Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 15.
MEDICAID ELIGIBILITY
The Texas Department of Human Services (DHS) proposes amendments to §15.100,
concerning definitions; §15.450, concerning general principles concerning
income; and §15.619, concerning administrative denials; and new §15.401,
concerning fiduciary agent, in its Medicaid Eligibility chapter. The purpose
of the amendments to §15.100 and §15.450 and new §15.401 is
to clarify the treatment of a fiduciary (financial) agent. If the client is
the agent for another person, the income and resources of that person are
not countable to the client. If the client has a fiduciary agent, the client's
income and resources are available to him, unless otherwise excludable. The
purpose of the amendment to §15.619 is to clarify the time frame for
rescheduling a missed appointment for an application interview. In the proposed
rule, the eligibility specialist sends a notice scheduling a second appointment
that is no earlier than seven days after the date of the second notice.
James R. Hine, Commissioner, has determined that for the first five-year
period the proposed sections will be in effect, there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
sections.
Mr. Hine also has determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
adoption of the proposed rules will be to ensure that eligibility staff apply
policy correctly and consistently, statewide. There will be no effect on small
or micro businesses as a result of enforcing or administering the sections,
because the policy applies only to the client's financial eligibility for
Medicaid benefits, not to the operation of business. There is no anticipated
economic cost to persons who are required to comply with the proposed sections.
There is no anticipated effect on local employment in geographic areas affected
by these sections.
Questions about the content of this proposal may be directed to Judy Coker
at (512) 438-3227 in DHS's Medicaid Eligibility section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-047,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
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.
Subchapter A. GENERAL INFORMATION
40 TAC §15.100
The amendment is proposed 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.
§15.100.Definitions.
The following words and terms, when used in this chapter, have the
following meanings unless the context clearly indicates otherwise:
(1) - (42)
(No change.)
(43)
Fiduciary agent--
A person or organization acting
on behalf of and/or with the authorization of another person. The term applies
to anyone who acts in a financial capacity, whether formal or informal, regardless
of his title, such as representative payee, guardian, or conservator
[
(44) - (138)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on February 22, 2002.
TRD-200201085
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 438-3734
40 TAC §15.401
The new section is proposed 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 new section implements the Human Resources Code, §§22.001
- 22.030 and §§32.001 - 32.042.
§15.401.Fiduciary Agent.
(a)
A fiduciary agent is a person or organization acting on
behalf of and/or with the authorization of another person. The term applies
to anyone who acts in a financial capacity, whether formal or informal, regardless
of his title, such as representative payee, guardian, or conservator.
(b)
An action by a fiduciary agent is the same as an action
by the person for whom he acts.
(c)
Assets held by a client in his capacity as fiduciary agent
for someone else are not countable assets to the client. Assets held by a
fiduciary agent for a client are considered as available to the client, unless
otherwise excludable.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on February 22, 2002.
TRD-200201086
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 438-3734
40 TAC §15.450
The amendment is proposed 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.
§15.450.General Principles Concerning Income.
(a) - (h)
(No change.)
(i)
A fiduciary agent is a person or organization
acting on behalf of and/or with the authorization of another person. The term
applies to anyone who acts in a financial capacity, whether formal or informal,
regardless of his title, such as representative payee, guardian, or conservator.
(1)
An action by a fiduciary agent is the same as an action
by the person for whom he acts.
(2)
Monies received by a client in his capacity as a fiduciary
agent for someone else are not income to the client, provided the client disburses
the monies to or for the benefit of the other person. If the agent is authorized
to keep part of the funds as compensation for services rendered, the fees,
commissions, or contributions are unearned income to the client.
(3)
Monies received by a fiduciary agent for a client are charged
as income to the client when received by the agent.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on February 22, 2002.
TRD-200201087
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 438-3734
40 TAC §15.619
The amendment is proposed 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.
§15.619.Administrative Denials.
(a)
When a client or responsible party misses an appointment,
the eligibility specialist sends a second notice scheduling a second appointment
that is no earlier than seven days after the date of the second notice.
[
(b)
If there is no response
to the notice and the second
appointment is missed
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on February 22, 2002.
TRD-200201088
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 438-3734
Chapter 175.
GENERAL RULES OF THE VETERANS LAND BOARD
Subchapter A. GENERAL RULES AND CONTRACTING FINANCING
40 TAC §175.6, §175.21
The Veterans Land Board of the State of Texas (the "Board")
proposes amendments to Title 40, Part 5, Chapter 175 of the Texas Administrative
Code, §175.6, relating to Commitment by the Board and §175.21, relating
to Prizes and Inducements of the General Rules of the Veteran Land Board.
These amendments propose to clarify the amount the Board will invest in land
to be purchased and resold by the Board and the amount of investment required
of the Veteran. The proposed amendments will also correct some errors and
clarify some language.
