The Texas Health and Human Services Commission (HHSC) adopts amendments to §355.102, concerning General Principles of Allowable and Unallowable Costs; §355.103, concerning Specifications for Allowable and Unallowable Costs; §355.104, concerning Revenues; §355.111, concerning Administrative Contract Violations; §355.308, concerning Direct Care Staff Rate Component; §355.503, concerning Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs; §355.505, concerning Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program; §355.513, concerning Reimbursement Methodology for the Deaf-Blind with Multiple Disabilities Waiver Program; and §355.6907, concerning Reimbursement Methodology for Day Activity and Health Services. The amendments to §355.105, concerning General Reporting and Documentation Requirements, Methods, and Procedures, are adopted with changes to correct a punctuation issue to the proposed text as published in the August 22, 2014, issue of the Texas Register (39 TexReg 6308). The text of the rule will be republished. The amendments to §§355.102, 355.103, 355.104, 355.111, 355.308, 355.503, 355.505, 355.513, and 355.6907 are adopted without changes to the proposed text as published in the August 22, 2014, issue of the Texas Register (39 TexReg 6308) and will not be republished.

Background and Justification

HHSC, under its authority and responsibility to administer and implement rates, is adopting amendments to these rules to 1) change the capitalization threshold for assets from $2,500 to $5,000 and adjust the useful life for wheelchair lifts from four years to five years; 2) correct numbering to provide greater clarity; 3) modify cost report training requirements; 4) require providers to use the most current version of the document that defines estimated useful lives of assets; 5) update dates in examples to the current period; 6) delete obsolete language; 7) change the required release date for material pertinent to proposed reimbursements from ten working days before the public hearing to ten calendar days before the public hearing; 8) delete language detailing the contents of material pertinent to proposed reimbursements; and 9) change the compliance period for correcting an administrative contract violation.

Comments

The 30-day public comment period ended September 22, 2014. During this period, HHSC did not receive any public comments regarding the proposed amendments to these rules.

Statutory Authority

The amendments are adopted under Texas Government Code §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to carry out the Commission's duties; 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; and Texas Government Code §531.021(b), which provides HHSC with the authority to propose and adopt rules governing the determination of Medicaid reimbursements.