Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 79.
LEGAL SERVICES
Subchapter Q. FORMAL APPEALS
40 TAC §79.1601
The Texas Department of Human Services (DHS) adopts an amendment
to §79.1601 without changes to the proposed text published in the October
25, 2002, issue of the
Texas Register
(27
TexReg 9993).
Justification for the amendment is to clarify that DHS's approval of a
nurse aide training and competency evaluation program (NATCEP) is not the
granting of a license and that the loss of approval of a NATCEP in a nursing
facility that participates only in the Medicaid program is treated as a Medicaid
remedy and not as the loss of a license.
DHS received no comments regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, Chapters
22 and 32, which authorizes DHS to administer public and medical assistance
programs, and under Texas Government Code, §531.021, which provides the
Texas Health and Human Services Commission with the authority to administer
federal medical assistance funds.
The amendment implements the Human Resources Code, §§22.0001-22.038
and §§32.001-32.053.
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 January 23, 2003.
TRD-200300468
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 2003
Proposal publication date: October 25, 2002
For further information, please call: (512) 438-3734
The Texas Department of Human Services (DHS) adopts the repeal of §§94.1-94.13;
and new §§94.1-94.11 in its Nurse Aides chapter. DHS adopts §§94.3,
94.4, 94.6, and 94.8 with changes to the proposed text published in the October
25, 2002, issue of the
Texas Register
(27
TexReg 9994). DHS adopts the repeal of §§94.1-94.13, and new §§94.1,
94.2, 94.5, 94.7, and 94.9-94.11 without changes to the proposed text.
Justification for the repeals and new sections is to streamline the sections
and implement changes in federal guidance related to immediate withdrawal
of approval of a nurse aide training and competency evaluation program (NATCEP).
DHS also undertook the rule changes to implement changes made to the Code
of Federal Regulations (CFR) related to initial determination regulations
at 42 CFR, Part 498, and to the Medicaid hearing regulations at 42 CFR, Part
431. The new sections were also necessary to clarify that a Medicaid-only
nursing facility's loss of approval of a NATCEP is treated as a remedy and
not the loss of a license.
DHS received no comments regarding adoption of the repeals and new sections.
DHS, however, has initiated seven minor changes to the text of §§94.3,
94.4, 94.6, and 94.8 to correct references within the chapter and grammar.
40 TAC §§94.1 - 94.13
The repeals are adopted under the Human Resources Code, Chapters
22 and 32, which authorizes DHS to administer public and medical assistance
programs, and under Texas Government Code, §531.021, which provides the
Texas Health and Human Services Commission with the authority to administer
federal medical assistance funds.
The repeals implement the Human Resources Code, §§22.0001-22.038
and §§32.001-32.053.
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 January 23, 2003.
TRD-200300469
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 2003
Proposal publication date: October 25, 2002
For further information, please call: (512) 438-3734
40 TAC §§94.1 - 94.11
The new sections are adopted under the Human Resources Code,
Chapters 22 and 32, which authorizes DHS to administer public and medical
assistance programs, and under Texas Government Code, §531.021, which
provides the Texas Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The new sections implement the Human Resources Code, §§22.0001-22.038
and §§32.001-32.053.
§94.3.Nurse Aide and Training Competency Evaluation Program (NATCEP) Requirements.
(a)
A facility may offer a NATCEP or contract with another
NATCEP in order to train nurse aides.
(b)
A person or entity that desires to offer a NATCEP must
file a complete application for approval on official forms prescribed by DHS.
(c)
A facility that is prohibited from participating in the
training and testing of nurse aides under subsection (g) of this section may
arrange with an external entity to provide training in the facility according
to provisions under §1819(f)(2) of the Act (42 United States Code (USC)
1395i-3(f)(2)) and §1919(f)(2) of the Act (42 USC 1396r(f)(2)) if:
(1)
the program is offered in order to train employees of a
facility that is prohibited from training under subsection (g) of this section;
(2)
the program is offered in, but not by, the prohibited facility;
(3)
there is no other such program offered within a reasonable
distance of the facility; and
(4)
an adequate environment exists for operating the program
in the facility.
