TITLE 1. ADMINISTRATION
PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER
C.
The executive commissioner of the Texas Health and Human Services Commission (HHSC) adopts an amendment to §355.312, concerning Reimbursement Setting Methodology--Liability Insurance Costs.
Section 355.312 is adopted without changes to the proposed text as published in the May 16, 2025, issue of the Texas Register (50 TexReg 2883). This section will not be republished.
BACKGROUND AND JUSTIFICATION
The amendment is necessary to revise the methodology for liability insurance add-on rates for nursing facility providers. The amendment clarifies HHSC will pay the same add-on rate for providers who purchase general liability insurance without professional liability insurance, providers who purchase professional liability insurance without general liability insurance, and providers who purchase both general and professional liability insurance. This change ensures that HHSC is applying the appropriation uniformly across all nursing facility providers that carry liability insurance.
COMMENTS
The 31-day comment period ended on June 16, 2025.
During this period, HHSC did not receive any comments regarding the proposed rule.
STATUTORY AUTHORITY
The amendment is adopted under Texas Government Code §524.0151, which provides that the executive commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system, and Texas Human Resources Code §32.021 and Texas Government Code §532.0051(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas; Texas Government Code §532.0057(a), which establishes HHSC as the agency responsible for adopting reasonable rules governing the determination of fees, charges, and rates for medical assistance payments under the Texas Human Resources Code Chapter 32; and Texas Government Code §540.0051, which authorizes HHSC to implement the Medicaid managed care program.
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 September 3, 2025.
TRD-202503152
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: September 23, 2025
Proposal publication date: May 16, 2025
For further information, please call: (737) 867-7817