Sec. 552.016.  FEES.  (a)  Except as provided by this section, the department may not charge a fee that exceeds the cost to the state to support, maintain, and treat a patient.
(b)  The executive commissioner may use the projected cost of providing inpatient services to establish by rule the maximum fee that may be charged to a payer.
(c)  The executive commissioner by rule may establish the maximum fee according to one or a combination of the following:
(1)  a statewide per capita;
(2)  an individual facility per capita; or
(3)  the type of service provided.
(d)  Notwithstanding Subsection (b), the executive commissioner by rule may establish a fee in excess of the department's projected cost of providing inpatient services that may be charged to a payer:
(1)  who is not an individual; and
(2)  whose method of determining the rate of reimbursement to a provider results in the excess.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1338, eff. April 2, 2015.