Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 15.
MEDICAID ELIGIBILITY
Subchapter D. RESOURCES
40 TAC §15.430
The Texas Department of Human Services (DHS) adopts an amendment
to §15.430 without changes to the proposed text as published in the April
21, 2000, issue of the
Texas Register
(25
TexReg 3506).
The amendment is justified to expand and clarify long term care Medicaid
eligibility policy. Public Law 103-66 sets forth transfer of assets policy.
DHS Legal Services staff requested the expansion and clarification of the
department's rules covering the look-back period for transfers to revocable
and irrevocable trusts.
The amendment will function by ensuring that eligibility staff apply policy
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 June 22, 2000.
TRD-200004388
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 1, 2000
Proposal publication date: April 21, 2000
For further information, please call: (512) 438-3108
Subchapter F. IN-HOME AND FAMILY SUPPORT PROGRAM
40 TAC §48.2707
The Texas Department of Human Services (DHS) adopts an amendment
to §48.2707 without changes to the proposed text published in the May
5, 2000, issue of the
Texas Register
(25 TexReg
3934).
Justification of the amendment is to expand eligibility for the In-home
and Family Support Program (IH/FSP) at DHS to include individuals with mental
disabilities who are denied services by the IH/FSP at the Texas Department
of Mental Health and Mental Retardation (TXMHMR) under that agency's rules
requiring a need for TXMHMR services. The amendment will enable individuals
with mental illness or mental retardation to receive assistance from the IH/FSP
at DHS for needs related to their physical disabilities that may be essential
for the to remain in the community.
The department received no comments regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, Title
2, Chapters 22 and 35, which authorizes the department to administer public
assistance programs and support services to people with disabilities.
The amendment implements the Human Resources Code, §§22.001-22.030
and §§35.001-35.012.
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 22, 2000.
TRD-200004387
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: September 1, 2000
Proposal publication date: May 5, 2000
For further information, please call: (512) 438-3108
Chapter 106.
CONTRACT ADMINISTRATION
Subchapter A. ACQUISITION OF CLIENT GOODS AND SERVICES
Chapter 48.
COMMUNITY CARE FOR AGED AND DISABLED
Part 2.
TEXAS REHABILITATION COMMISSION