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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 355REIMBURSEMENT RATES
SUBCHAPTER JPURCHASED HEALTH SERVICES
DIVISION 14FEDERALLY QUALIFIED HEALTH CENTER SERVICES
RULE §355.8261Federally Qualified Health Center Services Reimbursement

  (4) The effective rate for APPS - The effective rate is the rate paid to the FQHC for the FQHC's fiscal year. The effective rate shall be updated by the rate of change in the MEI plus (0.5) percent for each of the FQHC's fiscal years since the setting of its final base rate. If the increase in an FQHC's costs is greater than the MEI plus (0.5) percent for APPS, an FQHC may request an adjustment of its effective rate as described in paragraph (6) of this subsection. The effective rate shall be calculated at the start of each FQHC's fiscal year and shall be applied prospectively for that fiscal year. The effective rate for PPS is described in subsection (a)(1) of this section.

  (5) PPS and APPS reimbursement methodology selection is determined as follows:

    (A) Each new in-state FQHC will receive a letter from HHSC upon enrollment as a new provider along with the Federally Qualified Health Centers (FQHC) Prospective Payment System Form. This form must be signed by an authorized representative and returned to HHSC within thirty (30) days of the enrollment letter date. The form must indicate the selection as either the PPS or APPS reimbursement methodology. If HHSC does not receive the form within the specified time requirement, HHSC will select the PPS reimbursement methodology for this provider. For a provider that fails to return the form selecting the APPS reimbursement methodology, the provider may submit a written request along with the Federally Qualified Health Centers (FQHC) Prospective Payment System Form selecting the APPS reimbursement methodology. Upon approval by HHSC, the new selection will be effective the first day of the provider's next fiscal year.

    (B) Each out-of-state FQHCs will receive the PPS reimbursement methodology. Out-of-state FQHCs may not select the APPS reimbursement methodology. HHSC will compute an effective rate based on reasonable costs provided by the FQHC on its most recent Medicare cost report, pursuant to paragraph (8)(A) and (B) of this subsection. The effective rate will reflect the rate that would have been calculated for an in-state FQHC based on the approved scope of services that an in-state FQHC could provide in Texas.

    (C) When HHSC makes a change to the PPS or APPS reimbursement methodology, HHSC may require FQHCs to reselect the PPS or APPS reimbursement methodology, in accordance with the requirements of subparagraph (A) of this paragraph.

  (6) A change of the effective rate is determined as follows:

    (A) An adjustment, as described in paragraph (10)(C) of this subsection, will be made to the effective rate if the FQHC can show that it is operating in an efficient manner as defined in paragraph (7)(B) of this subsection, or show that the adjustment is warranted due to a change in scope as defined in paragraph (7)(A) of this subsection.

    (B) HHSC also may adjust the effective rate of an FQHC on its own initiative, in accordance with paragraph (10)(D) of this subsection, if it is determined that a change of scope has occurred and an adjustment to the effective rate as defined in paragraph (7) of this subsection is warranted based on the audit of the cost report described in paragraph (8)(C) of this subsection.

  (7) Any request to adjust an effective rate must be accompanied by documentation showing that the FQHC is operating in an efficient manner or that it has had a change in scope. A change in scope provided by an FQHC includes the addition or deletion of a service or a change in the magnitude, intensity or character of services currently offered by an FQHC or one of the FQHC's sites.

    (A) A change in scope includes:

      (i) an increase in service intensity attributable to changes in the types of patients served, including but not limited to, patients with HIV/AIDS, the homeless, the elderly, migrants, those with other chronic diseases or special populations;

      (ii) any changes in services or provider mix provided by an FQHC or one of its sites;

      (iii) changes in operating costs that have occurred during the fiscal year and which are attributable to capital expenditures, including new service facilities or regulatory compliance;

      (iv) changes in operating costs attributable to changes in technology or medical practices at the FQHC;

      (v) indirect medical education adjustments and a direct graduate medical education payment that reflects the costs of providing teaching services to interns and residents; or

      (vi) any changes in scope approved by the Health Resources and Service Administration (HRSA).