(d)
A waiver of prohibition will be approved for a period not
to exceed two years; however, approval will be withdrawn earlier if the facility
is subsequently found to no longer meet the waiver criteria.
(e)
A person or entity desiring to apply for a NATCEP according
to subsection (c) of this section must submit a completed application as per §94.6
of this title (relating to Filing and Processing an Application for a Nurse
Aide Training and Competency Evaluation Program (NATCEP)), and include the
name of the prohibited facility within the application.
(f)
Applicants must submit one application for each classroom
location.
(g)
DHS will not approve a NATCEP offered by or in a facility
if, within the previous two years, the facility:
(1)
has operated under a waiver concerning the services of
a registered nurse under 42 United States Code (USC), §1395i-3(b)(4)(C)(ii)(II)
(Social Security Act (SSA)), §1819(b)(4)(C)(ii)(II) or under 42 USC, §1396r(b)(4)(C)(ii)
(SSA, §1919(b)(4)(C)(i)-(ii));
(2)
has been subject to an extended or partially extended survey
under 42 USC, §1395i-3(g) (SSA, §1819(g)(2)(B)(i)) or under 42
USC, §1396r(g) (SSA, §1919(g)(2)(B)(i));
(3)
has been assessed a civil money penalty of not less than
$5,000 as described in 42 USC, §1395i-3(h) (SSA, §1819(h)(2)(B)(ii))
or in 42 USC, §1396r(h) (SSA, §1919(h)(2)(A)(ii));
(4)
has been subject to denial of payment under Title XVIII
or Title XIX;
(5)
operated under state-appointed temporary management to
oversee the operation of the facility under 42 USC §1395i-3(h) (SSA, §1819(h))
or under 42 USC, §1396r(h) (SSA, §1919(h));
(6)
had its participation agreement terminated under 42 USC §1395i-
3(h)(4) (SSA, §1819(h)(4)) or under 42 USC, §1396r(h)(1)(B)(i) (SSA, §1919(h)(1)(B)(i));
or
(7)
pursuant to state action, closed or had its residents transferred
under 42 USC §1396r(h)(2) (SSA, §1919(h)(2)).
(h)
Each NATCEP must teach a minimum of 75 clock hours of training,
including at least:
(1)
51 clock hours of classroom training defined as classroom
and skills training that does not involve direct care of residents by trainees;
and
(2)
24 clock hours of clinical training defined as hands-on
care of residents in a nursing facility.
(i)
Each NATCEP must teach the curriculum established by DHS,
and as described in the Code of Federal Regulations, Title 42, §483.152,
to include at least 16 introductory hours of training in the following areas
before any direct contact with a resident:
(1)
communication and interpersonal skills;
(2)
infection control;
(3)
safety and emergency procedures, including the Heimlich
maneuver;
(4)
promoting the resident's independence;
(5)
respecting the resident's rights;
(6)
basic nursing skills:
(A)
taking and recording vital signs;
(B)
measuring and recording height and weight;
(C)
caring for the resident's environment;
(D)
recognizing abnormal changes in body functioning and the
importance of reporting such changes to a supervisor; and
(E)
caring for the resident when death is imminent;
(7)
personal care skills, including but not limited to:
(A)
bathing;
(B)
grooming, including mouth care;
(C)
dressing;
(D)
toileting;
(E)
assisting with eating and hydration;
(F)
proper feeding techniques;
(G)
skin care; and
(H)
transfers, positioning, and turning;
(8)
mental health and social service needs:
(A)
modifying aide's behavior in response to the resident's
behavior;
(B)
awareness of developmental tasks associated with the aging
process;
(C)
how to respond to the resident's behavior;
(D)
allowing the resident to make personal choices, providing
and reinforcing other behavior consistent with the resident's dignity; and
(E)
using the resident's family as a source of emotional support;
(9)
care of cognitively impaired residents:
(A)
techniques for addressing the unique needs and behaviors
of an individual with dementia (Alzheimer's disease and others);
(B)
communicating with a cognitively impaired resident;
(C)
understanding the behavior of cognitively impaired residents;
(D)
appropriate responses to the behavior of a cognitively
impaired resident; and
(E)