Section 161.222(a) of the Texas Natural Resources Code was amended in 1985
to authorize the Board to set the amount of the initial payment required from
a purchaser. Section 161.233(a) and §161.283(b) of the Texas Natural
Resources Code were amended in 1991 to limit the maximum amount of the Board's
investment to $40,000. The proposed amendment to §175.6 would allow the
Board to invest a maximum of $40,000 by adjusting the initial payment and
any additional required down payment. The proposed amendment would still require
that Veteran purchasers have at least 5.0% equity in the tract they purchase.
To avoid confusion, the statutory "initial payment" and additional "down payment(s)"
are combined and referred to as the "equity investment" in the proposed amendment.
The proposed amendment to §175.21(a) would change the incorrect reference
to §161.333(a) of the Texas Natural Resources Code, to the correct reference
to §161.233(a) of the Texas Natural Resources Code, and add a previously
omitted reference to §161.283(b) of the Texas Natural Resources Code.
The proposed amendments also make minor non-substantive changes to both
rules.
Douglas Oldmixon, Executive Secretary of the Veterans Land Board, has determined
that for each year of the first five years that the rules will be in effect,
there will be no significant fiscal implication to state or local government
as a result of administering the rules as amended.
Douglas Oldmixon, Executive Secretary of the Veterans Land Board, has determined
that for each year of the first five years that the rules will be in effect,
the public will benefit because the proposed amendments will allow the Board
to increase the amount it invests in a tract of land on behalf of a Veteran.
The amendments will have no significant effect on small businesses and the
anticipated impact on local employment will be insignificant during each year
of the first five years the amended rules are in effect . The anticipated
economic cost to persons who are required to comply with the rules will be
insignificant. Persons who seek financing from the Board through the Program
will pay the same fees to the Board, and costs to third parties, as previously
required.
Comments may be submitted to Melinda Tracy, Legal Services Division, General
Land Office of the State of Texas, 1700 North Congress Avenue, Austin Texas,
by no later than 30 days after publication.
The amendments are proposed under the Natural Resources Code,
Title 7, Chapter 161, §§161.001, 161.061, 161.063, 161.222, 161.233
and 161.283. These sections authorize the Board to adopt rules that it considers
necessary and advisable for the Land Program.
Natural Resources Code §§161.222, 161.233 and 161.283 are affected
by this rule making action.
§175.6.Commitment by the Board.
(a)
After reviewing the appraisal, and any other relevant information,
the board shall issue a commitment showing the amount it will invest in the
land selected. The veteran and seller shall be notified of the commitment
amount
in writing. The board shall not invest more than the least of
the following options:
[
(1)
95% of the appraised value of the land;
(2)
95% of the final agreed purchase price;
or
(3)
$40,000.
(b)
Except for certain Forfeited Land Sales,
the board requires the veteran to have at least a 5.0% equity investment in
the land. The equity investment is the difference between the commitment amount
and the purchase price. The amount of equity required shall be the combination
of the initial payment and the down payment(s), as applicable.
(c)
[
(1)
The veteran may pay to the board the difference between
the purchase price and the commitment amount;
[
(2)
The parties may amend the purchase
[
[(3)
pay to the board the difference between
the contract price and the commitment amount;]
(3)
[
(4)
[
(d)
In certain cases, special circumstances
may require special loan conditions in the commitment terms. The following
are two examples, but others may apply:
(1)
If improvements on the land are considered by the board
in determining the commitment amount, their value may be amortized over their
lifetime as determined by the appraiser; and
(2)
If the land is situated in an underground irrigation water
area, the installments may be accelerated for the purpose of protecting the
board's investment against the risk of any diminishment of the water reserve.
[(c)
If improvements on the land are considered
by the board in determining the commitment amount, their value will be amortized
over their lifetime as determined by the appraiser. Similarly, when land is
situated in an underground irrigation water area, the installments will be
accelerated for the purpose of protecting the board's investment against the
risk of any diminishment of the water reserve.]
§175.21.Prizes and Inducements.
(a)
The Texas Natural Resources Code, §161.222(a) [
(b)
Subsection (a) of this section shall not be construed to
prevent a veteran from contracting with the seller or any other party to a
transaction for the payment of other expenses associated with closing the
transaction such as survey costs, title examination, and attorney's fees.
(c)
Subsection (a) of this section shall not be construed to
prohibit privileges incidental to the ownership of land and available to all
purchasers in the same subdivision and/or joint ownership of recreational
areas such as parks, lakes, etc.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 19, 2002.
TRD-200201006
Larry R. Soward
Chief Clerk, General Land Office
Texas Veterans Land Board
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 305-9129
Chapter 181.
GENERAL RULES OF PRACTICE AND PROCEDURE
Subchapter A. GENERAL PROVISIONS
40 TAC §181.28
The Texas Commission for the Deaf and Hard of Hearing proposes
amendment to §181.28. The amendment is proposed to implement an increase
in the application fee for children applying for camp to help cover the rising
cost of the program.
