Texas Human Resources Code - Section 22.014. Memorandum Of Understanding On Hospital And Long-Term Care Services
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§ 22.014. MEMORANDUM OF UNDERSTANDING ON HOSPITAL AND
LONG-TERM CARE SERVICES. (a) The department, the Texas Department
of Health, and the Texas Department of Mental Health and Mental
Retardation shall adopt a memorandum of understanding that:
(1) clearly defines the responsibilities of each
agency in providing, regulating, and funding hospital or long-term
care services; and
(2) defines the procedures and standards that each
agency will use to provide, regulate, and fund hospital or
long-term care services.
(b) The memorandum must provide that no new rules or
regulations that would increase the costs of providing the required
services or would increase the number of personnel in hospital or
long-term care facilities may be promulgated by either the
department, the Department of Health, or the Department of Mental
Health and Mental Retardation unless the commissioner of health
certifies that the new rules or regulations are urgent as well as
necessary to protect the health or safety of recipients of hospital
or long-term care services.
(c) The memorandum must provide that any rules or
regulations proposed by the department, the Department of Health,
or the Department of Mental Health and Mental Retardation which
would increase the costs of providing the required services or
which would increase the number of personnel in hospital or
long-term care facilities must be accompanied by a fiscal note
prepared by the agency proposing said rules and submitted to the
department. The fiscal note should set forth the expected impact
which the proposed rule or regulation will have on the cost of
providing the required service and the anticipated impact of the
proposed rule or regulation on the number of personnel in hospital
or long-term care facilities. The memorandum must provide that in
order for a rule to be finally adopted the department must provide
written verification that funds are available to adequately
reimburse hospital or long-term care service providers for any
increased costs resulting from the rule or regulation. The
department is not required to provide written verification if the
commissioner of health certifies that a new rule or regulation is
urgent as well as necessary to protect the health or safety of
recipients of hospital or long-term care services.
(d) The memorandum must provide that upon final adoption of
any rule increasing the cost of providing the required services,
the department must establish reimbursement rates sufficient to
cover the increased costs related to the rule. The department is
not required to establish reimbursement rates sufficient to cover
the increased cost related to a rule or regulation if the
commissioner of health certifies that the rule or regulation is
urgent as well as necessary to protect the health or safety of
recipients of hospital or long-term care services.
(e) The memorandum must provide that Subsections (b)
through (d) of this section do not apply if the rules are required
by state or federal law or federal regulations.
(f) These agencies in the formulation of this memorandum of
understanding shall consult with and solicit input from advocacy
and consumer groups.
(g) Not later than the last month of each state fiscal year,
the department and the other agencies shall review and update the
memorandum.
(h) Each agency by rule shall adopt the memorandum of
understanding and all revisions to the memorandum.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987.
Section: 22.005 22.007 22.008 22.009 22.010 22.011 22.013 22.014 22.015 22.016 22.017 22.018 22.019 22.020 22.021
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Last modified: August 10, 2007
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