Part I.
Texas Department of Human Services
Chapter 44.
Community Care for Aged and Disabled Project CHOICE
The Texas Department of Human Services (DHS) adopts new §§44.1,
44.101-44.104, 44.201-44.207, without changes to the proposed text published
in the April 23, 1999, issue of the
Texas Register
(24 TexReg 3189). The sections are in new Chapter 44, concerning Community
Care for Aged and Disabled Project CHOICE, which consists of two client services
components of a grant received by the Texas Health and Human Services Commission
for Project CHOICE (Consumers Have Options for Independence in Community Environments)
from the federal Health Care Financing Administration.
The justification for the new chapter is to allow DHS to implement two
pilot programs: the Transition to Life in the Community (TLC) program and
presumptive eligibility services.
The rules regarding the Transition to Life in the Community (TLC) program
are being adopted because individuals living in nursing facilities often do
not have adequate savings to pay the costs of reestablishing a community residence.
The TLC program will facilitate the reestablishment of community residences
for individuals living in nursing facilities who have been accepted into certain
community based waiver programs by providing transition grant funds with which
an individual can make initial rent and deposit payments, purchase household
items, or pay other expenses related to moving to the community.
The rules regarding the presumptive eligibility program of Project CHOICE
pilot program are being adopted to test the strategy of using presumptive
eligibility determinations to promote the delivery of services in community
settings to individuals who are at risk of institutional placement. The rules
were written to be consistent with the grant application submitted to the
federal Health Care Financing Administration. The rules will have the effect
of allowing the Department of Human Services staff to authorize services while
some verifications are pending and of guaranteeing payment to service providers
for services authorized and delivered based on a presumptive eligibility determination.
The new chapter will function by making additional resources available
to help individuals in institutional settings to move to community settings,
and that some community-based services may be initiated more quickly to individuals
who appear to meet all eligibility criteria by deferring verifications.
No comments were received regarding adoption of the new chapter.
Subchapter A. Definitions
40 TAC §44.1
The new section is adopted under the Human Resources Code,
Title 2, Chapters 22 and 32, which authorizes the department to administer
public 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 the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
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 June
15, 1999.
TRD-9903564
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 5, 1999
Proposal publication date: April 23, 1999
For further information, please call: (512) 438-3765
40 TAC §§44.101-44.104
The new sections are adopted under the Human Resources Code,
Title 2, Chapters 22 and 32, which authorizes the department to administer
public 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 sections implement the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
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 June
15, 1999.
TRD-9903565
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 5, 1999
Proposal publication date: April 23, 1999
For further information, please call: (512) 438-3765
40 TAC §§44.201-44.207
The new sections are adopted under the Human Resources Code,
Title 2, Chapters 22 and 32, which authorizes the department to administer
public 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 sections implement the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
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 June
15, 1999.
TRD-9903566
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 5, 1999
Proposal publication date: April 23, 1999
For further information, please call: (512) 438-3765
Subchapter B. Transition to Life in the Community Program
Subchapter C. Presumptive Eligibility Through the Project CHOICE Program
Part II.
Texas Rehabilitation Commission