Part 1.
TEXAS DEPARTMENT OF HEALTH
Chapter 97.
COMMUNICABLE DISEASES
Subchapter F. SEXUALLY TRANSMITTED DISEASES INCLUDING ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) AND HUMAN IMMUNODEFICIENCY VIRUS (HIV)
25 TAC §§97.131, 97.134, 97.137, 97.140, 97.142, 97.144
The Texas Department of Health (department) adopts amendments
to §§97.131, 97.134, 97.137, 97.140, 97.142, and 97.144 concerning
sexually transmitted diseases including acquired immunodeficiency syndrome
(AIDS) and human immunodeficiency virus (HIV) without changes to the proposed
text as published in the March 9, 2001, issue of the
Texas Register
(26 TexReg 1977), and therefore the sections will not
be republished.
Government Code §2001.039 requires that each state agency review and
consider for readoption each rule adopted by that agency pursuant to Government
Code, Chapter 2001 (Administrative Procedure Act). Sections 97.131 - 97.146
have been reviewed and the department has determined that reasons for adopting
the sections continue to exist; specific amendments covering definitions;
how to report sexually transmitted disease; exposure of health-care personnel
to AIDS, HIV infection; counseling and testing for state employees exposed
to HIV infection on the job; model health education program/resource guide
for HIV/AIDS education of school-age children; and model policies for handling,
care, and treatment of HIV/AIDS-infected persons in the custody of or under
the supervision of correctional facilities, law enforcement agencies, fire
departments, emergency medical services providers, and district probation
departments are necessary and described in this preamble.
The department published a Notice of Intention to Review §§97.131
- 97.146 as required by Government Code §2001.039 in the
Texas Register
on January 14, 2000 (25 TexReg 275). No comments were
received due to this publication.
The adopted amendment to §97.131 deletes a reference to the United
States Public Health Service and retains the definition of AIDS and HIV infection
as defined by the Centers for Disease Control and Prevention. The amendment
adds the four-digit expanded code "-3199" to the department's zip code.
The adopted amendment to §97.134 pluralizes the word disease in the
title of the section, and adds the four-digit expanded code "-3199" to the
department's zip code.
The adopted amendment to §97.137 deletes the specific name of the
publication to which health-care personnel should refer to prevent job-related
exposures to HIV infection, and re-directs them to follow the most current
guidance provided by the Centers for Disease Control and Prevention. This
adopted amendment is necessary to prevent incorrect reference to federal guidance
which may be subject to title change, and refers stakeholders to contact the
department for publications related to the prevention of HIV or AIDS.
The adopted amendment to §97.140 deletes the specific name of the
publication which provides guidelines for counseling state employees who are
exposed to HIV on the job, and re-directs them to follow the most current
guidelines developed by the department. This adopted amendment is necessary
to prevent incorrect reference to department guidance which may be subject
to title change. The adopted amendment also reflects a change of name and
address for the State Office of Risk Management.
The adopted amendment to §97.142 deletes the specific name of the
publication which provides information on the model education program and
also serves as a resource guide for health educators in accordance with the
Health and Safety Code, Chapter 85, §§85.004 - 85.005 and §85.007,
and Chapter 163, §§163.001 - 163.002. This adopted amendment is
necessary to prevent incorrect reference to department guidance which may
be subject to title change. The adopted amendment also removes language that
reflected a charge would be imposed for copies of the publication. Adopted
amended language makes copies available upon request.
The adopted amendment to §97.144 deletes the specific name of the
publication which serves as model policies concerning persons in custody as
required by the Health and Safety Code, Chapter 85, §85.141. This adopted
amendment is necessary to prevent incorrect reference to department guidance
which may be subject to title change. The adopted amendment also reflects
a change of name in the program from which copies may be obtained.
Minor editorial changes were made in the proposed rules to clarify intent
and improve the accuracy of the sections.
No comments were received on the proposal during the comment period.
The amendments are adopted under the Health and Safety Code, §81.004,
which provides the board authority to adopt rules necessary for the effective
administration and implementation of Chapter 81, Communicable Diseases; §85.016,
which provides the board with authority to adopt rules necessary to implement
Subchapters A through F of Chapter 85, Acquired Immune Deficiency Syndrome
and Human Immunodeficiency Virus Infection; and the Health and Safety Code, §12.001,
which provides the board with the authority to adopt rules for its procedure
and for the performance of each duty imposed by law on the board, the department,
or the commissioner of health.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on July 16, 2001.
TRD-200104102
Susan Steeg
General Counsel
Texas Department of Health
Effective date: August 5, 2001
Proposal publication date: March 9, 2001
For further information, please call: (512) 458-7236
Chapter 406.
ICF/MR PROGRAMS
Subchapter C. VENDOR PAYMENTS
25 TAC §§406.101, 406.103 - 406.107
The Texas Department of Mental Health and Mental Retardation
(department) adopts the repeal of Chapter 406, Subchapter C, governing vendor
payments, without changes to the text as proposed in the March 30, 2001, issue
of the
Texas Register
(26 TexReg 2479).
Except for §406.106, the subject matter of the subchapter is addressed
in new sections of Chapter 419, Subchapter E, governing ICF/MR Programs. The
department does not believe that the subject matter of §406.106 should
be required.
The repeal is part of a comprehensive reorganization of chapters and subchapters
within the department's portion of the Texas Administrative Code in conjunction
with the sunset review of agency rules required by Texas Government Code, §2001.039
(as added by Senate Bill 178, Section 1.11, 76th Legislature).
No written comments were received concerning the proposed repeal.
The repeals are adopted under the Texas Health and Safety Code, §532.015(a),
which provides the Texas Board of Mental Health and Mental Retardation with
broad rulemaking authority; the Texas Government Code, §531.021(a), and
the Texas Human Resources Code, §32.021(a), which provide the Texas Health
and Human Services Commission (HHSC) with the authority to administer the
federal medical assistance (Medicaid) program in Texas; Acts 1995, 74th Texas
Legislature, Chapter 6, §1, (Senate Bill 509), which clarifies the authority
of HHSC to delegate the operation of all or part of a Medicaid program to
a health and human services agency; and the Human Resources Code, §32.021(c),
which provides an agency operating part of the Medicaid program with the authority
to adopt necessary rules for the proper and efficient operation of the program.
HHSC has delegated to the department the authority to operate the ICF/MR Program.
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 July 18, 2001.
TRD-200104171
Andrew Hardin
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: September 1, 2001
Proposal publication date: March 30, 2001
For further information, please call: (512) 206-5232
25 TAC §§406.201 - 406.217
The Texas Department of Mental Health and Mental Retardation
(department) adopts the repeal of Chapter 406, Subchapter E, governing eligibility
and review, without changes to the text as proposed in the May 18, 2001, issue
of the
Texas Register
(26 TexReg 3599).
Except for §406.216, the subject matter of the subchapter is addressed
in new sections of Chapter 419, Subchapter E, governing ICF/MR Programs. The
department does not believe that the subject matter of §206.216 should
be required.
The repeal is part of a comprehensive reorganization of chapters and subchapters
within the department's portion of the Texas Administrative Code in conjunction
with the sunset review of agency rules required by Texas Government Code, §2001.039
(as added by Senate Bill 178, §1.11, 76th Legislature).
No written comments were received concerning the proposed repeal.
The repeal is adopted under the Texas Health and Safety Code, §532.015(a),
which provides the Texas Board of Mental Health and Mental Retardation with
broad rulemaking authority; the Texas Government Code, §531.021(a), and
the Texas Human Resources Code, §32.021(a), which provide the Texas Health
and Human Services Commission (HHSC) with the authority to administer the
federal medical assistance (Medicaid) program in Texas; Acts 1995, 74th Texas
Legislature, Chapter 6, §1, (Senate Bill 509), which clarifies the authority
of HHSC to delegate the operation of all or part of a Medicaid program to
a health and human services agency; and the Human Resources Code, §32.021(c),
which provides an agency operating part of the Medicaid program with the authority
to adopt necessary rules for the proper and efficient operation of the program.
HHSC has delegated to the department the authority to operate the ICF/MR Program.
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 July 18, 2001.
TRD-200104172
Andrew Hardin
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: September 1, 2001
Proposal publication date: May 18, 2001
For further information, please call: (512) 206-5232
25 TAC §§406.302 - 406.309, 406.311
The Texas Department of Mental Health and Mental Retardation
(department) adopts the repeals of §§406.302-406.309 and §406.311
of Chapter 406, Subchapter G, governing additional facility responsibilities,
without changes to the text as proposed in the March 30, 2001, issue of the
The subject matter of the following sections that are being repealed is
addressed in new sections of Chapter 419, Subchapter E, governing ICF/MR Program: §406.303,
governing facility capacity; §406.304, governing release from the facility; §406.308,
record retention and other related record requirements; §406.309, governing
abuse and neglect reporting requirements; and §406.311, governing living
options. The subject matter of the following sections that are being repealed
is not addressed in the new sections because those topics already are addressed
in either federal regulations or Texas Department of Health rules: §406.302,
governing day services; §406.305, governing health and hygiene services; §406.306,
governing requirements for self-administration of medication; and §406.307,
governing medical transportation.
The repeals are part of a comprehensive reorganization of chapters and
subchapters within the department's portion of the Texas Administrative Code
in conjunction with the sunset review of agency rules required by Texas Government
Code, §2001.039 (as added by Senate Bill 178, Section 1.11, 76th Legislature).
No written comments were received concerning the proposed repeal.
The repeals are adopted under the Texas Health and Safety Code, §532.015(a),
which provides the Texas Board of Mental Health and Mental Retardation with
broad rulemaking authority; the Texas Government Code, §531.021(a), and
the Texas Human Resources Code, §32.021(a), which provide the Texas Health
and Human Services Commission (HHSC) with the authority to administer the
federal medical assistance (Medicaid) program in Texas; Acts 1995, 74th Texas
Legislature, Chapter 6, §1, (Senate Bill 509), which clarifies the authority
of HHSC to delegate the operation of all or part of a Medicaid program to
a health and human services agency; and the Human Resources Code, §32.021(c),
which provides an agency operating part of the Medicaid program with the authority
to adopt necessary rules for the proper and efficient operation of the program.
