(a) Except as provided by this section, the department may not charge for a resident total fees from all sources that exceed the cost to the state to support, maintain, and treat the resident.
(b) The executive commissioner may use the projected cost of providing residential services to establish by rule the maximum fee that may be charged to a payer.

(c) The executive commissioner by rule may establish maximum fees on 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 residential 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.