TITLE social-services-and-assistance

Part I. Texas Department of Human Services

Chapter 48. Community Care for Aged and Disabled

Subchapter H. Eligibility

40 TAC §48.2919

The Texas Department of Human Services (DHS) adopts new §48.2919, in its Community Care for Aged and Disabled (CCAD) chapter. The new section is adopted without changes to the proposed text published in the December 18, 1998, issue of the Texas Register (23 TexReg 12896) and will not be republished.

The justification for the new section is to allow the client to elect to receive "escort" in place of attendant care services with no additional hours allocated.

The new section will function by allowing aged and disabled CCAD clients to elect to receive "escort" assistance to locations other than medical appointments, which allows clients greater access to their communities.

The department received no comments regarding adoption of the new section.

The new section is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which provides the department with the authority to administer public and medical assistance programs and under Texas Government Code §531.021, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds.

The new section implements §§22.001-22.030 and §§32.001-32.042 of the Human Resources Code.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 8, 1999.

TRD-9900788

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: March 15, 1999

Proposal publication date: December 18, 1998

For further information, please call: (512) 438-3765


40 TAC §48.2920

The Texas Department of Human Services (DHS) adopts an amendment to §48.2920, in its Community Care for Aged and Disabled (CCAD) chapter. The amendment is adopted without changes to the proposed text published in the December 18, 1998, issue of the Texas Register (23 TexReg 12897) and will not be republished.

Justification for the amendment: The manner in which 14 days of Personal Leave in CCAD Residential Care is granted was changed because it was in conflict with the Residential Care (RC) Provider Manual and Community Based Alternative (CBA) policy. The Community Care Unit received a call from field staff who stated the CCAD policy was inconsistent with the policy so the policy was subsequently changed to promote consistency across long term care (LTC) programs. The Community Based Alternative (CBA) Assisted Living/Residential Care Program rules were amended in July 1998.

The amendment will function by allowing residential care clients their 14 days of personal leave in CCAD-Residential Care and CBA-Residential Care in a consistent manner.

The department received no comments regarding adoption of the amendment.

The amendment is adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The amendment implements §§22.001-22.030 of the Human Resources Code.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 5, 1999.

TRD-9900773

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: March 15, 1999

Proposal publication date: December 18, 1998

For further information, please call: (512) 438-3765