25 TAC §§32.401 - 32.408
On behalf of the State Medicaid Director, the Texas Department
of Health (department) adopts the repeal of §§32.401 - 32.408, concerning
early childhood intervention case management services without changes to the
proposed text as published in the October 5, 2001, issue of the
Texas Register
(26 TexReg 7758), and therefore the repeals will not
be republished.
Specifically, the sections cover introduction; definitions; reimbursable
services; recipient eligibility for Early Childhood Intervention (ECI) case
management services; provider reimbursement; conditions for case management
provider participation; qualified personnel; and retention of records.
Effective September 1, 1993, the 73rd Texas legislature transferred responsibility
for the Texas Early Childhood Intervention (ECI) Program from the department
to the Interagency Council on Early Childhood Intervention (council). Acts
1993, 73rd Legislature, Chapter 747, §54(b) provided that any department
rule regarding the council or its functions existing on September 1, 1993
was continued in effect until superseded by a rule of the council. The department
has determined that §§32.401 - 32.408 have been superseded by the
adoption of §§621.121 - 621.140 of this title (relating to Case
Management Services For Infants and Toddlers with Developmental Disabilities).
The department adopts the repeal of §§32.401 - 32.408 because the
sections are duplicative and unnecessary.
The department received no comments concerning the proposed repeals.
The repeals are adopted under Health and Safety Code, §12.001,
which provides the Texas Board of Health (board) with the authority to adopt
rules for the performance of every duty imposed by law on the board, the department,
and 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 December 20, 2001.
TRD-200108139
Susan K. Steeg
General Counsel
Texas Department of Health
Effective date: January 9, 2002
Proposal publication date: October 5, 2001
For further information, please call: (512) 458-7236