<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 354MEDICAID HEALTH SERVICES
SUBCHAPTER APURCHASED HEALTH SERVICES
DIVISION 3MEDICAID HOME HEALTH SERVICES
RULE §354.1043Competitive Procurement of Durable Medical Equipment (DME) and Supplies

The Texas Department of Health (department) may establish a process for procuring DME and supplies that encourages competition and results in savings to the department.

  (1) The categories or individual types of DME and supplies which the department may procure through a competitive process will be determined by the department using the following criteria:

    (A) the DME or supplies are used by recipients in sufficient quantities to encourage the competitive process and be cost effective for the department;

    (B) the DME or supplies can be timely, safely, and effectively dispensed or provided by a prime vendor or contractor with a physician's prescription or order:

      (i) without the necessity of fitting or instruction on its use; or

      (ii) fitting and instruction can be provided by the prime vendor or contractor in compliance with department criteria;

    (C) dispensing or providing the DME or supplies through a prime vendor or contractor will not limit or impair the accessibility and availability of the DME or supplies to the recipients requiring the DME or supplies;

    (D) dispensing or providing the DME or supplies through a prime vendor or contractor will not result in the recipients receiving those DME or supplies in an unusable condition; and

    (E) acquiring the DME or supplies through a prime vendor or contractor using a competitive process will result in cost savings to the department.

  (2) The department may limit the number of providers with whom it will contract using the following criteria:

    (A) all providers must submit a complete response to each section of the department's procurement offer which will be used to evaluate provider qualifications, DME and supplies specifications, accessibility and pricing provisions. Providers who fail to submit complete responses will be excluded from evaluation and consideration;

    (B) the number of providers may be limited to only the number required to ensure statewide accessibility to the DME and supplies being procured; and

    (C) the number of qualified providers will be limited to those providers who submit competitive responses which will result in savings to the department.


Source Note: The provisions of this §354.1043 adopted to be effective August 20, 1998, 23 TexReg 8440; transferred effective September 1, 2001, as published in the Texas Register May 24, 2002, 27 TexReg 4561

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page