methods of reducing the effects of cognitive impairments;
(10)
basic restorative services:
(A)
training the resident in self care according to the resident's
abilities;
(B)
use of assistive devices in transferring, ambulation, eating,
and dressing;
(C)
maintenance of range of motion;
(D)
proper turning and positioning in bed and chair;
(E)
bowel and bladder training; and
(F)
care and use of prosthetic and orthotic devices; and
(11)
resident's rights:
(A)
providing privacy and maintenance of confidentiality;
(B)
promoting the resident's right to make personal choices
to accommodate their needs;
(C)
giving assistance in resolving grievances and disputes;
(D)
providing needed assistance in getting to and participating
in resident, family, group, and other activities;
(E)
maintaining care and security of the resident's personal
possessions;
(F)
promoting the resident's right to be free from abuse, mistreatment,
and neglect and the need to report any instances of such treatment to appropriate
facility staff; and
(G)
avoiding the need for restraints in accordance with current
professional standards.
(j)
A NATCEP must have a DHS-approved program director and
program instructor at the time of initial approval and during the time training
occurs who meet the requirements of §94.5(a) and (b) of this title (relating
to Program Director, Program Instructor, Supplemental Trainers, and Skills
Examiner Requirements).
(k)
A NATCEP must ensure that trainees:
(1)
are not listed on the Nurse Aide Registry in revoked status;
(2)
complete at least the first 16 hours of training (Section
I of the curriculum) before any direct contact with a resident;
(3)
do not perform any services for which they have not been
trained and have been found to be proficient by an instructor;
(4)
are under the direct supervision of a licensed nurse when
performing skills on individuals as part of a NATCEP;
(5)
are under the general supervision of a licensed nurse when
providing services to a resident; and
(6)
are clearly identified as trainees during the clinical
training.
(l)
A NATCEP must notify DHS of any change in the information
presented in an approved application, including a change in program director
or program instructor. DHS must approve such changes before the effective
date of the change. DHS will conduct a review of the program if it determines
the changes are substantive.
(m)
Each NATCEP must use a DHS performance record to account
for major duties or skills taught, trainee performance of duty or skill, satisfactory
or unsatisfactory performance, and name of instructor supervising the performance.
At the completion of the NATCEP, the trainee and his or her employer, if applicable,
will receive a copy of the performance record.
(n)
The NATCEP must maintain records that must be available
to DHS or its designees at any reasonable time, which include for each new
session of the NATCEP:
(1)
dates and times of all classroom and clinical hours;
(2)
full name and social security number of each trainee;
(3)
attendance record of each trainee; and
(4)
final course grade for the training portion of the NATCEP
that indicates pass or fail for each trainee.
(o)
Each NATCEP must meet the requirements of this title and
the CEP as specified in §94.4(b)-(n) of this title (relating to Competency
Evaluation Program (CEP) Requirements).
(p)
A nurse aide who is employed by, or who has received an
offer of employment from, a facility on the date on which the nurse aide begins
a NATCEP may not be charged for any portion of the NATCEP, including any fees
for textbooks or other required course materials.
(q)
If an individual does not meet the requirements of subsection
(p) of this section, but becomes employed as a nurse aide by, or receives
an offer of employment as a nurse aide from, a facility not later than 12
months after completing a NATCEP, the state provides for the reimbursement
of costs incurred in completing the NATCEP on a pro rata basis during the
period in which the individual is employed as a nurse aide.
(r)
DHS must approve a NATCEP before operation or solicitation
or enrollment of trainees.
