El Paso Hospital District v. Texas Health & Human Services Commission

We grant El Paso Hospital District’s motion for rehearing, withdraw our opinion and judgment dated August 31, 2007, and substitute the following in its place.

In this appeal from the denial of a declaratory judgment, we are asked whether the Texas Health and Human Services Commission’s (HHSC) data-colleetion method for calculating prospective Medicaid inpatient service rates is an agency rule as defined by the Administrative Procedures Act (APA). Tex. Gov’t Code § 2001.003(6). If it is, we are asked to declare the rule invalid because HHSC neglected to adopt it as the APA requires. We are…