(a) Only one entity in a Regional Healthcare Partnership
(RHP) may be an anchor.
(b) An entity may be an anchor if it meets the following
criteria:
(1) The anchor must be a governmental entity.
(2) If an RHP includes a public hospital, the anchor
must be a public hospital, except as described in paragraph (3) of
this subsection.
(3) If an RHP does not include a public hospital, or
if no public hospital wants to be an anchor, the anchor must be:
(A) a hospital district;
(B) a hospital authority;
(C) a county; or
(D) a state university with an academic health science
center.
(4) If a region cannot agree on an anchor, HHSC will
designate the anchor. HHSC will base its decision on criteria such
as ability to financially support necessary administrative activities,
prior relationships with other participants in the region, and history
of participating in community and regional activities outside of the
waiver.
(c) An anchor must:
(1) serve as the single point of contact with HHSC
for the RHP, except as specified in rule;
(2) facilitate transparent and inclusive meetings among
participants to discuss RHP activities;
(3) coordinate RHP activities to help ensure that participants
properly address both the needs of the region and the requirements
placed upon the RHP;
(4) develop the RHP needs assessment included in the
RHP plan;
(5) compile and submit the RHP plan to HHSC, as prescribed
by HHSC;
(6) prepare and submit an annual progress report on
behalf of the RHP, in accordance with HHSC requirements;
(7) ensure that all confidential information obtained
through its role as an anchor remains confidential as required by
state and federal laws and regulations;
(8) ensure that all waiver information provided to
it in its capacity as anchor is distributed to the RHP participants;
(9) post the most recent approved RHP plan and any
proposed RHP plan modifications to the RHP website; and
(10) meet all other requirements as specified in the
Program Funding and Mechanics Protocol.
(d) An anchor must not:
(1) request reimbursement from a Medicaid provider
for the discharge of the anchor's responsibilities, although an anchor
and other governmental entities within the RHP may agree to share
such costs;
(2) delegate decision-making responsibilities concerning
the interpretation of the waiver, HHSC policy, or actions or decisions
that involve the exercise of discretion or judgment;
(3) require any IGT entity to fund any project;
(4) require any participant to act as a performer in
any DSRIP project; or
(5) prevent or in any way prohibit the development
of a DSRIP project between an IGT entity and a performer.
(e) An anchor may delegate ministerial functions such
as data collection and reporting. Any entity to which ministerial
functions are delegated under this subchapter must comply with the
roles, responsibilities, and limitations of an anchor.
(f) In addition to any reimbursement received under §354.1634(e)
of this subchapter (relating to Waiver Pool Allocation), an anchor
may be reimbursed for the cost of its administrative duties conducted
on behalf of the RHP. The anchor must provide an intergovernmental
transfer to HHSC for the purpose of obtaining federal matching funds
in accordance with the Administrative Cost Claiming Protocol so that
it can be reimbursed for such costs. An anchor may not recover more
than the anchor's actual costs.
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