Part I.
Texas Department of Human Services
Chapter 15.
Medicaid Eligibility
Subchapter A. General Information
40 TAC §15.100
The Texas Department of Human Services (DHS) adopts an amendment
to §15.100, without changes to the proposed text published in the June
26, 1998, issue of the
Texas Register
(23
TexReg 6699). DHS is withdrawing the proposal to amend §15.502 which
was proposed at the same time. Comments received by mail and at a public hearing
prompted the need to withdraw these rules for further consideration.
The justification for the amendment is to allow medical practitioners,
other than the client's physician, to sign the medical necessity form.
The amendment will function by streamlining the procedure for obtaining
a statement of medical necessity.
The department received no comments regarding adoption of this amendment.
The amendment is adopted under the Human Resources Code, Title
2, Chapters 22 and 32, which authorizes the department 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 amendment 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 December
7, 1998.
TRD-9818169
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: December 27, 1998
Proposal publication date: June 26, 1998
For further information, please call: (512) 438-3765
Subchapter B. Transition to Life in the Community Program
40 TAC §§48.2001-48.2005
The Texas Department of Human Services (DHS) adopts the repeal
of §§48.2001 - 48.2005 without changes to the proposed text published
in the October 23, 1998 issue of the
Texas Register
(23 TexReg 10862). The text will not be republished.
Justification for the repeal is that the rule base will be free of obsolete
information.
The repeal will function by deleting the rules for Transition to Life in
the Community Program, because the program has not been in effect since 1993.
Thus the rules are obsolete and serve no useful purpose.
The department received no comments regarding adoption of the repeal.
The repeals are adopted under the Human Resources Code, Title
2, Chapter 22, which authorizes the department to administer public assistance
programs.
The repeals implement the Human Resources Code, §§22.001-22.030.
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 December
7, 1998.
TRD-9818172
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: January 1, 1999
Proposal publication date: October 23, 1998
For further information, please call: (512) 438-3765
40 TAC §§49.1, 49.19, 49.27
The Texas Department of Human Services (DHS) adopts amendments
to §§49.1 and 49.19, and adopts new §49.27, in its Contracting
for Community Care Services chapter. The amendment to §49.1 and new §49.27
are adopted with changes to the proposed text published in the October 16,
1998, issue of the
Texas Register
(23 TexReg
10629). The amendment to §49.19 is adopted without changes to the proposed
text and will not be republished.
The justification for the amendments and new section is to implement new
state mandated contracting requirements related to the year 2000 conversion;
clarify the role of religious and charitable organizations; implement the
Senate Bill 30 requirements for the development of a new provider contract
and the re-enrollment and amendment of existing Medicaid contracts; and correct
a reference to corrective action plans as a provider sanction.
The amendments and new section will function by preventing improper or
late delivery of services, protecting the religious integrity and character
of charitable and religious organizations, and strengthening the ability to
prevent provider fraud in the Texas Medicaid program.
No comments were received regarding adoption of the amendments and new
section. DHS has initiated several changes to the text for clarification.
In §49.1(g) DHS has changed the word "this" before con- tract to "the."
In §49.27, DHS has changed the word "this" before contract to "a."
The amendments and new section are 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 pro- grams 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 amendments and new section implement §§22.001-22.030 and
32.001-32.042 of the Human Resources Code.
§49.1. General Requirements for Participation.
(a)-(d)
(No change.)
(e)
A provider who is enrolled in the Medicaid program who
wants to continue to participate in the program must, in accordance with instructions
from the Texas Department of Human Services (DHS), either re-enroll in the
Medicaid program under a new contract or agreement approved by the Texas Health
and Human Services Commission (HHSC) no later than September 1, 1999, or,
at the discretion of DHS, modify the provider's existing contract or agreement
using language approved by HHSC no later than September 1, 1999.
(f)
A provider enrolled in the Medicaid program who does not
re-enroll in the program under a new contract or agreement or does not modify
the existing provider contract or agreement in accordance with the instructions
of DHS by September 1, 1999, does not retain eligibility to participate in
the Medicaid program.
(g)
A provider agency certifies that the goods and/or services
covered by the contract are designed to be used prior to, during, and after
calendar year 2000 A.D. The goods and/or services will operate during such
time periods without error relating to date data which represents different
centuries or more than one century.
§49.27.Religious and Charitable Organizations.
A religious or charitable organization is eligible to be a contractor
on the same basis as any other private organization. The contractor retains
its independence from state and local governments, including the contractor's
control over the definition, development, practice, and expression of its
charitable or religious beliefs. Except as provided in federal law, the Texas
Department of Human Services (DHS) shall not interpret a contract to require
a charitable or religious organization to alter its form of internal governance
or remove religious art, icons, scripture, or other symbols. If a religious
or charitable organization segregates the government funds provided under
the contract, then only the financial assistance provided by these funds will
be subject to audit. Neither DHS's selection of a charitable or faith-based
contractor of social services nor the expenditure of funds under a contract
is an endorsement of the contractor's charitable or religious character practices
or expression.
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 December
7, 1998.
TRD-9818171
Glenn Scott
General Counsel, Legal Services
Texas Department of Human Services
Effective date: January 1, 1999
Proposal publication date: October 16, 1998
For further information, please call: (512) 438-3765
Chapter 375.
Fees
40 TAC §375.2
The Texas Board of Occupational Therapy Examiners adopts
the repeal of §375.2, concerning Special Cases, Prorations, and Refunds
of Fees, without changes to the proposed text as published in the June 5,
1998 issue of the
Texas Register
(23 TexReg
5948).
This repeal is being adopted to eliminate obsolete language that is no
longer necessary to the operation of the Board.
This repeal removes obsolete language relating to fees.
No comments were received regarding repeal of this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational
Therapy Examiners with the authority to adopt rules consistent with this Act
to carry out its duties in administering this Act.
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 December
7, 1998.
TRD-9818177
Jennifer J. Jones
Executive Assistant
Texas Board of Occupational Therapy Examiners
Effective date: December 27, 1998
Proposal publication date: June 5, 1998
For further information, please call: (512) 305-6900
40 TAC §387.1
The Texas Board of Occupational Therapy Examiners adopts
the repeal of §387.1, concerning Administrative Hearing Procedures without
changes to the proposed text as published in the June 5, 1998 issue of the
This repeal is being adopted to eliminate obsolete language that is no
longer necessary to the operation of the Board.
This repeal removes obsolete language relating to administrative hearings.
No comments were received regarding repeal of this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational
Therapy Examiners with the authority to adopt rules consistent with this Act
to carry out its duties in administering this Act.
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 December
7, 1998.
TRD-9818178
Jennifer J. Jones
Executive Assistant
Texas Board of Occupational Therapy Examiners
Effective date: December 27, 1998
Proposal publication date: June 5, 1998
For further information, please call: (512) 305-6900
40 TAC §389.1
The Texas Board of Occupational Therapy Examiners adopts
the repeal of §389.1, concerning Petition for Adoption of Rules, without
changes to the proposed text as published in the June 5, 1998 issue of the
This repeal is being adopted to eliminate obsolete language that is no
longer necessary to the operation of the Board.
This repeal removes obsolete language relating to petition for adoption
of rules.
No comments were received regarding repeal of this section.
The rule is adopted under the Occupational Therapy Practice Act,
Texas Civil Statutes, Article 8851, which provides the Texas Board of Occupational
Therapy Examiners with the authority to adopt rules consistent with this Act
to carry out its duties in administering this Act.
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 December
7, 1998.
TRD-9818179
Jennifer J. Jones
Executive Assistant
Texas Board of Occupational Therapy Examiners
Effective date: December 27, 1998
Proposal publication date: June 5, 1998
For further information, please call: (512) 305-6900
Chapter 800.
General Administration
Subchapter B. Allocations and Funding
Chapter 48.
Community Care for Aged and Disabled
Chapter 49.
Contracting for Community Care Services
Part XII.
Texas Board of Occupational Therapy Examiners
Chapter 387.
Administrative Hearing Procedures
Chapter 389.
Petition for Adoption of Rules
Part XX.
Texas Workforce Commission