David W. Myers, Executive Director, has determined that for each year of
the first five years the amendment to this section is in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering the amendment.
Mr. Myers has also determined that for each year of the first five years
the amendment is in effect the public benefit anticipated as a result of this
amendment will be that the program will be able to cover the costs of running
the program. There will be no effect on small businesses. There is no anticipated
economic hardship to persons required to comply with the amendment as proposed.
Comments on this proposed amendment may be submitted to Ann Horn, Texas
Commission for the Deaf and Hard of Hearing, P.O. Box 12904, Austin, Texas
78711-2904.
The amendment is proposed under the Texas Administrative Code, §81.006(b)
(3), which provides the Texas Commission for the Deaf and Hard of Hearing
with the authority to adopt rules for administration and programs.
No other statute, code or article is affected by this proposed amendment.
§181.28. Camp SIGN.
(a)
Description of Services. Camp SIGN is a learning environment
for students who are deaf or hard of hearing which is free of communication
barriers. The goal is to have all students who are deaf or hard of hearing
regardless of their communication mode participate in the program.
(b)
Eligibility. Camp is open to boys and girls who are deaf
or hard of hearing between the ages of 8 and 17 and residents of Texas.
(c)
Counselor in Training (CIT). A program that focuses on
developing leadership skills to prepare boys and girls aged 16 and 17 to become
future camp counselors and leaders.
(d)
Staffing. Camp SIGN staff are chosen on the basis of criteria
to accommodate the needs of the campers and to serve as role models for the
campers. Staff are recruited from professionals working in the field with
individuals who are deaf or hard of hearing. Staff must be able to communicate
effectively with children who use American Sign Language, English or other
modes of communication. Junior Counselor Staff must be at least 18 years old
and Senior counselor staff must be at least 21 years old. Staff are hired
by the contracted campsite based on recommendations of the Commission.
(e)
Campsites. Any contracted campsite will be obtained through
competitive bid or through donation. The campsite must be ADA accessible,
and provide adequate facilities and a variety of learning experiences for
the campers.
(f)
Application Fee. A fee of
$35
[
(g)
Sliding Scale Fee. Upon receipt of the application the
family economic status is reviewed and a sliding scale may be applied.
(h)
Behavior Problems. Children that have behavior problems
that constantly disrupt camp activities or threaten other campers or staff
will be sent home and all fees forfeited.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on February 25, 2002.
TRD-200201148
David Myers
Executive Director
Texas Commission for the Deaf and Hard of Hearing
Earliest possible date of adoption: April 7, 2002
For further information, please call: (512) 407-3250
Chapter 270.
GENERAL SERVICE REQUIREMENTS
An individual who has authority to manage another person's funds
].
Subchapter D. RESOURCES
Subchapter E. INCOME
Subchapter G. APPLICATION FOR MEDICAID
When the Texas Department of Human Services eligibility specialist sends
the client or responsible party a notice scheduling an appointment and the
appointment is not kept, the eligibility specialist sends a follow-up second
notice of appointment.
]
by the end of the 10-day deadline given
on the follow-up notice
], the application is denied. The application
can be reopened under the original file date if the client or the responsible
party provides a reasonable explanation for failing to respond to the appointment
letter, such as hospitalization, language barrier, or the need for other assistance.
Part 5.
TEXAS VETERANS LAND BOARD
.
]
(b)
] If the commitment amount is
less than
95% of
the purchase price, one of the following should
be done:
amend the contract
price to conform to the commitment amount;
]
amend
the contract
] price, with the veteran paying to the board the difference
between the amended price and the commitment amount[
, if necessary
];
(4)
]
The parties may
amend the contract to increase the acreage to make up for the difference
in value compared to price
; or
(5)
]
The veteran may
cancel the loan application
and purchase contract
.
and §161.333(a),
] requires veterans to make an initial payment
in an amount set by the board's rules.
Section 161.233(a) and §161.283(b)
require that Veterans make additional down payment(s) under certain circumstances.
In order to carry out the intent of
the
[
this
]
requirement that veterans have equity in any tract purchased through the program,
it is the policy of the Veterans Land Board to approve no transaction, the
net effect of which involves the seller, realtor, or any party to the transaction
other than the veteran directly or indirectly paying the
initial
[
down
] payment or
down payment(s)
[
program fees
]. This includes inducements such as zero coupon bonds, savings bonds,
etc.
Part 6.
TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING
$25
]
is required to process an application for Camp SIGN. This fee is refundable
only
upon written request
if the child is determined ineligible
, or if camp space is filled to capacity.
[
to attend camp, and
refund is requested in writing
]
Part 9.
TEXAS DEPARTMENT ON AGING