HHSC has delegated to the department the authority to operate the ICF/MR Program.
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 July 18, 2001.
TRD-200104173
Andrew Hardin
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: September 1, 2001
Proposal publication date: March 30, 2001
For further information, please call: (512) 206-5232
Subchapter L. MENTAL RETARDATION LOCAL AUTHORITY (MRLA) PROGRAM
25 TAC §§409.505, 409.523, 409.525
The Texas Department of Mental Health and Mental Retardation
(department) adopts amendments to §409.505, concerning eligibility criteria, §409.523
concerning maintenance of MRLA program waiting list, and §409.525, concerning
process for referral and enrollment of individuals, of Chapter 409, Subchapter
L, concerning mental retardation local authority (MRLA) program, without changes
to the text as proposed in the June 1, 2001, issue of the
Texas Register
(26 TexReg 3914).
The amendments to §409.505, concerning eligibility criteria, correspond
to recently approved revisions in Intermediate Care Facilities for Persons
with Mental Retardation (ICF/MR) Program rules that combine the criteria for
level-of-care (LOC) I, V, and VI under a single LOC designation, LOC I, while
retaining the current LOC VIII designation. The amendments also update references
to new sections of Chapter 419, Subchapter E, concerning ICF/MR Program rules,
which were approved for adoption in June by the Texas Mental Health and Mental
Retardation Board. A reference to the new ICF/MR Program rules also is updated
by an amendment to §409.525, concerning process for referral and enrollment
of individuals.
The amendments to §409.523, concerning maintenance of MRLA program
waiting list, changes the length of time an applicant or the applicant's legally
authorized representative (LAR) has to respond to an MRA's notification that
a program opening is available to the applicant. The current rule permits
60 calendar days; the amendments shorten the time to 20 working days. In addition,
the amendments allow the MRA to remove an applicant's name from the waiting
list if the applicant or the LAR does not respond to the MRA's attempts to
contact the applicant or LAR during the MRA's annual update of its waiting
list. The amendments also add provisions allowing an applicant's name to be
re-instated to the MRA's waiting list based on the department's review of
the circumstances under which the name was removed.
A hearing to accept public comment concerning the proposed amendments was
held on June 13, 2001, in Austin. No testimony was presented. Written comments
were received from the parent/guardian of a state MR facility resident, Garland;
and the Parent Association for the Retarded of Texas, Austin.
Concerning the amendments to §§409.505 and 409.523, two commenters
questioned why the criteria for level-of-care (LOC) I, V, and VI have been
combined under a single LOC designation, LOC I, while retaining the current
LOC VIII designation. The department responds that because the assignments
of LOCs for the waiver programs are based upon criteria used in the ICF/MR
Program, these rules were revised to be consistent with changes in the ICF/MR
program to be effective September 1, 2001. The revision of the ICF/MR Program
rules combined three levels of care for a diagnosis of mental retardation
to one level of care. Upon implementation of the revision there will be one
level of care for the diagnosis of mental retardation and one level of care
for the diagnosis of a related condition.
Concerning the amendments to §419.165, two commenters asked what method
an MRA uses to contact applicants and LARs and how the attempts are documented.
The commenters asked if the contact is by registered letter, which requires
a proof of receipt, and whether more than one attempt is made to contact the
applicant or LAR. The department responds that the contract between the department
and an MRA requires MRA staff to attempt to contact the individual or LAR.
If attempts to contact the individual or LAR are unsuccessful, the MRA must
contact the individual by certified mail, telephone, or face-to-face to determine
continued interest in having the individual's name remain on the waiting list.
The MRA must document these efforts in the Client Assignment and Registration
System (CARE).
The amendments are adopted under the Texas Health and Safety
Code, §532.015(a), which provides the Texas Board of Mental Health and
Mental Retardation with broad rulemaking authority; the Texas Government Code, §531.021(a),
and the Texas Human Resources Code, §32.021(a), which provide the Texas
Health and Human Services Commission (THHSC) with the authority to administer
the federal medical assistance (Medicaid) program in Texas; Acts 1995, 74th
Texas Legislature, Chapter 6, §1, (Senate Bill 509), which clarifies
the authority of THHSC to delegate the operation of all or part of a Medicaid
program to a health and human services agency; and the Human Resources Code, §32.021(c),
which provides an agency operating part of the Medicaid program with the authority
to adopt necessary rules for the proper and efficient operation of the program.
THHSC has delegated to the department the authority to operate the MRLA Program.
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 July 18, 2001.
TRD-200104170
Andrew Hardin
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: September 1, 2001
Proposal publication date: June 1, 2001
For further information, please call: (512) 206-5232
Subchapter D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM
Part 2.
TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION
Subchapter E. ELIGIBILITY AND REVIEW
Subchapter G. ADDITIONAL FACILITY RESPONSIBILITIES
Chapter 409.
MEDICAID PROGRAMS
Chapter 419.
MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES