Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
Subchapter G. RESOURCES
40 TAC §3.704
The Texas Department of Human Services (DHS) adopts an amendment
to §3.704 without changes to the proposed text published in the March
1, 2002, issue of the
Texas Register
(27 TexReg
1469).
Justification for the amendment is to allow an exclusion of $15,000 of
the fair market value of one motor vehicle owned by a Temporary Assistance
for Needy Families-State Program (TANF-SP) family. The same exclusion will
be allowed when determining Food Stamp Program eligibility. DHS also proposes
to apply the policy to two-parent families who apply for the Medically Needy
Program. Ownership of reliable transportation will be allowed, making it easier
for TANF-SP recipients to participate in work. In addition, the deletion of
State Welfare Reform Control Group language in §3.704(b)(9) is a result
of the Achieving Change for Texans (ACT) waiver expiration on March 31, 2002.
The removal of control groups will create consistency by making the same TANF
policy applicable to all TANF applicants and recipients after April 1, 2002.
The department received no comments regarding the adoption of the amendment.
The amendment is adopted under the Human Resources Code, Title
2, Chapter 31, which authorizes DHS to administer financial assistance programs.
The amendment implements the Human Resources Code, §§31.001-31.030.
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 5, 2002.
TRD-200202150
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 25, 2002
Proposal publication date: March 1, 2002
For further information, please call: (512) 438-3734
Subchapter A. CHILD AND ADULT CARE FOOD PROGRAM
40 TAC §§12.3, 12.4, 12.24 - 12.26
The Texas Department of Human Services (DHS) adopts amendments
to §§12.3, 12.4, 12.24, 12.25, and 12.26 without changes to the
proposed text published in the February 15, 2002, issue of the
Texas Register
(27 TexReg 1120).
Justification for the amendments is to comply with amendments made by the
Agricultural Risk Protection Act of 2000, also known as Public Law 106-224,
to the Richard B. Russell National School Lunch Act, including a requirement
affecting the termination process for institutions participating in the Child
and Adult Care Food Program (CACFP) and their day care home providers. According
to the Act, a state agency administering the CACFP must now include the following
information in its written notice of intent to terminate the participation
of a contractor. If the contractor requests an appeal within the specified
time, the contractor may continue to participate in the CACFP through the
completion of the appeal process and receive reimbursement during this time
for eligible meals provided to eligible participants and for eligible administrative
costs. If the state agency's action is upheld by the hearings officer, the
contractor's agreement will be terminated effective on the date the appeal
findings are issued. Agreements of contractors who choose not to request an
appeal or fail to do so within the specified time frame will be terminated
according to the date provided in the written notice of intent to terminate.
If a state agency takes action to terminate the participation of a contractor
based on imminent dangers to the health or welfare of participants, that contractor
is terminated immediately and will not be reimbursed for any services provided
during the appeal process.
The Act also requires contractors who sponsor the program participation
of day care home providers to notify seriously deficient providers, in writing,
that they have been determined to be seriously deficient and that failure
to correct the serious deficiency will result in the termination of the provider's
agreement and placement on United States Department of Agriculture's National
Disqualified List (NDL). The notice must specify the serious deficiency upon
which the action is based, the actions the provider must take to correct the
serious deficiency, and the period of time allowed to correct the deficiency.
If the sponsor determines the provider has not taken corrective action to
fully and permanently correct the serious deficiency within the specified
time, the sponsor must provide written notice of their intent to terminate
the provider's agreement "for cause." This notice must inform the provider
that they may appeal the decision to terminate their agreement for cause and
include the procedures the provider must follow to appeal the sponsor's action.
The notice must also inform the provider that they may continue to participate
in the CACFP and be reimbursed for eligible meals served until the appeal
is completed, and that providers terminated for cause will be placed on the
NDL. If a sponsor takes action to terminate the participation of a provider
based on imminent dangers to the health or welfare of participants, that provider
is terminated immediately and will not be reimbursed for any services provided
during the appeal process.
The department received no comments regarding adoption of the amendments.
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 adopted under the Human Resources Code, Title
2, Chapters 22 and 33, which authorizes the department to administer public
and nutritional assistance programs.
The amendments implement the Human Resources Code, §§22.001-22.030
and §§33.001-33.024.