(s)
DHS approval of a NATCEP covers only approval of the required
DHS curriculum and hours and should not be considered approval of additional
content or hours.
(t)
An orientation given by a facility to a nurse aide employed
in the facility does not constitute a part of a NATCEP.
§94.4.Competency Evaluation Program (CEP) Requirements.
(a)
All examinations will be administered by a DHS-designated
examiner to individuals who have successfully completed the training portion
of a NATCEP or are eligible to take a CEP under §94.9 of this title (relating
to Waiver, Reciprocity, and Exemption Requirements).
(b)
Requirements for the competency evaluation portion of a
NATCEP are:
(1)
A trainee is eligible to take the competency evaluation
portion of a NATCEP if he or she has successfully completed the training portion
of a NATCEP as determined by the program director.
(2)
An eligible trainee will take the examination as part of
the same NATCEP. If it is not possible to test with the same NATCEP, a nurse
aide may take the examination at another approved facility or at a NATCEP
that has volunteered to serve as an examination site.
(3)
An eligible trainee who does not test with the same NATCEP
must obtain from the program director of the NATCEP a signed CEP application
or a certificate or letter to present to the skills examiner before taking
the examination, as described in §94.5(a)(4)(E)-(F) of this title (relating
to Program Director, Program Instructor, Supplemental Trainers, and Skills
Examiner Requirements).
(c)
An approved facility or NATCEP serving as an examination
site is responsible for:
(1)
providing the facility where the skills examination will
be given and the location where the written or oral examination will be given;
(2)
offering the examination to its own trainees promptly after
successful completion of the training portion of a NATCEP;
(3)
offering the examination to an eligible examinee employed
by or who has received an offer of employment from the facility, if the individual
desires to be examined at the facility;
(4)
offering the examination to other eligible examinees the
facility or NATCEP has voluntarily accepted for the examination;
(5)
scheduling examinations and retests with DHS's designated
examiner; and
(6)
ensuring applications for examination are completed accurately.
(d)
The examinee is responsible for:
(1)
taking the examination within 24 months of completion of
the training portion of the NATCEP:
(A)
with the NATCEP where the examinee was trained;
(B)
at an approved facility from which the individual has received
an offer of employment or is employed; or
(C)
at an approved facility or NATCEP that has volunteered
to accept the examinee for examination;
(2)
verifying the arrangements for examination with the examination
site;
(3)
presenting the completed application for examination and
documentation to the skills examiner before the examination, as required under
subsection (b)(3) of this section or §94.9(c) of this title;
(4)
requesting a retest if the examinee fails the examination;
and
(5)
meeting any other procedural requirements specified by
DHS or its designated examiner.
(e)
DHS or designated examiner is responsible for:
(1)
providing instructions and eligibility forms to applicants
for a CEP and provide a letter of approval as specified in §94.9(c) of
this title;
(2)
assisting an eligible examinee find an approved facility
or NATCEP to serve as an examination site;
(3)
scheduling examinations and retests for the requesting
approved facility or NATCEP; and
(4)
administering examinations and report results of examinations
as required by DHS.
(f)
The examination must consist of:
(1)
the skills examination, which includes the trainee demonstrating
five randomly selected skills drawn from a pool of skills that are generally
performed by nurse aides, including all personal care skills listed in the
curriculum; and
(2)
the written or oral examination, which includes 60 scored
multiple choice questions selected from a pool of test items that address
each course requirement in the curriculum. The written examination questions
are printed in a test booklet with a separate answer sheet. The oral examination
is a tape-recorded presentation read from a prepared text in a neutral manner
that includes additional questions to test reading comprehension.
(g)
A nurse aide with a disability may take the examination
to establish competency under this section by requesting a reasonable accommodation
pursuant to the Americans with Disabilities Act.
(h)
Successful completion of the examination consists of a
passing grade on the:
(1)
skills examination as determined by DHS; and
(2)
written or oral examination as determined by DHS.
(i)
A person who fails the skills examination or the written
or oral examination may retest twice on the failed examination.
