TITLE 25.HEALTH SERVICES

Part 1. TEXAS DEPARTMENT OF HEALTH

Chapter 31. NUTRITION SERVICES

25 TAC §31.1

The Texas Department of Health (department) adopts under federal mandate an amendment to §31.1 concerning the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). Section 31.1(c) adopts by reference the WIC Policy and Procedure Manual.

The amendment to the WIC Policy and Procedure Manual covers new United States Department of Agriculture (USDA) regulations which are incorporated into policies that were approved by USDA. The latest federal requirements which are being incorporated into the WIC Policy and Procedure Manual by the amendments to §31.1(c) cover food delivery regulations issued by USDA on March 18, 1999, which must be implemented by all states not later than May 17, 2000. The department drafted amendments to its food delivery and general administration policies, submitted the amendments in October, 1999, for review by the Board of Health, and subsequently received USDA final approval.

The USDA regulations primarily address national uniform vendor sanctions for nine types of program violations. The USDA mandated several substantive changes to the draft policies as a condition of approval. Most of the modifications required by USDA concerned policy FD: 30.0, Vendor Contract Policy Violations, resulting in sanctions more severe than those contained in the draft policy. The revised policies are effective April 1, 2000, to coincide with the beginning date of a six-month contract period for all WIC vendors. Vendors have the choice of declining to renew their contracts.

While implementing the federal requirements into its vendor management policies, the WIC Program also implemented discretionary sanctions which are allowed but not mandated under the federal regulations; and simplified and streamlined other vendor management policies by deleting and combining policies. The state has discretionary authority to impose sanctions for violations including: providing unauthorized brands of foods, forging participant signatures on food instruments, not entering food prices at the time of sale, failing to submit proof of purchase invoices within 60 days of request, issuing rain checks, redeeming food instruments outside of the valid period, failing to offer WIC participants the same courtesies as other customers, failing to accept training, and seeking restitution from participants for food instrument claims not paid by the state.

The amendment is adopted under federal mandate for the following reasons. Under federal and state law (the Child Nutrition Act of 1966, Title 42, United States Code, §1786; and the Texas Omnibus Hunger Act of 1985, 69th Legislature, Chapter 150, Title II), the WIC Program is 99% federally funded and governed by federal regulations. Funds are made available to the department by a federal grant. The federal statute (42 United States Code, §1786), federal regulations (7 CFR Part 246), and the federal grant (Federal-State Special Supplemental Nutrition Program Agreement) authorize the USDA to make funds available to the department to administer the WIC Program in the State of Texas, provided that the department administers the program in accordance with the federal regulations.

The amendment is adopted under Health and Safety Code, §12.001(b) which provides the Texas Board of Health (board) with authority to adopt rules for the performance of every duty imposed by law upon the board, the department, and the commissioner of health; the Texas Omnibus Hunger Act of 1985, 69th Legislature, Chapter 150, Title II, Human Resources Code, Chapter 33; the Child Nutrition Act of 1966, 42 USC §1786; and 7 CFR Part 246.

§31.1. Special Supplemental Food Program for Women, Infants, and Children (WIC)

(a)

Federal regulations.

(1)

The department adopts by reference the United States Department of Agriculture regulations on the Special Supplemental Food Program for Women, Infants, and Children (WIC). These regulations are contained in the Federal Register publication entitled "Special Supplemental Food Program for Women, Infants, and Children" dated February 13, 1985, as amended October 4, 1993, November 29, 1993, March 10, 1994, and March 11, 1994.

(2)

Copies of the regulations described in paragraph (1) of this subsection are filed in the department's Bureau of Nutrition Services-Women, Infants, and Children (WIC) Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, and are available for public inspection during regular working hours.

(b)

WIC State Plan of Operations.

(1)

The department adopts by reference the publication titled "WIC State Plan of Operations," as amended effective October 1, 1998. This plan has been developed by the department's WIC Program and approved by the United States Department of Agriculture.

(2)

Copies of the state plan are filed in the department's Bureau of Nutrition Services-Women, Infants, and Children (WIC) Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, and are available for public inspection during regular working hours.

(c)

WIC Policy and Procedure Manual.

(1)

The department adopts by reference the publication titled "WIC Policy and Procedure Manual," which the department developed, as amended effective April 1, 2000 . This policy and procedure manual has been developed by the department's WIC Program and approved by the United States Department of Agriculture.

(2)

Copies of the manual are filed in the department's Bureau of Nutrition Services-Women, Infants, and Children (WIC) Program, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, and are available for public inspection during regular working hours.

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 April 3, 2000.

TRD-200002401

Susan K. Steeg

General Counsel

Texas Department of Health

Effective date: April 1, 2000

For further information, please call: (512) 458-7236


Chapter 253. ENVIRONMENTAL ENGINEERING

25 TAC §253.1

The Texas Department of Health (department) adopts the repeal of §253.1 concerning the incorporation by reference of federal regulations affecting federal grants and assistance relating to environmental engineering functions. The department adopts the repeal without changes to the proposed text as published in the January 28, 2000, issue of the Texas Register (24 TexReg 526), and therefore the section will not be republished.

This rule was adopted by the Texas Department of Health Resources (TDHR) in 1976 to ensure eligibility for federal grants relating to environmental protection (environmental engineering) programs. The department no longer has authority to pursue grants contemplated by the underlying federal regulations. Therefore, this rule has been repealed.

No comments regarding the proposed repeal were received during the public comment period.

This repeal is adopted under the Health and Safety Code, §12.001, which provides the board with authority to adopt rules to implement every duty imposed by law on the board, the department and the commissioner of health.

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 April 3, 2000.

TRD-200002400

Susan K. Steeg

General Counsel

Texas Department of Health

Effective date: April 23, 2000

Proposal publication date: January 28, 2000

For further information, please call: (512) 458-7236


Part 6. STATEWIDE HEALTH COORDINATING COUNCIL

Chapter 571. HEALTH PLANNING AND RESOURCE DEVELOPMENT

25 TAC §§571.2 - 571.7

The Statewide Health Coordinating Council (council) by majority vote on February 10, 2000, enters this order finally adopting amendments to §§571.2 - 571.7 concerning general provisions, officers, meetings, committees, state health plan, and plan implementation without changes as published in the December 24, 1999, issue of the Texas Register (24 TexReg 11692), and therefore the sections will not be republished.

In order to develop and implement policies that clearly separate the policymaking responsibilities of the council and the management responsibilities of the Commissioner of Health and the staff of the Texas Department of Health (department), §571.2(b) specifies that a memorandum of understanding be developed. Section 571.3(a) reiterates the law that requires that the governor shall designate a member of the council as the presiding officer, or chair, of the council. Section 571.3(d) clarifies language regarding when a vacancy for a council officer should be filled. Section 571.4(c) clarifies that a decision can be made, as long as a quorum is present, by a majority of the members present and voting. Section 571.4(d) corrects the wording from majority to quorum. Sections 571.4(f) and 571.5(a) makes language consistent throughout the sections that council and committee decisions will be made by a majority of the members present and voting. Section 571.5(d) makes the language less restrictive and dissolves the committee when its purpose is completed. Section 571.6(a) clarifies the roles of the department and the council in the preparation of the state health plan with language consistent with the law. Section 571.7(b) clarifies the role of the legislative committee in the implementation of the state health plan and presentation of the plan to the legislature.

No comments were received during the comment period.

The amendments are adopted under the Health and Safety Code, §104.012 which provides the council with the authority to adopt rules concerning the development and implementation of the state health plan.

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 April 10, 2000.

TRD-200002550

Ben G. Raimer, M.D.

Chair

Statewide Health Coordinating Council

Effective date: April 30, 2000

Proposal publication date: December 24, 1999

For further information, please call: (512) 458-7236