TITLE 25. Health Services
Part II. Texas Department of Mental Health and Mental Retardation
Chapter 406. ICF/MR Programs, Reimbursement Methodology

Section 1 of House Bill No. 2913 of the 75th Legislative session amended §531.021 of the Government Code, designates the Texas Health and Human Services Commission [HHSC] as the agency responsible for administration of the Medicaid program. On September 1, 1997, HHSC also became responsible for adopting reasonable rules and standards to govern the setting of Medicaid rate, fees, and charges. Before this date, these functions were performed by three agencies: the Texas Department of Health [TDH], the Texas Department of Human Services [TDHS], and the Texas Department of Mental Health and Mental Retardation [TDMHMR].

Pending the adoption of rules by HHSC, sections of Title 25 of the Texas Administrative Code that were originally promulgated by TDMHMR be transferred to Chapter 355 of Title 1 of the Texas Administrative Code. These transfers ensure initial compliance with H.B. 2913, continuing reimbursement of Medicaid providers, and protection of the health and welfare of Medicaid recipients.

The last column of the table indicates those rules that have relevance to matters other than Medicaid rate setting and therefore should not be deleted from Title 25.

The rules remaining with TDMHMR that are rendered obsolete will be revised or repealed as appropriate in the future in accordance with 1 TAC §91.23(d). A schedule of the TDMHMR rules transfer is published in this issue under the Tables and Graphics Section. It lists rules that are transferred from Title 40 to Title 1 and those which, for the reason stated, should appear in both titles. The rules transfer is effective September 1, 1997.

The Texas Register is administratively transferring or duplicating the following rules listed in the conversion chart published in this issue under the Tables and Graphics Section. The table lists the old rule numbers and the new rule numbers that correspond to them.)

Figure 1 TAC Chapter 355

Chapter 409. General Reimbursement Methodology for Medical Assistance Programs

Section 1 of House Bill No. 2913 of the 75th Legislative session amended §531.021 of the Government Code, designates the Texas Health and Human Services Commission [HHSC] as the agency responsible for administration of the Medicaid program. On September 1, 1997, HHSC also became responsible for adopting reasonable rules and standards to govern the setting of Medicaid rate, fees, and charges. Before this date, these functions were performed by three agencies: the Texas Department of Health [TDH], the Texas Department of Human Services [TDHS], and the Texas Department of Mental Health and Mental Retardation [TDMHMR].

Pending the adoption of rules by HHSC, sections of Title 25 of the Texas Administrative Code that were originally promulgated by TDMHMR be transferred to Chapter 355 of Title 1 of the Texas Administrative Code. These transfers ensure initial compliance with H.B. 2913, continuing reimbursement of Medicaid providers, and protection of the health and welfare of Medicaid recipients.

The last column of the table indicates those rules that have relevance to matters other than Medicaid rate setting and therefore should not be deleted from Title 25.

The rules remaining with TDMHMR that are rendered obsolete will be revised or repealed as appropriate in the future in accordance with 1 TAC §91.23(d). A schedule of the TDMHMR rules transfer is published in this issue under the Tables and Graphics Section. It lists rules that are transferred from Title 40 to Title 1 and those which, for the reason stated, should appear in both titles. The rules transfer is effective September 1, 1997.

The Texas Register is administratively transferring or duplicating the following rules listed in the conversion chart published in this issue under the Tables and Graphics Section. The table lists the old rule numbers and the new rule numbers that correspond to them.)

Figure 1 TAC Chapter 355