Greta Rymal has determined that for each year of the first five years the sections are in effect, the anticipated public benefit of adopting the proposed rules is expanded opportunity for NFs to participate in the program and receive payments to incentivize quality improvements. Texas Medicaid NF clients will also experience better quality of care.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Government Code, §2007.043.

PUBLIC HEARING

HHSC will conduct a public hearing on October 19, 2018, at 9:00 a.m. to receive public comments on the proposal. The public hearing will be held in HHSC's Public Hearing Room in the Brown-Heatly Building located at 4900 N. Lamar Boulevard, Austin, Texas. Entry is through security at the main entrance of the building, which faces Lamar Boulevard. Free parking is available in front of the building and in the adjacent parking garage. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Rate Analysis by calling (512) 730-7401 at least 72 hours prior to the hearing so appropriate arrangements can be made.

HHSC will broadcast the public hearing; but it cannot accept testimony from persons watching remotely. The broadcast can be accessed at https://hhs.texas.gov/about-hhs/communications-events/live-archived-meetings,and it will be archived for access on demand at the same website.

PUBLIC COMMENT

Written comments on the proposal may be submitted in lieu of, or in addition to, oral testimony at the hearing, within 30 days of publication of this proposal in the Texas Register. Written comments may be sent by U.S. mail to the Health and Human Services Commission, Rate Analysis Department, H-400, P.O. Box 149030, Austin, Texas 78714-9030; by fax to Rate Analysis at (512)730-7475; or by e-mail to RAD-LTSS@hhsc.state.tx.us.

To be considered, comments must be submitted no later than 30 days after the date of this issue of the Texas Register. The last day to submit comments falls on a Sunday; therefore, comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) faxed or e-mailed by midnight on the last day of the comment period. When faxing or e-mailing comments, please indicate "Comments on Proposed Rule 18R035" in the subject line.

STATUTORY AUTHORITY

The amendment and new rules are proposed under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; Texas Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas; Texas Government Code §531.021(b), which establishes HHSC as the agency responsible for adopting reasonable rules governing the determination of fees, charges, and rates for Medicaid payments under Texas Human Resources Code, Chapter 32; and with Texas Government Code §533.002, which authorizes HHSC to implement the Medicaid managed care program.

The proposed amendment and new rules implement Texas Government Code, Chapter 531; Texas Government Code, Chapter 533; and Texas Human Resources Code, Chapter 32. No other statutes, articles, or codes are affected by this proposal.