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.
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