(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.