Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009 Page: 5,457
5445-5614 p. ; 28 cm.View a full description of this periodical.
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Small Business and Micro-business Impact Analysis
Ms. Pharr, as required by Government Code 2006.002, Agency
Actions Affecting Small Businesses, Adoption of Rules with Ad-
verse Economic Effect, has also determined that the proposed
rule will not have an adverse economic effect on small or mi-
cro-businesses. The program does not impose a regulatory bur-
den on businesses of any size. There will be an "open enroll-
ment" process for providers who wish to participate in the pro-
gram. Any qualified provider may participate. Information about
the program, including reimbursement rates, will be made avail-
able to the public prior to the enrollment process. There are no
anticipated economic costs to persons who are required to com-
ply with the section as proposed. There is no anticipated nega-
tive impact on local employment.
Public Benefit
Carolyn Pratt, Director of Rate Analysis, has determined that,
for each of the first five years the rule is in effect, the expected
public benefit is that the rule will describe the reimbursement
methodology used to develop rates for this program.
Takings Impact Assessment
HHSC has determined that this proposal does not restrict or limit
an owner's right to his or her property that would otherwise exist
in the absence of government action and, therefore, does not
constitute a taking under Texas Government Code 2007.043.
Regulatory Analysis
HHSC has determined that this proposal is not a "major environ-
mental rule" as defined by 2001.0225 of the Texas Government
Code. "Major environmental rule" is defined to mean a rule the
specific intent of which is to protect the environment or reduce
risk to human health from environmental exposure and that may
adversely affect, in a material way, the economy, a sector of the
economy, productivity, competition, jobs, the environment or the
public health and safety of a state or a sector of the state. This
proposal is not specifically intended to protect the environment
or reduce risks to human health from environmental exposure.
Public Comment
Questions about the content of this proposal may be directed
to Sarah Hambrick in the HHSC Rate Analysis Department by
telephone at (512) 491-1431. Written comments on the pro-
posal may be submitted to Ms. Hambrick by facsimile at (512)
491-1998, by e-mail to sarah.hambrick@hhsc.state.tx.us, or by
mail to HHSC Rate Analysis, Mail Code H-400, P.O. Box 85200,
Austin, Texas 78708-5200, within 30 days of publication of this
proposal in the Texas Register.
Statutory Authority
The new rule is proposed under Texas Government Code
531.033, which provides the Executive Commissioner of
HHSC with broad rulemaking authority; and Human Resource
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.
The proposed rule affects the Human Resources Code Chapter
32, and the Texas Government Code Chapter 531. No other
statutes, articles, or codes are affected by this proposal.
355.9060. Reimbursement Methodology for the Youth Empower-
ment Services Waiver Program.
(a) Payment rate determination. Payment rates are developed
based on rates determined for other programs that provide similar ser-vices. If payment rates are not available from other programs that pro-
vide similar services, payment rates are determined using a pro forma
approach in accordance with 355.105(h) of this title (relating to Gen-
eral Reporting and Documentation Requirements, Methods, and Pro-
cedures).
(b) Related information. The information in 355.101 of this
title (relating to Introduction) and 355.105(g) of this title also applies.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on July 29, 2009.
TRD-200903218
Steve Arag6n
Chief Counsel
Texas Health and Human Services Commission
Earliest possible date of adoption: September 13, 2009
For further information, please call: (512) 424-6900
TITLE 16. ECONOMIC REGULATION
PART 2. PUBLIC UTILITY
COMMISSION OF TEXAS
CHAPTER 25. SUBSTANTIVE RULES
APPLICABLE TO ELECTRIC SERVICE
PROVIDERS
The Public Utility Commission of Texas (commission) proposes
an amendment to 25.25, relating to Issuance and Format of
Bills and 25.479, relating to Issuance and Format of Bills.
The amendments will implement certain provisions of Texas
House Bill 1822 (HB 1822), 81st Leg. (2009), Public Utilities
Regulatory Act (PURA) 17.003(c), 17.004(a), and 17.102,
pertaining to a list of defined terms common to the electric in-
dustry and Texas House Bill 1799 (HB 1799), 81st Leg. (2009),
PURA 39.116 pertaining to notice regarding customer choice
information. The proposed rules, if adopted, would require
electric service providers to use specific defined terms in billing
their customers and require that information concerning the
customer-information website operated by the commission be
included on customer bills. The defined terms in this amend-
ment use "charge" to define amounts applied at the discretion
of the electric utility and the retail electric provider, "fee" to
define amounts that are designated by a governmental agency
to be used for a specific, and "tax" to define amounts that are
designated by a governmental agency without a designated
purpose. The amendments are to competition rules subject
to judicial review as specified in PURA 39.001(e). Project
Number 37070 is assigned to this proceeding.
Ernest Garcia, Retail Market Analyst, Competitive Markets Divi-
sion has determined that for each year of the first five-year period
the amendment is in effect there will be no fiscal implications for
state or local government as a result of enforcing or administer-
ing the amendments.
Mr. Garcia has determined that for each year of the first five
years the amendments are in effect the public benefit anticipated
as a result of enforcing the amendments will be that electric cus-
tomers will have a clearer understanding of charges on their bills.PROPOSED RULES August 14, 2009
34 TexReg 5457
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Texas. Secretary of State. Texas Register, Volume 34, Number 33, Pages 5445-5614, August 14, 2009, periodical, August 14, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90865/m1/12/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.