Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 10, 2004, to receive public comment on proposed payment rates for the Residential Care (RC) Program. This program is operated by the Texas Department of Human Services (DHS). These payment rates are proposed to be effective March 1, 2004. The hearing will be held in compliance with Title 40 of the Texas Administrative Code (TAC) §20.105(g), which requires public hearings on proposed payment rates. The public hearing will be held on February 10, 2004, at 9:00 a.m. in the Public Hearing Room of the Braker Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. The hearing may conclude as early as 9:15 a.m. if no commenters have appeared by that time. Written comments regarding payment rates may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101. Express mail can be sent, or written comments can be hand delivered, to Mr. Arreola, HHSC Rate Analysis, MC H-400, Braker Center Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Mr. Arreola at (512) 491-1998. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101, telephone number (512) 491-1358.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Tony Arreola, HHSC Rate Analysis, MC H-400, 1100 West 49th Street, Austin, Texas 78756-3101, telephone number (512) 491-1358, by February 4, 2004, so that appropriate arrangements can be made.

Proposal. The proposed payment rates adjust for the increase in the Supplemental Security Income (SSI) Federal Benefit Rate, which clients began receiving effective January 1, 2004. The effect of this proposal is that the clients will use the increase in their SSI Federal Benefit Rate amount to increase their room-and-board payment, thereby covering a greater share of the rate and reducing the DHS share of the rate. The total payment to the provider of service will not change and there are no adjustments to the rates due to inflation.

Methodology and justification. The proposed rates were determined in accordance with the rate reimbursement setting methodology at 40 TAC §46.27(c) for the RC Program.

TRD-200400198

Steve Aragón

General Counsel

Texas Health and Human Services Commission

Filed: January 13, 2004