Texas Register, Volume 43, Number 42, Pages 6905-7010, October 19, 2018 Page: 6,911
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PROPOSED
Proposed rules include new rules, amendments to existing rules, and repeals of existing rules.
ULES A state agency shall give at least 30 days' notice of its intention to adopt a rule before it
adopts the rule. A state agency shall give all interested persons a reasonable opportunity to
submit data, views, or arguments, orally or in writing (Government Code, Chapter 2001).
Symbols in proposed rule text. Proposed new language is indicated by underlined text. [S]
indicate existing rule text that is proposed for deletion. "(No change)" indicates that existing rule text at this level will not be
amended.TITLE 1. ADMINISTRATION
PART 15. TEXAS HEALTH AND
HUMAN SERVICES COMMISSION
CHAPTER 355. REIMBURSEMENT RATES
The Texas Health and Human Services Commission (HHSC)
proposes amendments to 355.102, concerning General Prin-
ciples of Allowable and Unallowable Costs, 355.105, concern-
ing General Reporting and Documentation Requirements, Meth-
ods, and Procedures, 355.112, concerning Attendant Compen-
sation Rate Enhancement, and 355.306, concerning Cost Find-
ing Methodology.
Background and Purpose
Cost Report Training Requirements
HHSC is extending its Long-term Services and Supports (LTSS)
cost report reform initiative by requiring preparers of most LTSS
cost reports and accountability reports to attend state-spon-
sored cost report training in the same year that a cost report is
required to be submitted to HHSC. Currently, the rule requires
preparers of LTSS cost reports to attend cost report training
for the odd-year cost report. This rule amendment will require
preparers of LTSS cost reports and accountability reports to
attend training on a schedule that is related to their cost re-
porting deadlines. HHSC will begin collecting cost reports from
most LTSS providers on a biennial rather than an annual basis.
These changes will be accomplished by reorganizing the rule,
including the subparagraphs that relate to School Health and
Related Services (SHARS)hproviders.aThere are no substantive
changes to the SHARS cost report, Department of Family
Protective Services (DFPS) 24-hour Residential Child Care
program, and the Deaf-Blind with Multiple Disabilities (DBMD)
training requirements.
Cost Allocation Methods for State Supported Living Centers and
Bond Homes
In response to Senate Bill 547 (85th Legislature, Regular Ses-
sion, 2017), which requires the HHSC Executive Commissioner
to establish rules in order to implement the delivery of nonres-
idential services by state-operated Intermediate Care Facilities
for Individuals with an Intellectual Disability or Related Condi-
tions (ICF/IID), HHSC would allow the use of cost allocation
methods beyond those currently identified in the rule for cost
reporting purposes by State Supported Living Centers (SSLCs)
and Bond Homes. This rule amendment will 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.
Technical Correction to Cost Determination ProcessHHSC plans to remove all references to Integrated Care
Management (ICM-HCSS) and Integrated Care Management
Assisted Living/Residential Care (ICM AL/RC) programs by
amending the Cost Determination Process rules. The ICM
program no longer exists.
Cost Report Submission Requirements
HHSC is extending its LTSS cost report reform initiative by
requiring providers to submit cost reports on a biennial basis.
Primary Home Care (PHC), Day Activity and Health Services
(DAHS), and Community Living Assistance and Support Ser-
vices (CLASS)--Direct Service Agency (DSA) and CLASS Case
Management Agency (CPA) providers will be required to submit
cost reports to HHSC's Rate Analysis Department in odd-num-
bered years. Nursing Facility (NF) and Residential Care (RC)
providers will be required to submit cost reports in even years.
NF providers who are members of the Pediatric Care Facility
class and DFPS 24-Hour Residential Child Care (24-HR RCC)
providers will be required to submit their cost reports every
year. HHSC is also changing the NF cost finding methodology
to comply with proposed changes to the cost report submission
requirements.
Section-by-Section Summary
The proposed amendment of 355.102(d) adds "and account-
ability" to the title of the subsection and deletes the specific train-
ing requirements for new preparers. The proposed amendment
also states that preparers that participate in cost report training
may be assessed a convenience fee and that convenience fees
are allowable costs. A statement that "applicable federal and
state accessibility standards apply to cost report training" has
been moved to this subsection from subsequent subparagraphs.
The proposed amendment of 355.102(d)(1) revises the training
requirements for new preparers of cost reports and/or account-
ability reports. These changes alter the training requirements for
all programs except for SHARS.
The proposed amendment of 355.102(d)(2) replaces lan-
guage about completion certificates with language previously
in 355.102(d)(3)-(5) that outlines the consequences of failing
to complete the required cost report or accountability report
training.
The proposed amendment of 355.102(g)(2) defines acronyms
used in the paragraph and referred to later in the section.
The proposed amendment of 355.102(j) adds a new subpara-
graph (E) to allow SSLCs and Bond Homes to use allocation
methods other than the ones designated in the rule as long as
the allocation method adheres to Generally Accepted Account-
ing Principles. The proposed amendment also uses acronyms
previously defined in 355.102(g)(2).PROPOSED RULES October 19, 2018 43 TexReg 6911
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Texas. Secretary of State. Texas Register, Volume 43, Number 42, Pages 6905-7010, October 19, 2018, periodical, October 19, 2018; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1092570/m1/7/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.