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 4, 2002.
TRD-200202136
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2002
Proposal publication date: February 15, 2002
For further information, please call: (512) 438-3734
Subchapter C. NURSING FACILITY LICENSURE APPLICATION PROCESS
40 TAC §19.201, §19.211
The Texas Department of Human Services (DHS) adopts an amendment
to §19.201 and new §19.211 without changes to the proposed text
published in the February 15, 2002, issue of the
Texas Register
(27 TexReg 1124).
Justification for the amendment to §19.201 is to clearly inform providers
of the information they must disclose to DHS, which is consistent with the
criteria DHS may use to deny or renew a license. The applicant must disclose
any state or federal criminal convictions for any offense that imposes a penalty
of incarceration. The requirement to disclose convictions of moral turpitude
has been removed, because there is no clear definition of moral turpitude.
Justification for new §19.211 is to incorporate current internal procedures
for handling licensure requirements when a nursing facility relocates to a
different location.
DHS received no comments regarding adoption of the amendment and new section.
The amendment and new section are adopted under the Health and
Safety Code, Chapter 242, which authorizes DHS to license and regulate nursing
homes.
The amendment and new section implement the Health and Safety Code, §§242.001-
242.268.
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 4, 2002.
TRD-200202127
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2002
Proposal publication date: February 15, 2002
For further information, please call: (512) 438-3734
Subchapter B. APPLICATION PROCEDURES
40 TAC §90.11, §90.22
The Texas Department of Human Services (DHS) adopts an amendment
to §90.11 and new §90.22 without changes to the proposed text published
in the February 15, 2002, issue of the
Texas Register
(27 TexReg 1129).
Justification for the amendment to §90.11 is to clearly inform providers
of the information they must disclose to DHS, which is consistent with the
criteria DHS may use to deny or renew a license. The applicant must disclose
any state or federal criminal convictions for any offense that imposes a penalty
of incarceration. The requirement to disclose convictions of moral turpitude
has been removed, because there is no clear definition of moral turpitude.
Justification for new §90.22 is to incorporate current internal procedures
for handling licensure requirements when an intermediate care facility for
persons with mental retardation or related conditions relocates to a different
location.
DHS received no comments regarding adoption of the amendment and new section.
The amendment and new section are adopted under the Health and
Safety Code, Chapter 252, which authorizes DHS to license and regulate intermediate
care facilities for the mentally retarded.
The amendment and new section implement the Health and Safety Code, §§252.001-
252.186.
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 4, 2002.
TRD-200202128
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2002
Proposal publication date: February 15, 2002
For further information, please call: (512) 438-3734
Subchapter B. APPLICATION PROCEDURES
40 TAC §§92.10, 92.14, 92.17, 92.23
The Texas Department of Human Services (DHS) adopts amendments
to §92.10, §92.14, §92.17, and new §92.23 without changes
to the proposed text published in the February 15, 2002, issue of the
Justification for the amendment to §92.10 is to clearly inform providers
of the information they must disclose to DHS, which is consistent with the
criteria DHS may use to deny or renew a license. The applicant must disclose
any state or federal criminal convictions for any offense that imposes a penalty
of incarceration. The requirement to disclose convictions of moral turpitude
has been removed, because there is no clear definition of moral turpitude.
Justification for the amendments to §92.14 and §92.17 is to correct
a reference. Justification for new §92.23 is to incorporate current internal
procedures for handling licensure requirements when an assisted living facility
relocates to a different location.
DHS received no comments regarding adoption of the amendments and new section.
The amendments and new section are adopted under the Health and
Safety Code, Chapter 247, which authorizes DHS to license and regulate assisted
living facilities.
The amendments and new section implement the Health and Safety Code, §§247.001-
247.068.
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 4, 2002.
TRD-200202129
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 1, 2002
Proposal publication date: February 15, 2002
For further information, please call: (512) 438-3734
Subchapter B. APPLICATION PROCEDURES
Chapter 12.
SPECIAL NUTRITION PROGRAMS
Chapter 19.
NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
Chapter 90.
INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS
Chapter 92.
LICENSING STANDARDS FOR ASSISTED LIVING FACILITIES
Chapter 98.
ADULT DAY CARE AND DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS