The Texas Health and Human Services Commission (HHSC) adopts amendments to §355.102, concerning General Principles of Allowable and Unallowable Costs, §355.105, concerning General Reporting and Documentation Requirements, Methods, and Procedures, §355.112, concerning Attendant Compensation Rate Enhancement, and §355.306, concerning Cost Finding Methodology. The amendments are adopted without changes to the proposed text as published in the October 19, 2018, issue of the Texas Register (43 TexReg 6911), and therefore will not be republished.

Due to a publication error in the October 19, 2018, issue of the Texas Register, the text of what should have been §355.112(h)(2)(B), was inadvertently deleted. The text of old subparagraph §355.112(h)(2)(C) should have remained unchanged and become the text for §355.112(h)(2)(B). A Correction of Error was published in the December 14, 2018, issue of the Texas Register (43 TexReg 8173).

BACKGROUND AND JUSTIFICATION

These rule amendments are necessary for consistency and efficiency of cost report training requirements, include a technical correction to the cost determination process for Integrated Care Management (ICM) because the ICM program no longer exists, and update cost report submission requirements from every year to every other year for certain providers.

Senate Bill 547, 85th Legislature, Regular Session, 2017, required the HHSC Executive Commissioner to establish rules in order to implement the delivery of nonresidential services by state-operated Intermediate Care Facilities for Individuals with an Intellectual Disability or Related Conditions (ICF/IID). These rule changes allow HHSC to use cost allocation methods beyond those identified in the current rules for cost reporting purposes by State Supported Living Centers (SSLCs) and Bond Homes. These amendments allow flexibility in the reporting of expenses by SSLCs and Bond Homes in order to ensure the most accurate representation of the SSLCs' and Bond Homes' costs to deliver the nonresidential services.

COMMENTS

The 30-day comment period ended November 19, 2018.

During this period, HHSC did not receive any comments regarding the proposed rules.

ADDITIONAL INFORMATION

For further information, please call: (512) 424-6637.

STATUTORY AUTHORITY

The amendments are adopted under Texas Government Code §531.033, which provides the HHSC Executive Commissioner 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; and 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.