TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 2. MEDICALLY NEEDY PROGRAM

Subchapter A. PROGRAM REQUIREMENTS

40 TAC §2.1016

The Texas Department of Human Services (DHS) adopts an amendment to §2.1016 published in the February 9, 2001, issue of the Texas Register (26 TexReg 1244). The amendment is adopted without changes to the proposed text, and will not be republished. DHS is simultaneously filing a related adoption in Chapters 4 and 15 in this issue of the Texas Register .

Justification for the amendment is to meet requirements in §531.110 of the Texas Government Code. The 76th Texas Legislature mandated the establishment of procedures to verify automated data matches for Medicaid recipients.

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, and Texas Government Code §531.110(e).

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 11, 2001.

TRD-200102080

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 9, 2001

For further information, please call: (512) 438-3108


Chapter 4. MEDICAID PROGRAMS--CHILDREN AND PREGNANT WOMEN

Subchapter A. ELIGIBILITY REQUIREMENTS

40 TAC §4.1016

The Texas Department of Human Services (DHS) adopts an amendment to §4.1016 published in the February 9, 2001, issue of the Texas Register (26 TexReg 1245). The amendment is adopted without changes to the proposed text, and will not be republished. DHS is simultaneously filing a related adoption in Chapters 2 and 15 in this issue of the Texas Register .

Justification for the amendment is to meet requirements in §531.110 of the Texas Government Code. The 76th Texas Legislature mandated the establishment of procedures to verify automated data matches for Medicaid recipients.

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, and Texas Government Code §531.110(e).

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 11, 2001.

TRD-200102081

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 9, 2001

For further information, please call: (512) 438-3108


Chapter 15. MEDICAID ELIGIBILITY

Subchapter A. GENERAL INFORMATION

The Texas Department of Human Services (DHS) adopts amendments to §§15.100, 15.435 and 15.442 without changes to the proposed text published in the February 9, 2001 issue of the Texas Register (26 TexReg 1246). The amendments are adopted without changes to the proposed text, and will not be republished.

Justification for amendments to these sections is to clarify policy for Medicaid eligibility field staff. DHS uses policy established by the Social Security Administration for the Supplemental Income program for burial funds and bank accounts (20 CFR 416.1200ff). The rule amendments are to restate and clarify DHS policy regarding bank accounts and burial funds.

The department received no comments regarding adoption of the amendments.

40 TAC §15.100

The amendments are 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 amendments implement the Human Resources Code, §§22.001- 22.030 and §§32.001-32.042.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 10, 2001.

TRD-200102038

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 9, 2001

For further information, please call: (512) 438-3108


Subchapter D. RESOURCES

40 TAC §15.435, §15.442

The amendments are 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 amendments implement the Human Resources Code, §§22.001- 22.030 and §§32.001-32.042.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on April 10, 2001.

TRD-200102039

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 9, 2001

For further information, please call: (512) 438-3108


Chapter 15. MEDICAID ELIGIBILITY

Subchapter C. BASIC PROGRAM REQUIREMENTS

40 TAC §15.305

The Texas Department of Human Services (DHS) adopts an amendment to §15.305 published in the February 9, 2001, issue of the Texas Register (26 TexReg 1247). The amendment is adopted without changes to the proposed text, and will not be republished. DHS is simultaneously filing a related adoption in Chapters 2 and 4 in this issue of the Texas Register .

Justification for the amendment is to meet requirements in §531.110 of the Texas Government Code. The 76th Texas Legislature mandated the establishment of procedures to verify automated data matches for Medicaid recipients.

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, and Texas Government Code §531.110(e).

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 11, 2001.

TRD-200102082

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 9, 2001

For further information, please call: (512) 438-3108


Chapter 73. CIVIL RIGHTS

The Texas Department of Human Services (DHS) adopts the repeal of §§73.1 - 73.12, 73.2107, 73.3001 - 73.3004, 73.3101, 73.3201 - 73.3204, and§73.3301-73.3311; and new Subchapter A, Purpose and Application; Subchapter B, Discrimination Prohibited; Subchapter C, Civil Rights Responsibilities; Subchapter D, Dissemination of Information and Training; Subchapter E, Complaints of Discrimination; Subchapter F, Compliance Reviews and Standards; and Subchapter G, Contract Compliance, composed of new §§73.1, 73.2, 73.100, 73.101, 73.200 - 73.212, 73.300 - 73.302, 73.400 - 73.413, 73.500, 73.501, and 73.600 without changes to the proposed text in the February 16, 2001, issue of the Texas Register (26 TexReg 1478). The text will not be republished.

Justification for the adoptions is to comply with required changes resulting from the passage of the Americans with Disabilities Act, the Civil Rights Restoration Act, and amendments and changes in the Code of Federal Regulations. The rules are being repealed and new rules proposed in accordance with §2001.039 of the Government Code.

The department received no comments regarding the repeals and new sections.

Subchapter A. CIVIL RIGHTS ADMINISTRATION AND STATEMENT OF COMPLIANCE

40 TAC §§73.1 - 73.12

The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The repeals implement the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102049

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


40 TAC §73.1, §73.2

The new sections are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The new sections implement the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102050

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


Subchapter B. DISCRIMINATION PROHIBITED

40 TAC §73.100, §73.101

The new sections are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The new sections implement the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102051

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


Subchapter C. CIVIL RIGHTS RESPONSIBILITIES

40 TAC §§73.200 - 73.212

The new sections are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The new sections implement the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102052

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


Subchapter D. DISSEMINATION OF INFORMATION AND TRAINING

40 TAC §§73.300 - 73.302

The new sections are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The new sections implement the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102053

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


Subchapter E. COMPLAINTS OF DISCRIMINATION

40 TAC §§73.400 - 73.413

The new sections are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The new sections implement the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102054

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


Subchapter F. COMPLIANCE REVIEWS AND STANDARDS

40 TAC §73.500, §73.501

The new sections are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The new sections implement the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102055

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


Subchapter G. CONTRACT COMPLIANCE

40 TAC §73.600

The new section is adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The new section implements the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102056

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


Subchapter V. USE OF DEPARTMENT FACILITIES BY PUBLIC EMPLOYEES ORGANIZATIONS

40 TAC §73.2107

The repeal is adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The repeal implements the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102057

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


Subchapter EE. LEGAL BASIS

40 TAC §§73.3001 - 73.3004

The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The repeals implement the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102058

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


Subchapter FF. COMPLIANCE BY CONTRACTED AGENTS

40 TAC §73.3101

The repeal is adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The repeal implements the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102059

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


Subchapter GG. DISSEMINATION OF INFORMATION AND TRAINING

40 TAC §§73.3201 - 73.3204

The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The repeals implement the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102060

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108


Subchapter HH. COMPLAINTS

40 TAC §§73.3301 - 73.3311

The repeals are adopted under the Human Resources Code, Title 2, Chapter 22, which authorizes the department to administer public assistance programs.

The repeals implement the Human Resources Code, §§22.001-22.030.

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, 2001.

TRD-200102061

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 1, 2001

Proposal publication date: February 16, 2001

For further information, please call: (512) 438-3108