    (B) Operating in an efficient manner includes:

      (i) showing that the FQHC has implemented an outcome-based delivery system that includes prevention and chronic disease management. Prevention includes, but is not limited to, programs such as immunizations and medical screens. Disease Management must include, but not be limited to, programs such as those for diabetes, cardiovascular conditions, and asthma that can demonstrate an overall improvement in patient outcome;

      (ii) paying employees' salaries that do not exceed the rates of payment for similar positions in the area, taking into account experience and training as determined by the Texas Workforce Commission;

      (iii) providing fringe benefits to its employees that do not exceed fifteen percent (15%) of the FQHC's total costs;

      (iv) implementing cost saving measures for its pharmacy and medical supplies expenditures by engaging in group purchasing; and

      (v) employing the Medicare concept of a "prudent buyer" in purchasing its contracted medical services.

  (8) Cost report forms and worksheets are required as follows:

    (A) As-Filed Medicare Cost Report. The As-Filed Medicare Cost Report includes:

      (i) CMS form 222-92 Independent Rural Health Clinic/Freestanding and Federally Qualified Health Center Worksheet, including the HCFA 339 Form.

        (I) Worksheet S part 1 - Statistical Data;

        (II) Worksheet S part 2 - Certification By Officer or Administrator;

        (III) Worksheet S part 3 - Statistical Data for Clinics Filing Under Consolidated Cost Reporting;

        (IV) Worksheet A page 1 - Reclassification and Adjustment of Trial Balance of Expenses;

        (V) Worksheet A page 2 - Reclassification and Adjustment of Trial Balance of Expenses;

        (VI) Worksheet A-1 - Reclassifications;

        (VII) Worksheet A-2 - Adjustments to Expenses;

        (VIII) Worksheet A-2-1, Parts I to III - Statement of Cost of Services from Related Organizations;

        (IX) Worksheet B part I and II - Visits and Overhead Cost for RHC/FQHC Services; and

        (X) Worksheet C part I and II - Determination of Medicare Reimbursement.

      (ii) Texas Medicaid Supplemental Worksheets.

        (I) Determination of FQHC Cost Based Rate;

        (II) Exhibit 1 - Determination of FQHC Medicaid Reimbursable Cost - Rate Worksheet;

        (III) Exhibit 2 - Visit Reconciliation - Employed Providers; and

        (IV) Exhibit 3 - Visit Reconciliation - Contract Service Providers.

      (iii) Trial Balance with account titles. If the provider's Trial Balance has only account numbers, a Chart of Accounts will need to accompany the Trial Balance.

      (iv) A mapping of the Trial Balance that shows the tracing of each Trial Balance account to a line and column on Worksheet A pages 1 and 2.

      (v) Documentation supporting the provider's reclassification and adjustment entries.

      (vi) A Schedule of Depreciation of depreciable assets.

      (vii) A listing of all satellites, if applicable.

      (viii) Federal Grant Award notices or changes in scope approved by HRSA.

      (ix) All items must be complete and accurate.

    (B) Final Audited Medicare Cost Report. In-state providers must file the final audited cost report received from Medicare, as required in paragraph (9) of this subsection. The final audited Medicare cost report includes:

      (i) A copy of the final audited CMS form 222-92 Independent Rural Health Clinic/Freestanding and Federally Qualified Health Center Worksheets, including the HCFA 339 Form filed with Medicare.

      (ii) Texas Medicaid Supplemental Worksheets.

        (I) Determination of FQHC Cost Based Rate;

        (II) Exhibit 1 - Determination of FQHC Medicaid Reimbursable Cost - Rate Worksheet;

        (III) Exhibit 2 - Visit Reconciliation - Employed Providers; and

Cont'd...

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