Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
Subchapter LL. DISABILITY DETERMINATION
40 TAC §3.3801
The Texas Department of Human Services (DHS) adopts the repeal
of §3.3801, and new §3.3801, in its Texas Works chapter. The repeal
is adopted without changes to the proposed text published in the December
24, 1999, issue of the
Texas Register
(24
TexReg 11697). The new section is adopted with changes.
Justification for the new section is to streamline the process used to
determine disability for Temporary Assistance for Needy Families (TANF) applicants
and recipients, as well as eligibility for Medicaid under the Medically Needy
programs for a parent.
The new section will function by allowing disability to be determined by
the client's physician, resulting in a more efficient use of time for medical
professionals involved in the copying and transmitting of medical information.
During the comment period, DHS received a comment from the Houston Welfare
Rights Organization. A summary of the comment and DHS's response follows:
Comment: The commenter stated that when this item was presented at the
December 2, 1999 Texas Works Advisory Council meeting, the department indicated
that the disability could be physical or mental and the mental disability
could be verified by a psychologist. The commenter pointed out that this is
not indicated in the proposed rule.
Response: DHS agrees with the comments as they are consistent with the
intent of the policy. The comments are incorporated in the adopted rule.
The repeal is adopted under the Human Resources Code, Title 2,
Chapter 31, which provides the department with the authority to administer
financial assistance programs.
The repeal implements the Human Resources Code, §§31.001-31.0325.
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 7, 2000.
TRD-200000939
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 27, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 438-3108
The new section is adopted under the
Human Resources Code, Title 2, Chapter 31, which authorizes the department
to administer financial assistance programs.
The new section implements the Human Resources Code, §§31.001-
31.0325.
§3.3801.Basis for Disability Determination and Employment Services Program Exemptions.
(a)
TANF. The Texas Department of Human Services (DHS) considers
a person incapacitated if he has a physical or mental disability which precludes
him for substantial gainful employment or care for his children for a continuous
period of at least 30 days. The physical or mental disability must be supported
by a physician, a physician's assistant (under a physician's order), or a
licensed or certified psychologist. A certification of RSDI, SSI, or VA disability
is sufficient proof of incapacity.
(b)
Food Stamps. DHS allows disability determination for employment
services as specified in 7 Code of Federal Regulations (CFR) §273.7(b)(ii).
Filed with the Office of the Secretary of State on February 7, 2000.
TRD-200000940
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 27, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 438-3108
Subchapter D. RESOURCES
40 TAC §15.417
The Texas Department of Human Services (DHS) adopts an amendment
to §15.417, without changes to the proposed text published in the December
24, 1999, issue of the
Texas Register
(24
TexReg 11698).
The amendment is justified to clarify the treatment of limited partnerships
as a resource. The Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66)
established the treatment of trusts and similar financial arrangements in
Medicaid eligibility policy. DHS Legal Services staff requested the addition
of a specific rule for limited partnerships because of the increased use of
limited partnerships as estate-planning devices.
The amendment will function by ensuring that long term care Medicaid eligibility
policy will be applied correctly and consistently statewide.
The department received no comments regarding adoption of the 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 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 February 4, 2000
TRD-200000812
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 1, 2000
Proposal publication date: December 24, 1999
For further information, please call: (512) 438-3108
Subchapter I. RESIDENT ASSESSMENT
40 TAC §19.804
The Texas Department of Human Services (DHS) adopts new §19.804,
without changes to the proposed text published in the October 15, 1999, issue
of the
Texas Register
(24 TexReg 8929).
The justification for the new section is to require nursing facilities
to use a tool, the Capacity Assessment for Self Care and Financial Management,
when asked by a court or when considering obtaining guardianship of a nursing
facility patient. The Texas Health and Safety Code §533.044 requires
DHS and the Texas Department of Mental Health and Mental Retardation to agree
to develop rules relating to the use of this instrument in their respective
facilities. The Texas Health and Safety Code also requires DHS to use this
tool to provide probate courts with sufficient information to make informed
decisions regarding a person's need for guardianship. This tool is designed
to enable the facility or a court to assess whether a person needs a guardian.
The new section will function by ensuring that nursing facilities will
have a uniform tool to assist the facility in determining whether or not a
person needs a guardian. Nursing facilities may also benefit by discovering
that an individual may be in need of guardianship.
During the comment period, DHS received a comment from the Houston Welfare
Rights Organization. The commenter noted that DHS should add a definition
regarding when a guardianship referral may be appropriate. One of the purposes
of the tool is to assist the facility in determining if a guardianship referral
is appropriate. DHS believes that each individual case is different and varies
by setting. For example, in an intermediate care facility, a person could
lack capacity to participate in care planning and have a non-responsible party
participate in the care plan. This person may have his or her needs met by
the use of surrogate decision makers, or for major medical decisions, by a
surrogate decision making committee. These same protections would not be available
in a community based setting. DHS feels that guidance to help nursing facilities
determine when a guardianship is indicated should be covered in training materials.
A referral for guardianship may be appropriate when (1) a resident lacks capacity
to participate in care planning; (2) a resident has no presently appointed
guardian; (3) no one is seeking guardianship for the resident; (4) there is
no responsible party to participate in care planning; and (5) there is no
agent under a medical power of attorney who is willing to participate in care
planning. DHS will include these and other examples in the training materials
it is preparing. In addition, DHS will be working with the Texas Rural Health
Initiatives Agency to determine how to disseminate information regarding the
Capacity Assessment Instrument to rural physicians. If a physician feels that
a guardianship proceeding should be initiated on behalf of a patient, the
physician may request that a nursing facility complete the assessment.
The new section is adopted under the Health and Safety Code §533.044,
which provides the department with the authority to require facilities to
use the instrument; and the Health and Safety Code Chapter 242, which provides
the department with the authority to license nursing facilities.
The new section implements §533.044 of the Health and Safety 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 3, 2000.
TRD-200000771
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 15, 2000
Proposal publication date: October 15, 1999
For further information, please call: (512) 438-3108
40 TAC §19.1812
Senate Bill 30, §1.07, 75th Legislative Session transferred
the responsibility for utilization review in the state Medicaid program from
the Texas Department of Health and the Texas Department of Human Services
to the Texas Health and Human Services Commission. In accordance with this
transfer, Title 25, Part 1, §§41.101-41.105 and 41.107-41.113 concerning
utilization review will become Title 1, Part 15, §§371.200-371.211,
effective September 1, 1997. Title 40, Part 1, §§19.1812, 19.2411,
and 19.2412 will become Title 1, Part 15, §§371.212-371.214, effective
September 1, 1997. The rule conversion chart is published in the Tables and
Graphic section.
Figure: 1 TAC Chapter 371.
§19.1812.Case Mix Classification System.
40 TAC §19.2411, §19.2412
Senate Bill 30, §1.07, 75th Legislative Session transferred
the responsibility for utilization review in the state Medicaid program from
the Texas Department of Health and the Texas Department of Human Services
to the Texas Health and Human Services Commission. In accordance with this
transfer, Title 25, Part 1, §§41.101-41.105 and 41.107-41.113 concerning
utilization review will become Title 1, Part 15, §§371.200-371.211,
effective September 1, 1997. Title 40, Part 1, §§19.1812, 19.2411,
and 19.2412 will become Title 1, Part 15, §§371.212-371.214, effective
September 1, 1997. The rule conversion chart is published in the Tables and
Graphic section.
Figure: 1 TAC Chapter 371.
§19.2411.Utilization Review and Control Activities Performed by Texas Department of Human Services (DHS).
§19.2412.Texas Index for Level of Effort (TILE) Assessments.
Chapter 201.
COUNCIL ADMINISTRATION: POLICIES AND PROCEDURES
40 TAC §§201.1, 201.3, 201.6, 201.7
The Children's Trust Fund of Texas Council adopts the repeal
of §§201.1, 201.3, 201.6, 201.7 without changes as published in
the August 6, 1999, issue of the
Texas Register
(24 TexReg 6016).
The proposed repeal arose as a result of the Rule Review process mandated
by the 1997 General Appropriations Act, Art. IX, sec. 167. In compliance with
that rider, the Council reviewed its rules to determine whether the reasons
the rules originally were adopted continued to exist, to determine whether
the rules were consistent with current law, and to determine whether rules
should be re-adopted with or without changes, or whether rules should be repealed.
Section 201.1 is repealed. The section is out-of-date and is repetitive
of CTF's enabling legislation; therefore it is repetitive of agency statute
and not an appropriate subject of an agency rule.
Section 201.3 is repealed. Subsection (a) largely tracks CTF's enabling
legislation, therefore it is repetitive of agency statute and not an appropriate
subject of an agency rule. Subsections (b) and (c) lack a proper statutory
basis.
Section 201.6 is repealed. This section involves the internal organization
of the agency and incorrectly states the law regarding the executive director's
employment status.
Section 201.7 is repealed. This section is a restatement of CTF's enabling
legislation, therefore it is repetitive of agency statute and not an appropriate
subject of an agency rule.
No comments were received regarding adoption of the repeals.
The repeals are adopted under the authority of Texas Human Resources
Code §74.003(a)(11) which directs the board to adopt rules to implement
the council enabling statute, Texas Human Resources Code, Chapter 74.
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 3, 2000.
TRD-200000768
John Chacon
Executive Director
Children's Trust Fund of Texas Council
Effective date: February 23, 2000
Proposal publication date: August 6, 1999
For further information, please call: (512) 833-3440
40 TAC §§201.8 - 201.10
The Children's Trust Fund of Texas Council adopts the amendments
to §§201.8, 201.9, and 201.10, without changes to the text as published
in the August 6, 1999, issue of the
Texas Register
(24 TexReg 6016).
The rule amendments arise as a result of the Rule Review process mandated
by the 1997 General Appropriations Act, Art. IX, §167. In compliance
with that rider, the Council reviewed its rules to determine whether the reasons
the rules originally were adopted continued to exist, to determine whether
the rules were consistent with current law, and to determine whether rules
should be re-adopted with or without changes, or whether rules should be repealed.
Section 201.8 is amended to reflect the correct reference to the Open Meetings
Act (Government Code, Chapter 551). Subsections (a), (c), (g), (i), and (k)
are deleted. These subsections mirror applicable statutory law. Also, subsection
(d) is deleted. The Open Meetings Act, not a rule, determines when an agency
is authorized to go into executive session.
Section 201.9 is retained but amended by adding a new paragraph (6) as
follows: "adoption of substantive or procedural rules," to clarify to board
members what actions required Council approvals.
Section 201.10(b) regarding amendments to and concerning Council Administration:
Policies and Procedures is deleted because it is a restatement of existing
law, therefore it is repetitive of agency statute and not an appropriate subject
of an agency rule. Additionally the statutory citation is out-of-date.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the authority of Texas Human
Resources Code §74.003(a)(11) which directs the board to adopt rules
to implement the council's enabling statute, Texas Human Resources Code, Chapter
74.
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 3, 2000.
TRD-200000769
John Chacon
Executive Director
Children's Trust Fund of Texas Council
Effective date: February 23, 2000
Proposal publication date: August 6, 1999
For further information, please call: (512) 833-3440
40 TAC §§202.6, 202.8, 202.10
The Children's Trust Fund of Texas Council adopts the amendments §§202.6,
202.8, and 202.10, without changes to the text as published in the August
6, 1999, issue of the
Texas Register
at 24
TexReg 6016.
The rule amendments arise as a result of the Rule Review process mandated
by the 1997 General Appropriations Act, Art. IX, §167. In compliance
with that rider, the Council reviewed its rules to determine whether the reasons
the rules originally were adopted continued to exist, to determine whether
the rules were consistent with current law, and to determine whether rules
should be re-adopted with or without changes, or whether rules should be repealed.
Section 202.6(a) is amended to delete a delivery address that is no longer
available.
Section 202.8(f) is amended by including a description of the confidentiality
guidelines that are referred to in the current rule. By adding the guidelines,
applicants will have adequate guidance without going to another source.
Section 202.10 amends subsection (a) to reflect the amendment to Human
Resources Code, §74.010, which authorizes more than two extensions under
certain circumstances as determined by the Council and defines those circumstances.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the authority of Texas Human
Resources Code §74.003(a)(11) which directs the board to adopt rules
to implement the council's enabling statute, Texas Human Resources Code, Chapter
74.
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 3, 2000.
TRD-200000766
John Chacon
Executive Director
Children's Trust Fund of Texas Council
Effective date: February 23, 2000
Proposal publication date: August 6, 1999
For further information, please call: (512) 833-3440
40 TAC §202.9
The Children's Trust Fund of Texas Council adopts the repeal
of §202.9 without changes as published in the August 6, 1999, issue of
the
Texas Register
(24 TexReg 6016).
The proposed repeal arose as a result of the Rule Review process mandated
by the 1997 General Appropriations Act, Art. IX, §167. In compliance
with that rider, the Council reviewed its rules to determine whether the reasons
the rules originally were adopted continued to exist, to determine whether
the rules were consistent with current law, and to determine whether rules
should be re-adopted with or without changes, or whether rules should be repealed.
Section 202.9 is repealed because of the conflict of interest provisions
concerning internal policies and are not the proper subject for rules. They
will be transferred to the Policies and Procedures Manual.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the authority of Texas Human Resources
Code §74.0039(a)(11) which directs the board to adopt rules to implement
the council enabling statute, Texas Human Resources Code, Chapter 74.
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 3, 2000.
TRD-200000767
John Chacon
Executive Director
Children's Trust Fund of Texas Council
Effective date: February 23, 2000
Proposal publication date: August 6, 1999
For further information, please call: (512) 833-3440
40 TAC §§203.1 - 203.5
The Children's Trust Fund of Texas Council adopts the repeal
of Chapter 203 §§203.1 - 203.5 without changes as published in the
August 6, 1999, issue of the
Texas Register
(24 TexReg 6016).
The proposed repeal arose as a result of the Rule Review process mandated
by the 1997 General Appropriations Act, Art. IX, §167. In compliance
with that rider, the Council reviewed its rules to determine whether the rules
originally were adopted continued to exist, to determine whether the rules
were consistent with current law, and to determine whether rules should be
re-adopted with or without changes, or whether rules should be repealed.
Chapter 203, §§203.1 - 203.5 concerning advisory committees is
repealed, because both advisory committees addressed in the rules have expired;
therefore the entire chapter is no longer necessary and is ineffective.
No comments were received regarding adoption of the repeal.
The repeal is adopted under the authority of Texas Human Resources
Code §74.003(a)(11) which directs the board to adopt rules to implement
the council enabling statute, Texas Human Resources Code, Chapter 74.
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 3, 2000.
TRD-200000765
John Chacon
Executive Director
Children's Trust Fund of Texas Council
Effective date: February 23, 2000
Proposal publication date: August 6, 1999
For further information, please call: (512) 833-3440
Chapter 700.
CHILD PROTECTIVE SERVICES
Subchapter C. ELIGIBILITY FOR CHILD PROTECTIVE SERVICES
Chapter 15.
MEDICAID ELIGIBILITY
Chapter 19.
NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
Subchapter S. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES
Subchapter Y. MEDICAL REVIEW AND RE-EVALUATION
Part 8.
CHILDREN'S TRUST FUND OF TEXAS COUNCIL
Chapter 202.
FUNDED PROGRAM AWARDS AND CONTRACTS
Chapter 203.
ADVISORY COMMITTEES
Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES