Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
Subchapter SS. ONE-TIME TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM
40 TAC §3.7202
The Texas Department of Human Services (DHS) proposes an
amendment to §3.7202, concerning One-Time Temporary Assistance for Needy
Families Program (OTTANF) Criteria, in its Texas Works chapter.
The purpose of the amendment is to allow households with one or two parents
in the certified group to potentially qualify for One-Time Temporary Assistance
for Needy Families (OTTANF) if they have a loss of employment. Currently,
only households with two parents in the certified group qualify based on a
recent loss of employment.
Eric M. Bost, commissioner, has determined that for the first five- year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the section.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be that more families will be eligible for OTTANF, which
will assist in keeping them in the workforce and independent from ongoing
TANF benefits. There will be no effect on large, small, or micro businesses.
There is no anticipated economic cost to persons who are required to comply
with the proposed section.
Questions about the content of this proposal may be directed to Mary Haifley
at (512) 438-2599 in DHS's Programs and Policy section. Written comments on
the proposal may be submitted to Supervisor, Rules and Editing Unit-209, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendment is proposed under the Human Resources Code, Title
2, Chapter 31, which provides the department with the authority to administer
financial assistance programs.
The amendment implements the Human Resources Code, §§31.001-
31.0325.
§3.7202.One-Time Temporary Assistance for Needy Families Program (OTTANF) Criteria.
Clients must meet one of the following criteria to qualify for OTTANF.
(1)
[
(2)-(4)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 24, 2000.
TRD-200002921
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 438-3108
The Texas Department of Human Services (DHS) proposes amendments to §47.1901,
concerning definitions, and §47.4902, concerning primary home care provider
qualifications, and proposes new §47.4903, concerning provisional contracts,
and §47.4904, concerning current contractors, in its Primary Home Care
chapter. DHS is simultaneously filing a related proposal in chapters 48 and
49 in this issue of the
Texas Register
.
The purpose of the amendments and new sections is to revise the rules for
home and community support services agencies (HCSSAs) participating in the
Primary Home Care program. The rules address both new and current contractors.
To be issued a new contract, a new provider must pass an initial survey and
license renewal, provide personal attendant or home health services to at
least ten clients with at least two of the clients receiving on-going services
during a 60-day period, provide at least 500 hours of personal attendant or
home health services, and be screened for licensure penalty history. Current
contractors will be subject to more rigorous implications. If a current contract
is terminated, the department will not contract with the provider again for
six to 24 months, depending on whether or not the contract was involuntarily
terminated, why the contract was terminated, and whether the problems that
caused the termination have been resolved. If a HCSSA had any administrative
penalty imposed in the preceding twelve months, an existing contract may be
terminated. If contracts are terminated, current contractors will also be
screened for licensure penalty history, and compliance and fiscal monitoring
of contracts at least once every two years.
Eric M. Bost, Commissioner, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Bost also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be better management of the influx of new or inexperienced
contractors, less turnover in contractors, greater stability for clients,
and more DHS resources devoted to monitoring contracts. There will be no effect
on large, small, or micro businesses with existing Primary Home Care contracts,
if the contractors provide high quality service to DHS clients. Current contractors
who have their contracts involuntarily terminated will be prohibited from
obtaining another contract for 24 months. New home and community support services
agencies must have been in business for a year, successfully passed a licensure
inspection, and provided at least 500 hours of service to 10 clients to obtain
a Medicaid contract for Primary Home Care. There is no anticipated economic
cost to persons who are required to comply with the proposed amendments and
new sections.
Questions about the content of this proposal may be directed to Susan Syler
at (512) 438-3111 in DHS's Long Term Care Policy Section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-178,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas,
78714-9030, within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
Subchapter A. GENERAL PROVISIONS AND SERVICES
40 TAC §47.1901
The amendment is proposed 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.
§47.1901.Definitions.
The following words and terms[
(1)-(7)
(No change.)
(8)
Controlling interest--an
owner who is a sole proprietor, a partner owning 5.0% or more of the partnership,
or a corporate stockholder owning 5.0% or more of the outstanding stock of
the contracted provider, or a member of the board of directors.
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(A)
personal and health care;
(B)
mobility;
(C)
communication; and
(D)
money management.
(19)
[
(20)
[
(21)
[
(22)
[
(23)
Provisional contract--a time-limited
contract.
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 20, 2000.
TRD-200002823
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 438-3108
40 TAC §§47.4902-47.4904
The amendment and new sections are proposed 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 and new sections implement the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
§47.4902.Primary Home Care Provider Qualifications.
(a)
To be qualified as a home and community support services
(HCSS) provider to deliver primary home care services under contract with
the Texas Department of Human Services (DHS), an HCSS agency must:
(1)-(2)
(No change)
(3)
have the counties in the DHS contract for primary
home care services included in the identified
licensed
service
area on file at
DHS
[
(4)
(No change.)
(b)
A provider agency may request that DHS amend the agency's
contract to add counties, if the following conditions exist:
(1)
(No change.)
(2)
The counties to be added to the contract are included
in the identified
licensed
service area on file at
DHS
[
§47.4903.Provisional Contracts.
(a)
A provisional contract is limited to one year. The Texas
Department of Human Services (DHS) may extend a provisional contract if:
(1)
the formal review, including any reexamination, has not
been completed prior to the end of the provisional contract period, or
(2)
DHS is unable to successfully transfer all clients
by the end of the provisional contract period.
(b)
Prior to applying for a DHS contract, the home and community
support services agency (HCSSA) must:
(1)
hold the license used to qualify for the contract for at
least one year;
(2)
have completed an on-site health survey; and
(3)
be eligible for that license to be renewed.
(c)
During the 12 months immediately preceding application
for a DHS contract, the HCSSA must have provided attendant or home health
services in the DHS region in which the contract application is made:
(1)
to at least ten clients, with at least two of these clients
having received on-going services during a 60-day block of time; and
(2)
for a total of at least 500 hours.
(d)
DHS will not enter into a provisional contract until the
HCSSA has received a pre-contract orientation from DHS.
(e)
DHS will not enter into a provisional contract if a HCSSA
is:
(1)
under a monitoring agreement;
(2)
has a license revocation action pending with DHS;
or
(3)
has a Level II administrative penalty pending with
DHS.
(f)
Any contracts entered into after the effective date of
this rule will be provisional contracts, including contracts to existing HCSSAs
expanding into a new region.
(g)
A HCSSA contracting under a new vendor number as a result
of a contract assignment will receive a provisional contract, but is exempt
from the requirements in subsections (b), (c), and (d) of this section.
(h)
DHS may not contract with a HCSSA if, in the preceding
12 months, the HCSSA had any Level II administrative penalties imposed by
departmental order.
(i)
DHS may not contract with a HCSSA if, in the preceding
24 months, the HCSSA had any community care program contract involuntarily
terminated.
(j)
Notwithstanding other department rules regarding formal
reviews, for provisional contracts, this subsection prevails.
(1)
DHS will formally review provisional contracts at least
once during the contract's provisional status.
(2)
A HCSSA not in compliance with program-specific requirements
after the formal review cannot enter into another Primary Home Care (PHC)
contract with DHS for at least 24 months from the end date of the provisional
contract. Twenty-four months after the end date of the prior provisional contract,
the HCSSA may apply for another provisional contract.
(3)
A HCSSA choosing to withdraw from the provisional
contract cannot enter into another PHC contract with DHS for at least 12 months
from the end date of the provisional contract. Twelve months after the end
date of the prior provisional contract, the HCSSA may apply for another provisional
contract.
(4)
If DHS determines that a HCSSA is not in compliance
with one or more program-specific requirements, the provider agency may request
a reexamination of the determination.
(A)
The provider agency must submit the request in writing,
and the appropriate DHS staff must receive it within ten calendar days of
the date of the formal review exit conference.
(B)
The provider agency's written request must contain a concise
statement of the specific actions or determinations it disputes and any supporting
documentation the provider agency deems relevant to the dispute.
(C)
The lead DHS staff member coordinates a reexamination of
the formal review determination with appropriate DHS staff. DHS staff may
request additional information from the provider agency.
(D)
Within 30 days of the date DHS receives the request for
reexamination or of the date DHS receives additional requested information,
the lead staff member must send the provider agency DHS's written decision.
(5)
If DHS determines that a HCSSA did not meet the
requirements in subsection (c) of this section prior to obtaining a DHS contract,
the provisional contract will be involuntarily terminated.
§47.4904.Current Contractors.
(a)
Conflict of rules. Notwithstanding other department rules
regarding termination, this section prevails.
(b)
Voluntary termination of a contract. For a period of at
least 12 months after a voluntary termination of a contract, the Texas Department
of Human Services (DHS) will not recontract with the home and community support
services agency (HCSSA) for Primary Home Care (PHC) services in the region
covered by the terminated contract. At the end of the 12-month period, the
HCSSA may apply for a provisional contract.
(c)
Involuntary termination of a contract.
(1)
For a period of at least 24 months after a contract was
involuntarily terminated, DHS will not enter into a PHC contract with:
(A)
the HCSSA anywhere in the state; or
(B)
any HCSSA with a person with a controlling interest, who
also had a controlling interest in the HCSSA that was involuntarily terminated.
(2)
If a HCSSA contract is involuntarily terminated
for failure to deliver community care services for six consecutive months,
the HCSSA may not recontract with DHS to provide services in the region covered
by its terminated contract for six months after the involuntary termination.
(3)
The involuntary termination of a PHC contract in one
region will not automatically result in the involuntary termination of PHC
contracts held by the same HCSSA in other regions. DHS will review the HCSSA's
contracts in other programs or regions to determine if there is cause for
further terminations.
(4)
If a HCSSA contract is involuntarily terminated, the
HCSSA must demonstrate to DHS that the conditions which caused the involuntary
termination have been resolved prior to entering into another contract.
(d)
Reasons for termination. In addition to the reasons specified
in §49.19(b)(3) of this title (relating to Sanctions), DHS may terminate
the existing contract of a HCSSA if, in the preceding 12 months, the HCSSA
had any Level II administrative penalties imposed by departmental order.
(e)
Formal reviews. DHS will conduct a formal review of each
HCSSA contract at least once every two years.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State, on April 20, 2000.
TRD-200002824
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 438-3108
The Texas Department of Human Services (DHS) proposes the repeal of §48.6030,
concerning home and community support services provider qualifications, proposes
amendments to §48.1201, concerning definitions of program terms, and §48.6108,
concerning sanctions, and proposes new §48.6026, concerning home and
community support services provider qualifications, §48.6028, concerning
provisional contracts--home and community support services agencies, and §48.6030,
concerning current contractors--home and community support services agencies,
in its Community Care for Aged and Disabled chapter. DHS is simultaneously
filing a related proposal in chapters 47 and 49 in this issue of the
The purpose of the amendments, repeal, and new sections is to revise the
rules for home and community support services agencies (HCSSAs) participating
in the Community Based Alternatives program. The rules address both new and
current contractors. To be issued a new contract, a new provider must pass
an initial survey and license renewal, provide personal attendant or home
health services to at least ten clients with at least two of the clients receiving
on-going services during a 60-day period, provide at least 500 hours of personal
attendant or home health services, and be screened for licensure penalty history.
Current contractors will be subject to more rigorous implications if contracts
are terminated, screening for licensure penalty history, and compliance and
fiscal monitoring of contracts at least once every two years.
Eric M. Bost, Commissioner, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Bost also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be better management of the influx of new or inexperienced
contractors, less turnover in contractors, greater stability for clients,
and more DHS resources devoted to monitoring contracts. There will be no effect
on large, small, or micro businesses with existing Community Based Alternatives
contracts, if the contractors provide high quality service to DHS clients.
Current contractors who have their contracts involuntarily terminated will
be prohibited from obtaining another contract for 24 months. New home and
community support services agencies must have been in business for a year,
successfully passed a licensure inspection, and provided at least 500 hours
of service to ten clients to obtain a Medicaid contract for Community Based
Alternatives. There is no anticipated economic cost to persons who are required
to comply with the proposed amendments, repeal, and new sections.
Questions about the content of this proposal may be directed to Susan Syler
at (512) 438-3111 in DHS's Long Term Care Policy Section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-178,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas,
78714-9030, within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
Subchapter A. DEFINITIONS
40 TAC §48.1201
The amendment is proposed 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.
§48.1201.Definitions of Program Terms.
The following words and terms[
(1)-(8)
(No change.)
(9)
Client--A person determined eligible for
Community
Care for the Aged and Disabled (CCAD)
[
(10)
(No change.)
(11)
Controlling interest--an owner who
is a sole proprietor, a partner owning 5.0% or more of the partnership, or
a corporate stockholder owning 5.0% or more of the outstanding stock of the
contracted provider, or a member of the board of directors.
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
(17)
[
(18)
[
(19)
[
(20)
[
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
Provisional contract--a time-limited contract.
(32)
[
(33)
[
(34)
[
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State, on April 20, 2000.
TRD-200002825
Paul Leche
General Counsel, Legal Services
Texas Department of Human Resources
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 438-3108
40 TAC §§48.6026, 40.6028, 48.6030, 48.6108
The new sections and amendment are proposed 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 new sections and amendment implement the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
§48.6026.Home and Community Support Services Provider Qualifications.
To be qualified as a home and community support services (HCSS) provider
to deliver Community Based Alternatives (CBA) services under contract with
the Texas Department of Human Services (DHS), a HCSS agency must:
(1)
have a separate contract to provide CBA services in each
DHS region in which services are to be delivered;
(2)
deliver CBA services through the licensed home health
category of licensure;
(3)
have the counties in the DHS contract for CBA services
included in the identified licensed service area on file at DHS within the
licensed home health category of licensure; and
(4)
be authorized by the secretary of state to do business
in the State of Texas (if an out-of-state corporation).
§48.6028.Provisional Contracts--Home and Community Support Services Agencies.
(a)
A provisional contract is limited to one year. The Texas
Department of Human Services (DHS) may extend a provisional contract if:
(1)
the formal review, including any reexamination, has not
been completed prior to the end of the provisional contract period, or
(2)
DHS is unable to successfully transfer all clients
by the end of the provisional contract period.
(b)
Prior to applying for a DHS contract, the home and community
support services agency (HCSSA) must:
(1)
hold the license used to qualify for the contract for at
least one year;
(2)
have completed an on-site health survey; and
(3)
be eligible for that license to be renewed.
(c)
During the 12 months immediately preceding application
for a DHS contract, the HCSSA must have provided attendant or home health
services in the DHS region in which the contract application is made:
(1)
to at least ten clients, with at least two of these clients
having received on-going services during a 60-day block of time; and
(2)
for a total of at least 500 hours;
(d)
DHS will not enter into a provisional contract until the
HCSSA has received a pre-contract orientation from DHS.
(e)
DHS will not enter into a provisional contract if a HCSSA
is:
(1)
under a monitoring agreement;
(2)
has a license revocation action pending with DHS;
or
(3)
has a Level II administrative penalty pending with
DHS.
(f)
Any contracts entered into after the effective date of
this rule will be provisional contracts, including contracts to existing HCSSAs
expanding into a new region.
(g)
A HCSSA contracting under a new vendor number as a result
of a contract assignment will receive a provisional contract, but is exempt
from the requirements in subsections (b), (c), and (d) of this section.
(h)
DHS may not contract with a HCSSA if, in the preceding
12 months, the HCSSA had any Level II administrative penalties imposed by
departmental order.
(i)
DHS may not contract with a HCSSA if, in the preceding
24 months, the HCSSA had any community care program contract involuntarily
terminated.
(j)
Notwithstanding other department rules regarding formal
reviews, for provisional contracts, this subsection prevails.
(1)
DHS will formally review provisional contracts at least
once during the contract's provisional status.
(2)
A HCSSA not in compliance with program-specific requirements
after the formal review cannot enter into another Community Based Alternatives
(CBA) contract with DHS for at least 24 months from the end date of the provisional
contract. Twenty-four months after the end date of the prior provisional contract,
the HCSSA may apply for another provisional contract.
(3)
A HCSSA choosing to withdraw from the provisional
contract cannot enter into another CBA contract with DHS for at least 12 months
from the end date of the provisional contract. Twelve months after the end
date of the prior provisional contract, the HCSSA may apply for another provisional
contract.
(4)
If DHS determines that a HCSSA is not in compliance
with one or more program-specific requirements, the provider agency may request
a re-examination of the determination.
(A)
The provider agency must submit the request in writing,
and the appropriate DHS staff must receive it within ten calendar days of
the date of the formal review exit conference.
(B)
The provider agency's written request must contain a concise
statement of the specific actions or determinations it disputes and any supporting
documentation the provider agency deems relevant to the dispute.
(C)
The lead DHS staff member coordinates a re-examination
of the formal review determination with appropriate DHS staff. DHS staff may
request additional information from the provider agency.
(D)
Within 30 days of the date DHS receives the request for
re-examination or of the date DHS receives additional requested information,
the lead staff member must send the provider agency its written decision.
(5)
If DHS determines that a HCSSA did not meet the
requirements in subsection (c) of this section prior to obtaining a DHS contract,
the provisional contract will be involuntarily terminated.
§48.6030.Current Contractors--Home and Community Support Services Agencies.
(a)
Conflict of rules. Notwithstanding other department rules
regarding termination, this section prevails.
(b)
Voluntary termination of a contract. For a period of at
least 12 months after a voluntary termination of a contract, the Texas Department
of Human Services (DHS) will not recontract with the home and community support
services agency (HCSSA) for Community Based Alternatives (CBA) services in
the region covered by the terminated contract. At the end of the 12-month
period, the HCSSA may apply for a provisional contract.
(c)
Involuntary termination of a contract.
(1)
For a period of at least 24 months after a contract was
involuntarily terminated, DHS will not enter into a CBA contract with:
(A)
the HCSSA anywhere in the state; or
(B)
any HCSSA with a person with a controlling interest, who
also had a controlling interest in the HCSSA which was involuntarily terminated.
(2)
If a HCSSA contract is involuntarily terminated
for failure to deliver community care services for six consecutive months,
the HCSSA may not recontract with DHS to provide services in the region covered
by its terminated contract for six months after the involuntary termination.
(3)
The involuntary termination of a CBA contract in one
region will not automatically result in the involuntary termination of CBA
contracts held by the same HCSSA in other regions. DHS will review the HCSSA's
contracts in other programs/regions to determine if there is cause for further
terminations.
(4)
If a HCSSA contract is involuntarily terminated, the
HCSSA must demonstrate to DHS that the conditions which caused the involuntary
termination have been resolved prior to entering into another contract.
(d)
Reasons for termination. In addition to the reasons specified
in §49.19(b)(3) of this title (relating to Sanctions), DHS may terminate
the existing contract of a HCSSA if, in the preceding 12 months, the HCSSA
had any Level II administrative penalties imposed by departmental order.
(e)
Formal reviews. DHS will conduct a formal review of each
HCSSA contract at least once every two years.
§48.6108.Sanctions.
The Texas Department of Human Services (DHS) may sanction, up to and
including contract termination, any Community Based Alternatives provider
agency that:
(1)
has discontinued services to a participant for a reason
other than what is allowed in §48.6104 of this title (relating to Crisis
Intervention Requiring Immediate Suspension or Reduction of Services Without
Advance Notice) and §48.6106 of this title (relating to Immediate Suspension
with Advance Notice); [
(2)
uses the information cited in §48.6104 of this
title to discontinue services to a participant when the provider agency knew
or should have known that the cited information did not apply to the participant
; or
[
(3)
had any Level II administrative
penalties imposed in the preceding 12 months.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on April 20, 2000.
TRD-200002827
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 438-3108
40 TAC §48.6030
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Human Services or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed 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 repeal implements the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
§48.6030.Home and Community Support Services Provider Qualifications.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State, on April 20, 2000.
TRD-200002826
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 4, 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) proposes an
amendment to §48.2707, concerning program restrictions, in its Community
Care for Aged and Disabled chapter. The purpose of the amendment is to expand
eligibility for the In-home and Family Support Program (IHFSP) at DHS to include
individuals with mental disabilities who are denied services by the IHFSP
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 IHFSP at DHS for needs related to their physical disabilities that
may be essential for them to remain in the community.
Eric M. Bost, Commissioner, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the section.
Mr. Bost also has determined that for each year of the first five years
the section is in effect the public benefit anticipated as a result of enforcing
the section will be that some individuals denied assistance by the IHFSP at
TXMHMR will receive the support needed relating to their physical disabilities
to remain in the community. There will be no effect on large, small, or micro
businesses, because the rule only addresses eligibility requirements to be
considered in processing IHFSP applications. There is no anticipated economic
cost to persons who are required to comply with the proposed section.
Questions about the content of this proposal may be directed to Debbie
Berliner at (512) 438-3199 in DHS's In-home and Family Support Program. Written
comments on the proposal may be submitted to Supervisor, Rules and Handbooks
Unit-208, Texas Department of Human Services E-205, P.O. Box 149030, Austin,
Texas, 78714-9030, within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendment is proposed 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.
§48.2707.Program Restrictions.
(a)-(f)
(No change.)
(g)
Applicants must not receive services from both the DHS
IH/FSP and the Texas Department of Mental Health and Mental Retardation (TXMHMR)
IH/FSP. Individuals are served by DHS IH/FSP and TXMHMR IH/FSP according to
the guidelines specified in paragraphs (1)-(3) of this subsection.
(1)
Individuals not eligible for DHS IH/FSP because of eligibility
for TXMHMR IH/FSP services (Texas Health and Safety Code, Chapter 535, Subchapter
A; 25 TAC §[
(A)
individuals with mental illness as defined by the Texas
Health and Safety Code, §571.003
, who meet all criteria for TXMHMR
IH/FSP eligibility specified in 25 TAC §401.685
;
(B)
individuals with mental retardation according to the Mentally
Retarded Persons Act, Texas Health and Safety Code, §591.003
, who
meet all criteria for TXMHMR IH/FSP eligibility specified in 25 TAC §401.685
;
(C)-(D)
(No change.)
(2)
(No change.)
(3)
DHS serves individuals
denied assistance by
[
(h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 20, 2000.
TRD-200002828
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 438-3108
40 TAC §49.3, §49.21
The Texas Department of Human Services (DHS) proposes amendments
to §49.3, concerning general contract requirements, and §49.21,
concerning recontracting, in its Contracting for Community Care Services chapter.
DHS is simultaneously filing a related proposal in chapters 47 and 48 in this
issue of the
Texas Register
.
The purpose of the amendments is to update the rules for home and community
support services agencies (HCSSAs) participating in the Primary Home Care
and Community Based Alternatives programs. The rules address current contractors
whose contracts were involuntarily terminated.
Eric M. Bost, Commissioner, has determined that for the first five-year
period the sections are in effect there will be no fiscal implications for
state or local government as a result of enforcing or administering the sections.
Mr. Bost also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be better management of the influx of new or inexperienced
contractors, less turnover in contractors, greater stability for clients,
and more DHS resources devoted to monitoring contracts. There will be no effect
on large, small, or micro businesses with existing Primary Home Care or Community
Based Alternatives contracts, when contractors provide high quality service
to DHS clients. Current contractors who have their contracts involuntarily
terminated will be prohibited from obtaining another contract for 24 months.
There is no anticipated economic cost to persons who are required to comply
with the proposed amendments.
Questions about the content of this proposal may be directed to Susan Syler
at (512) 438-3111 in DHS's Long Term Care Policy Section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-178,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas,
78714-9030, within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendments are proposed 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 amendments implement the Human Resources Code, §§22.001-22.030
and §§32.001-32.042.
§49.3.General Contractual Requirements.
(a)
(No change.)
(b)
A provider agency must:
(1)
comply with applicable federal and state regulations, the
Title XIX of the Social Security Act and/or Title XX of the Social Security
Act state plans, applicable statutes,
program-specific requirements
[
(2)-(7)
(No change.)
(c)-(d)
(No change.)
§49.21.Recontracting.
If the contract was involuntarily terminated, the Texas Department
of Human Services (DHS) may not recontract with a provider agency to provide
services in the region covered by
its
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 20, 2000.
TRD-200002829
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 438-3108
Chapter 181.
GENERAL RULES OF PRACTICE AND PROCEDURE
Subchapter C. PROGRAM STANDARDS AND PROCEDURES
40 TAC §181.491
The Texas Commission for the Deaf and Hard of Hearing proposes
amendment to §181.491. The amendment is proposed to update the language
and to more clearly define the types of courses and workshops that are eligible
for credit.
David W. Myers, Executive Director, has determined that for each year of
the first five years the amendment to this section is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Mr. Myers has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of this
amendment will be a better understanding of the types of courses and workshops
eligible for credit. There will be no effect on small businesses. There is
no anticipated economic hardship to persons required to comply with the amendment
as proposed.
Comments on this proposed amendment may be submitted to Billy Collins,
Texas Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin,
Texas 78711-2904.
The amendment is proposed under the Human Resources Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§181.491.Approved Courses and Workshops for the Instruction and Continuing Education of Interpreters for the Deaf.
(a)
Purpose and scope.
To
[
(b)
Definitions. The following words and terms, where used
in this section, shall have the following meanings, unless the context clearly
indicates otherwise.
(1)
Applicant--A person
or organization
who applies
to the commission for
approval of continuing education
[
(2)
BEI--The
Board for Evaluation of Interpreters
[
(3)
Board--The
BEI
[
(4)
Class hours--Contact hours of formal class instruction
or the equivalent as may be defined and adopted by the commission.
(5)
Commission--The Texas Commission for the Deaf and
Hard of Hearing.
(6)
Coordinator--The
commission's staff person
[
(7)
Certificate--An interpreter certificate issued by
the
commission verifying that the interpreter has attained a specified
level of skill
[
(8)
Certificate holder--Any holder of a certificate or
any interpreter who is duly certified as
an
[
(9)
Instructor--An individual approved by the commission
to provide
course
instruction [
(10)
Interpreter--A natural person certified by the Texas
Commission for the Deaf to practice interpreting in Texas.
[
[
(11)
[
(12)
[
(13)
General Studies-Continuing education
courses that focus on the enhancement of the person and not specifically related
to the area of interpreting.
(14)
Professional Studies-Continuing education
courses that focus on areas specifically related to the area of interpreting
and enhancing skills of interpreting.
(c)
Continuing education
units. Training for interpreters
that focuses on
[
(d)
There are two types
[
(1)
courses, workshops, seminars, conferences, lectures, and
staff development activities oriented towards the enhancement of interpreting
practice, values, skills, and knowledge
or enhancement of the individual
;
(2)
one-time
preparation and delivery time
of a lecture curriculum development or course instruction; only documented
hours up to the hourly equivalent of the final instruction time will be allowable
[
(3)
instruction or consultation in programs such as institutes,
seminars, workshops, and conferences which are designed to increase professional
knowledge and skills related to the practice of interpreting provided that
such instruction and consultation is not a part of, or required as a part
of, one's employment;
(4)
completion of academic courses in areas supporting
development of skill and competence in interpreting
with a passing grade
of "C" or above and accompanied by an official transcript from the institution
[
(5)
cross-professional and/or cross-disciplinary training
if it is clearly related to the enhancement of interpreting practice, values,
skills, and knowledge;
(6)
videotape viewing or televised courses or workshops
related to development of skill and competence in interpreting
;
[
(7)
self study courses that are documented
and approved by the commission.
(e)
Continuing education unit. A continuing education unit
(CEU) is a basic unit of measurement used to credit certificate holders for
certification renewal or individuals with continuing education activities
for certification requirements or professional growth. One CEU is defined
as 10 contact or clock hours of attendance and participation in an approved
continuing education experience
.
[
(f)
Applicability of continuing education requirements. Continuing
education requirements are referred to §183.75 of this title (relating
to BEI Recertification Process).
(g)
Procedures for approval of CEU or programs. Certificate
holders, organizations, and individuals may initiate requests for commission
approval and hour credits of specific programs for continuing education unit
credited
at least 30 calendar days prior to the training
[
(1)
The certificate holder is ultimately responsible for providing,
or arranging for sponsors to provide, the information necessary for the commission
to make a determination of the applicability of the program to the continuing
education requirements.
(2)
Sponsors may initiate their own requests and may,
when approval is obtained in advance, announce such approval in connection
with the training event utilizing statements prescribed by the commission.
(h)
Criteria for approval of continuing education activities.
Each continuing education experience submitted by an applicant will be evaluated
on the basis of the following criteria:
(1)
relevance of the subject matter to increase or support
the development of skill and competence in interpreting;
(2)
objectives of specific information and/or skill to
be learned;
(3)
subject matter, educational methods, materials, and
facilities utilized including the frequency and duration of sessions and the
adequacy to implement learner objectives;
(4)
sponsorship and leadership of programs including the
name of sponsoring individual(s) or association(s), program leaders if different
from sponsors, and contact person if different from the preceding;
(5)
documentation from sponsor(s) including evaluative
statement of performance; [
(6)
qualifications of a speaker or course/workshop presenter
; and
[
(7)
submission of any and all required
materials and supporting documentation required by the commission.
(i)
The commission credit. A provider or applicant shall assure
that the commission will be credited in all materials, publications, and news
releases relating to approved courses and workshops for instruction and continuing
education of interpreters for the deaf. The provider or applicant shall add
the commission's credit to the provider's or applicant's certificate of attendance
or participation.
[
(j)
[
(k)
[
(l)
[
(1)
An approved course or workshop is one that has been submitted
to the commission for approval on Form CE-001, has been reviewed and approved
by staff, and has been placed on the list of approved courses and workshops.
Form CE-001 is provided self-explanation as to what necessary and pertinent
information shall be included.
(2)
The provider or sponsor shall furnish to each certificate
holder or any interested parties participating in an approved course or workshop
who successfully completes an approved course or workshop a certificate of
attendance Form CE-002. Form CE-002 shall include the following information:
certificate holder's full name, signature, course/workshop title, completed
date, BEI card number, course/workshop number, credit hours, provider/sponsor's
name, and approved provider/sponsor's signature. If a participant does not
hold a BEI certificate, Form CE-002 also shall include the participant's address
and social security number or Texas driver's license number.
(3)
The provider or sponsor shall make available a blank
Form CE-003, Certificate Holder's Continuing Education Summary Sheet, or participants.
Form CE-003 is provided and is self-explanatory as to what necessary and pertinent
information shall be included. The certificate holder shall furnish to the
board as part of the certificate renewal Form CE-003 to be attached to renewal
application, which the board at any time may verify by requiring submission
of the completion certificates.
(4)
The provider or sponsor may reproduce a certificate
of attendance Form CE-004 to give to each participant who successfully completes
an approved course or workshop. Form CE-004 shall include the following information:
participant's name, course/workshop title and number, continuing education
unit number, signature of provider/sponsor, and date.
Forms are also
available at the agency's website at: www.tcdhh.state.tx.us.
(5)
The provider or sponsor shall submit to the commission
Sponsor Report, Form CE-005 within 10 days of conclusion of approved courses
or workshops. Form CE-005 shall include pertinent data that is necessary for
the commission's legislative reports.
(m)
[
(n)
[
(o)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 21, 2000.
TRD-200002879
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: June 4, 2000
For further information, please call: (512) 407-3250
Chapter 809.
CHILD CARE AND DEVELOPMENT
Subchapter B. GENERAL MANAGEMENT REQUIREMENTS
For cases with two parents in the certified group,
]
The
[
the
] caretaker or second parent has had
loss of employment within the process month, application month, or the two
months prior to application.
Chapter 47.
PRIMARY HOME CARE
, when used in
this chapter,
shall] have the following meanings
when used in this chapter
, unless
the context clearly indicates otherwise.
(8)
] Days--All references to
number of days are based on calendar days unless the text clearly states otherwise.
(9)
] Department--The Texas
Department of Human Services.
(10)
] Emancipated minor--A
person under 18 years of age who has the power and capacity of an adult. This
includes a minor who has had the disabilities of minority removed by a court
of law or a minor who, with or without parental consent, has been married.
(11)
] Exploitation--The illegal
or improper act or process of a caretaker or others using an adult's resources
for monetary or personal benefit, profit, or gain.
(12)
] Family care--A nonskilled,
nontechnical in-home attendant service provided to eligible aged and disabled
adults who are functionally limited in performing daily activities.
(13)
] Income eligible--An
adult who is neither a Supplemental Security Income (SSI) or
Temporary
Assistance for Needy Families (TANF)
[
Aid to Families with Dependent
Children (AFDC)
] client, but who has income that is equal to or less
than the eligibility level established by the department.
(14)
] Institution--A nursing
home, personal care home, intermediate care facility for the mentally retarded
(ICF-MR), or state hospital.
(15)
] Medicaid eligible--An
individual who is eligible for Medicaid as an SSI or AFDC client, or who is
eligible for medical assistance only while living in the community.
(16)
] Neglect--Failure to
provide for oneself the goods or services that are necessary to avoid physical
harm, mental anguish, or mental illness; or the failure of a caretaker to
provide these goods or services.
(17)
] Person with a disability--A
person who, because of physical, mental, or developmental impairment, is limited
in his capacity to adequately perform one or more essential activities of
daily living. Activities of daily living include but are not limited to:
(18)
] Physician's order--An
order for primary home care services that is signed and dated by a medical
doctor (MD) or doctor of osteopathy (DO) who is licensed to practice medicine
and who does not have a prohibitive ownership or significant financial or
contractual relationship (42 Code of Federal Regulations) §405.1633(d)
with the agency that will deliver primary home care.
(19)
] Primary home care--In-home,
nontechnical, medically related service provided by an attendant to clients
whose chronic health problems cause them to be functionally limited in performing
activities of daily living.
(20)
] Prior approval--A decision
made by the department regional nurse/caseworker, before services begin and
before payment can be made, that the applicant or client meets the department
criteria for the requested service.
(21)
] Provider agency--A home
and community support services agency that has a contract with the department
to provide primary home care.
(22)
] RN supervisor--A nurse
who is currently licensed as a registered nurse by the Texas Board of Nurse
Examiners and who supervises the primary home care attendants.
(23)
] Special attendant--A
provider agency employee who can substitute for another attendant.
(24)
] Supervisor--A licensed
nurse or individual who meets home and community support services personal
assistance services licensing standards. For primary home care services, the
supervisor must be a registered nurse. This description applies when the term
"supervisor" is used as a stand-alone term. Other types of supervisors are
clearly referenced in context.
(25)
] Unit of service--One
hour of authorized service delivered to a prior-approved client.
(26)
]Waiver 5--Federally approved waiver
for individuals who meet income and resources criteria for Medicaid nursing
home placement in Texas and who meet functional assessment and medical criteria
for primary home care.
Subchapter D. PROVIDER CONTRACTS
the Texas Department of Health
]
within
[
with
] personal assistance services or licensed home
health services category of licensure; and
the Texas Department of Health
]
within
[
with
]
personal assistance services or licensed home health services category of
licensure.
Chapter 48.
COMMUNITY CARE FOR AGED AND DISABLED
, when used in these sections, shall
] have the following meanings
when used in these sections
,
unless the context clearly indicates otherwise.
CCAD
] services.
(11)
] Disabled/incapacitated
person--A person who, because of physical, mental, or developmental impairment,
is limited temporarily or permanently in his capacity to adequately perform
one or more essential activities of daily living, which include, but are not
limited to, personal and health care, moving around, communicating, and housekeeping.
(12)
] Earned income--Cash
or liquid resources that a client receives for services he performs as an
employee or as a result of self-employment . All other income is unearned
income.
(13)
] Emancipated minor--A
person under 18 who has the power and capacity of an adult. This includes
a minor who has had the disabilities of minority removed by a court of law
or a minor who, with or without parental consent, has been married. Marriage
includes common-law marriage.
(14)
] Emotional or verbal
abuse--Any use of verbal communication or other behavior to humiliate, intimidate,
vilify, degrade, or threaten with harm.
(15)
] Expedited response--A
face-to-face contact with an applicant by the caseworker within five calendar
days of the date of the applicant's request for services.
(16)
] Exploitation--The illegal
or improper act or process of a caregiver or others using an adult's income
and resources for monetary or personal benefit, profit, or gain.
(17)
] Facility--A legal entity
that contracts with the department to deliver to clients day services or 24-hour
residential services.
(18)
] Fraud--A deliberate
misrepresentation or intentional concealment of information in order to receive
or to be reimbursed for the delivery of services to which the individual is
not entitled.
(19)
] Functional need--An
individual's requirement for assistance with activities of daily living, caused
by a physical or mental limitation or disability.
(20)
] Immediate response--A
face-to-face contact with an applicant by the caseworker within 24 hours of
the applicant's request for services.
(21)
] Income eligible (I.E.)--An
adult who, although neither a Medicaid recipient nor a food stamp head of
household or spouse, nevertheless has income and resources equal to or less
than the eligibility level established by the department.
(22)
] Institution--A nursing
home, an intermediate care facility for the mentally retarded (ICF-MR), a
state school, or a state hospital.
(23)
] Liquid resource--Cash
or financial instruments that could be converted to cash within 20 workdays.
(24)
] Medicaid eligible--An
individual eligible for federal medical assistance as an SSI or AFDC client,
or eligible for medical assistance only (MAO) in a nursing home or while living
in the community or through a federally approved waiver.
(25)
] Medicare eligible--An
aged or disabled person who is a recipient of Social Security or railroad
retirement benefit payments and meets eligibility criteria to have certain
medical expenses paid by the federal Medicare program.
(26)
] Neglect--The failure
to provide for one's self the goods or services which are necessary to avoid
physical harm, mental anguish, or mental illness; or the failure of a caretaker
to provide the goods or services. (Chapter 48, Human Resources Code)
(27)
] Personal leave--Any
leave from a residential care facility except for hospitalization or institutionalization.
A day of personal leave is any period of 24 consecutive hours.
(28)
] Prior approval--A regional
nurse's authorization that payment may be made to a provider agency, because
a client meets the medical criteria for the requested Medicaid service.
(29)
] Provider agency--An
agency that has contracted with DHS to provide the CCAD services that DHS
has authorized for eligible clients.
(30)
] Resource--Any cash or
other liquid assets or any real or personal property owned by an individual
and spouse that could be converted to cash to use for support and maintenance.
(31)
] Responder--A person
who responds to an emergency response services (ERS) call activated by a client.
Responders may include relatives, neighbors, volunteers, or staff of a sheriff's
department, police department, emergency medical service, or fire department.
(32)
] Sexual abuse--Sexual
contact or conduct which is without the voluntary, informed consent of the
elderly or disabled adult.
(33)
] Supplemental security
income (SSI)--Monthly payments made by the Social Security Administration
(SSA) to an aged or disabled individual who meets the requirements for public
aid. SSA determines eligibility for SSI.
(34)
] Support system--The
network of family members, close friends, and neighbors who are usually available
and willing to provide regular or occasional assistance to a person.
(35)
] Unearned income--Income
received by a client from sources other than self-employment or employee work
activities.
(36)
] Unmet need--A requirement
for assistance with activities of daily living that cannot be met adequately
on an ongoing basis by friends, relatives, volunteers, or service agencies
other than DHS.
(37)
] Verbal referral--A referral
made by the caseworker to the provider agency in person or by telephone, no
later than the first workday after the caseworker's determination that the
applicant meets the criteria for an expedited or immediate response to a request
for service, and needs immediate service initiation.
Subchapter J. 1915(c) MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES FOR AGED AND DISABLED ADULTS WHO MEET CRITERIA FOR ALTERNATIVES TO NURSING FACILITY CARE
or
]
.
]
Chapter 48.
COMMUNITY CARE FOR AGED AND DISABLED
§
]401.681 et seq[
.
]) include:
transferred from
] the TXMHMR IH/FSP who have physical disabilities
and have been determined not to have a diagnosis of mental illness or mental
retardation,
or who have been denied assistance based on 25 TAC §401.685(4),
if they meet all eligibility criteria for DHS's program. If no openings
are available in DHS's program, the individuals will be placed on the waiting
list based on the original date of request for services from TXMHMR.
Chapter 49.
CONTRACTING FOR COMMUNITY CARE SERVICES
information letters
], the plan of operation (if applicable), and
DHS's procurement requirements;
the
] terminated
contract for six months after contract termination.
If the contract of
a home and community support services agency providing services for Primary
Home Care or Community Based Alternatives was involuntarily terminated, DHS
will not recontract with the agency for at least 24 months from the effective
date of the contract termination, except as provided by §47.4904(c)(2)
of this title (relating to Current Contractors) and §48.6030(c)(2) of
this title (relating to Current Contractors).
DHS reserves the right
not to recontract with the provider agency if it is not in the best interest
of DHS.
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
The purpose of this
section is to
] establish [
a system
] and set forth a procedure
for approving
continuing education
courses and
awarding
[
workshops for instruction and
] continuing education
units
for
[
of
] interpreters for the deaf [
mandated in the
Human Resources Code, §81.006(a)(5)
].
approved
] courses
or
[
and
] workshops
to award
[
for instruction and
] continuing education
units to
[
of
] interpreters for the deaf.
board
].
Board for Evaluation
of Interpreters
].
person in the commission
] who is designated to work with the commission
and board in administering the continuing education program, and who may be
addressed as follows: Coordinator, Continuing Education Program, Texas Commission
for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas 78711.
Texas Commission for the Deaf Board for Evaluation
of Interpreters
].
a certified
]
interpreter by the commission [
under the authority of the Human Resources
Code, §§81.007, 81.0071, and 81.0072
].
and training
] in the
discipline of interpreting in an educational setting or workshop.
(11)
Practitioner--An interpreter who
is certified under the laws of this state and who is capable of interpreting
for the deaf for the purpose of communication facility.
]
(12)
Provider--A statewide agents' association
or a professional association, or a local chapter of a national or statewide
agents' association or professional association; an accredited college or
university; a proprietary school; or an educational publisher; or a Texas
public school system; or a workshop consultant or sponsor.
]
(13)
] Sponsor--An individual
or group of individuals that offers or intends to offer a course of study
or workshop in the discipline of interpreting; provided, however, that the
individual or group is not employed in the capacity of instructor by sponsoring
an institution or workshop.
(14)
] Staff--Persons employed
in the commission.
. Continuing education for interpreters for the
deaf consists of a series of
] planned individual learning experiences
for skill building and acquiring knowledge
[
beyond the initial
certification evaluation program
] which
may be used by
[
qualifies
] a certificate holder
in their application for
[
for a
] renewal of interpreter certification in compliance with §183.75
of this title (relating to BEI Recertification Process).
Types
] of acceptable
training
[
learning
] experiences
: professional studies
or general studies
. [
Continuing education undertaken by a certificate
holder for interpreter certification renewal or any individual who may benefit
from a continuing education program shall be acceptable if the experience
falls in one or more of the following types:
]
for lectures or preparation time for articles for publication
];
at an institution which meets the accreditation standards acceptable
to the commission (e.g., accreditation by a recognized accrediting agency)
];
.
]
or
] 15 contact or
clock hours
are counted
for each
full
semester hour
earned
or 10 hours for each quarter semester hour earned
from [
an interpreting training or sign language curriculum of
] an accredited
college or university.
either before or after these programs occur
].
and
]
.
]
(j)
The retroactive approval. Courses and
workshops that occurred after September 1, 1987, will be retroactively approved
upon receipt of application for consideration of CEUs. The application for
the retroactive approval expires August 31, 1989.
]
(k)
] A listing of approved courses
and workshops. The commission will provide a list of approved courses and
workshops for instruction and continuing education of interpreters for the
deaf which will be revised and updated periodically. Any continuing education
activity must be provided by an approved provider or sponsor.
(l)
] CE form signatures. Each approved
provider or sponsor of continuing education experience will designate a specific
individual whose signature will be accepted as verification of a valid continuing
education experience. Unauthorized signatures will not be accepted.
(m)
] Record keeping. Forms, except
Form CE-004, as prescribed by the commission shall be maintained in the office
of the commission for records and audit. All continuing education reports
and records submitted or maintained for the purpose of certification or continued
course/workshop approval are subject to audit or review by the commission
or board.
(n)
] Certificate holder's responsibility
for record keeping. The certificate holders who successfully complete approved
courses or workshops are responsible for their own continuing education records.
This includes preserving for five years copies of the certifications received
upon completion of an approved course or workshop. The accuracy of a certificate
holder's records is subject to verification at any time, as more particularly
set forth in subsection (
l
[
m
]) of this section.
(o)
] Discrepancies in records. If
such records are audited or reviewed and are suspected of being falsified,
incomplete, or in any way questionable, the certificate holder or provider/sponsor
shall have 30 days in which to correct the discrepancies or submit new documentation.
In the case of a provider/sponsor, if the required corrections have not been
taken by the end of the 30-day period, approval may be withdrawn for any courses
or workshops administered by the provider or sponsor and that provider or
sponsor prevented from resubmitting or submitting any courses or workshops
for approval for a period of 180 days. In a case of a certificate holder,
if compliance has not been made within the 30-day period, the certificate
holder will be subject to the commission's disciplinary action.
(p)
] Distribution of rules and attachments.
A copy of these rules relating to the continuing education as promulgated
by the commission shall be given to any interested person upon request made
to the offices of the commission
and are posted on the agency's website
.
Part 20.
TEXAS WORKFORCE COMMISSION