TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 19. NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION

Subchapter X. REQUIREMENTS FOR MEDICAID-CERTIFIED FACILITIES

40 TAC §19.2322

The Texas Department of Human Services (DHS) adopts an amendment to §19.2322 without changes to the proposed text published in the April 27, 2001, issue of the Texas Register (26 TexReg 3155). The amendment will not be republished.

Justification for removing the requirement that waiver beds for underserved minorities be located in a county with a total population of at least 1,000,000 is to enable minority populations to reside in facilities closer to their homes and families.

The department received no comments regarding adoption of the amendment.

The amendment is adopted under the Human Resources Code, Title 2, Chapters 22 and 32, which authorizes the department to administer public and medical assistance programs and under Texas Government Code §531.021, which provides the Health and Human Services Commission with the authority to administer federal medical assistance funds.

The amendment implements the Human Resources Code, §§22.001- 22.030 and §§32.001-32.042.

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

Filed with the Office of the Secretary of State on June 27, 2001.

TRD-200103643

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: August 1, 2001

Proposal publication date: April 27, 2001

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