAP household must report changes as explained in 7 CFR §273.12, except SNAP households with simplified reporting status must also report changes in their resident address. [ : ]

[(1) households are not required to report changes in shelter costs; and]

[(2) all households must report changes in their resident address.]

(b) This section does not apply to a participant in the SNAP-Combined Application Project (SNAP-CAP), as explained in §372.655 of this chapter (relating to Reporting Changes).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on January 23, 2012.

TRD-201200280

Steve Aragon

General Counsel

Texas Health and Human Services Commission

Earliest possible date of adoption: March 4, 2012

For further information, please call: (512) 424-6576