The Texas Health and Human Services Commission (HHSC) adopts an amendment to §355.105, concerning General Reporting and Documentation Requirements, Methods, and Procedures.

The amendment to §355.105 is adopted without changes to the proposed text as published in the September 9, 2022, issue of the Texas Register (47 TexReg 5379). This rule will not be republished.

BACKGROUND AND JUSTIFICATION

The amendment is necessary to allow for preliminary rate setting without a public hearing for non-discretionary items (e.g., Health Care Common Procedure Coding System (HCPCS) Updates, Indian Health Services (IHS), and the Medical Transportation Program (MTP)). These non-discretionary rates are published in the Federal Register or by the Texas Comptroller either on January 1 of each year or as deemed appropriate by the regulating entity. This rule amendment also corrects references to the HHSC Rate Analysis Department, now known as the HHSC Provider Finance Department.

COMMENTS

The 31-day comment period ended October 10, 2022. During this period, HHSC did not receive any comments regarding the proposed rule.

STATUTORY AUTHORITY

The amendment is adopted under Texas Government Code §531.033, which authorizes the Executive Commissioner of HHSC to adopt rules necessary to carry out HHSC's duties; Texas Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with authority to administer the federal medical assistance (Medicaid) program in Texas; and Texas Government Code §531.021(b-1), which establishes HHSC as the agency responsible for adopting reasonable rules governing the determination of fees, charges, and rates for medical assistance payments under the Texas Human Resources Code Chapter 32.