Texas § 32.028 FEES, CHARGES, AND RATES.

Texas Statutes

§ 32.028 — FEES, CHARGES, AND RATES.

Texas § 32.028

Code HRHuman Resources Code

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Bluebook

Tex. Human Resources Code Code Ann. § 32.028 (2026).

Text

Sec. 32.028. FEES, CHARGES, AND RATES.

(a)The executive commissioner shall adopt reasonable rules and standards governing the determination of fees, charges, and rates for medical assistance payments.

(b)The fee, charge, or rate for a professional service is the usual and customary fee, charge, or rate that prevails in the community.

(c)The fee, charge, or rate for other medical assistance:

(1)is the usual and customary fee, charge, or rate that prevails in the community unless the payment is limited by state or federal law; and

(2)excludes any fee, charge, or rate offered as part of a monthly fee-based membership discount program.

(d)The executive commissioner in the adoption of reasonable rules and standards governing the determination of rates paid for inpatient hospital services

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Sec. 32.028. FEES, CHARGES, AND RATES. (a) The executive commissioner shall adopt reasonable rules and standards governing the determination of fees, charges, and rates for medical assistance payments.
(b) The fee, charge, or rate for a professional service is the usual and customary fee, charge, or rate that prevails in the community.
(c) The fee, charge, or rate for other medical assistance:
(1) is the usual and customary fee, charge, or rate that prevails in the community unless the payment is limited by state or federal law; and
(2) excludes any fee, charge, or rate offered as part of a monthly fee-based membership discount program.
(d) The executive commissioner in the adoption of reasonable rules and standards governing the determination of rates paid for inpatient hospital services on a prospective payment basis shall:
(1) assure that the payment rates are reasonable and adequate to meet the costs incurred by the hospital in rendering services to Medicaid recipients;
(2) assure that the prospective payment methodology for hospital services sets the hospital-specific standardized amount at a minimum level of $1,600; and
(3) assure that the adjustment in payment rates for hospital services furnished by disproportionate share hospitals takes into account the essential role of rural hospitals in providing access to hospital services to medically indigent persons in rural areas of the state.
(e) The executive commissioner in the adoption of reasonable rules and standards governing the determination of rates paid for services provided by a federally qualified health center, as defined by 42 U.S.C. Section 1396d(l)(2)(B), shall assure that a center is reimbursed for 100 percent of reasonable costs incurred by the center in rendering services to Medicaid recipients.
(f) The executive commissioner in the adoption of reasonable rules and standards governing the determination of rates paid for services provided by a rural health clinic, as defined by 42 U.S.C. Section 1396d(l)(1), shall assure that a clinic is reimbursed for 100 percent of reasonable costs incurred by the clinic in rendering services to Medicaid recipients.
(g) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1135 (S.B. 457 ), Sec. 7, eff. September 1, 2025.
(h) The executive commissioner shall ensure that the rules governing the determination of rates paid for nursing facility services provide for the rate component derived from reported liability insurance costs to be paid only to those facilities that purchase liability insurance acceptable to the commission.
(i) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1135 (S.B. 457 ), Sec. 7, eff. September 1, 2025.
(j) The executive commissioner shall adopt rules governing the determination of the amount of reimbursement or credit for restocking drugs under Section 562.1085 , Occupations Code, that recognize the costs of processing the drugs, including the cost of:
(1) reporting the drug's prescription number and date of original issue;
(2) verifying whether the drug's expiration date or the drug's recommended shelf life exceeds 120 days;
(3) determining the source of payment; and
(4) preparing credit records.
(k) The commission shall provide an electronic system for the issuance of credit for returned drugs that complies with the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, as amended. To ensure a cost-effective system, only drugs for which the credit exceeds the cost of the restocking fee by at least 100 percent are eligible for credit.
(l) The executive commissioner shall establish a task force to develop the rules necessary to implement Subsections (j) and (k). The task force must include representatives of nursing facilities and pharmacists.
(m) Repealed by Acts 2025, 89th Leg., R.S., Ch. 1135 (S.B. 457 ), Sec. 7, eff. September 1, 2025.
(n) The executive commissioner shall ensure that rules governing the determination of rates paid for nursing facility services provide for the reporting of all revenue and costs, without regard to whether a cost is an allowable cost for reimbursement under the medical assistance program, except:
(1) as provided by Subsection (h); and
(2) a penalty imposed under this chapter or Chapter 242 , Health and Safety Code.

Chris Traylor, as Executive Commissioner of the Texas Health and Human Services Commission And the Texas Health and Human Services Commission v. Diana D., as Next Friend of KD, a Child Karen G., as Next Friend of TG and ZM, Children Guadalupe P., as Next Friend of LP, a Child Sally L., as Next Friend of CH, a Child Dena D., as Next Friend of BD, a Child OCI Acquisition, LLC

(Court of Appeals of Texas, 2015)

El Paso County Hospital District D/B/A R. E. Thomason General Hospital Conroe Hospital Corporation D/B/A Conroe Regional Medical Center Bay Area Healthcare Group, Ltd. D/B/A Corpus Christi Medical Center Sunbelt Regional Medical Center, Inc. v. Texas Health and Human Services Commission and Don Gilbert, Commissioner

(Court of Appeals of Texas, 2005)

Southwest Pharmacy Solutions, Inc. D/B/A American Pharmacies v. Texas Health and Human Services Commission and Thomas Suehs, Solely in His Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission

(Court of Appeals of Texas, 2013)

El Paso Hospital District D/B/A R.E. Thomason General Hospital District v. Texas Health and Human Services Commission and Don Gilbert, Commissioner

(Texas Supreme Court, 2007)

Texas Health and Human Services Commission and Thomas Suehs, Commissioner v. El Paso County Hospital District D/B/A R. E. Thomason General Hospital Conroe Hospital Corporation D/B/A Conroe Regional Medical Center Bay Area Healthcare Group, Ltd. D/B/A Corpus Christi Medical Center Sunbelt Regional Medical Center, Inc.

(Court of Appeals of Texas, 2011)

Legislative History

Acts 1979, 66th Leg., p. 2351, ch. 842, art. 1, Sec. 1, eff. Sept. 1, 1979. Amended by Acts 1989, 71st Leg., ch. 1219, Sec. 2, eff. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 1411, Sec. 1.16, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 974, Sec. 31, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1284, Sec. 10.01, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 198, Sec. 2.102(a), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 321, Sec. 3, eff. June 18, 2003. Amended by: Acts 2005, 79th Leg., Ch. 667 (S.B. 48 ), Sec. 2, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219 ), Sec. 4.096, eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 404 (H.B. 2402 ), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1135 (S.B. 457 ), Sec. 7, eff. September 1, 2025.