(1)
The person will be advised of the areas he or she did not
pass.
(2)
The person must request re-examination through the approved
facility, NATCEP, or DHS's designated examiner.
(3)
DHS is not required to set special re-examination schedules.
(4)
After failing the examination three times, the individual
must complete the training portion of a NATCEP before retesting.
(j)
The state must advise in advance any individual who takes
the examination that a record of the successful completion of the examination
will be included on the Nurse Aide Registry.
(k)
A record of successful completion of the examination must
be included on the Nurse Aide Registry within 30 days of the date the examination
was passed.
(l)
An examination will not be offered by or in a facility
if the facility falls within any of the provisions of §94.3(g) of this
title (relating to Nurse Aide Training and Competency Evaluation Program (NATCEP)
Requirements).
(m)
A nurse aide who is employed by, or who has received an
offer of employment from, a facility on the date on which the nurse aide begins
a CEP may not be charged for any portion of the CEP.
(n)
If an individual does not fall under this subsection, but
becomes employed as a nurse aide by, or receives an offer of employment as
a nurse aide from, a facility not later than 12 months after completing a
CEP, the state must provide for the reimbursement of costs incurred in completing
the CEP on a pro rata basis during the period in which the individual is employed
as a nurse aide.
§94.6.Filing and Processing an Application for a Nurse Aide Training and Competency Evaluation Program (NATCEP).
(a)
A person or entity that desires to offer a NATCEP must
file a complete application for approval on forms prescribed by DHS.
(b)
DHS will consider whether the applicant complies with the
Act and this chapter.
(c)
Notice of approval, proposed disapproval of the application,
or request for additional information will be given to the applicant within
90 days of the receipt of a complete application. If the application is proposed
to be disapproved due to noncompliance with the requirements of the Act or
this chapter, the reason for disapproval must be given in the notice.
(d)
The applicant will be notified in writing of any deficiencies
or errors found in the application and given an opportunity to make corrections
with provisions of the Act and this chapter by providing a written response
within 10 days of receipt of the notice.
(e)
If DHS proposes to deny approval of NATCEP based on the
criteria listed at §94.3(a)-(f) and (h)-(t) of this title (relating to
Nurse Aide and Training Competency Evaluation Program Requirements (NATCEP)),
or the requirements found at §94.7 of this title (relating to Approval,
Reapproval, and Inspection of a Nurse Aide Training and Competency Evaluation
Program (NATCEP)), the applicant (individual, facility, or entity) may request
a hearing. Such requests must be made, in writing, within 20 days of the date
the notice is received by the applicant. Such hearing will be held pursuant
to the applicable provisions of DHS's formal hearing procedures provided in
Chapter 79, Subchapter Q, of this title (relating to Formal Appeals). The
final hearing decision will be made as provided in this subsection. The administrative
law judge, on completion of the hearing, must prepare a written decision based
solely on the evidence presented at the hearing and the statutory and regulatory
provisions of the Act and this chapter. The decision must state the reasons
for the decision.
(1)
If an applicant does not make a timely request for a hearing,
the applicant is deemed to have waived the opportunity for a hearing and the
proposed action may be taken.
(2)
If an applicant who has requested a hearing fails to appear
or be represented at the scheduled hearing, the applicant is deemed to have
waived the opportunity for a hearing and the proposed action may be taken.
§94.8.Withdrawal of Approval of a Nurse Aide Training and Competency Evaluation Program (NATCEP).
(a)
DHS will immediately withdraw approval of a NATCEP in a
facility that has:
(1)
been granted a waiver concerning the services of an RN
under 42 United States Code (USC), §1395i-3(b)(4)(C)(ii)(II) (Social
Security Act (SSA), §1819(b)(4)(C)(ii)(II)) or under 42 USC, §1396r(b)(4)(C)(ii)
(SSA, §1919(b)(4)(C)(i)-(ii)).
(2)
been subject to an extended (or partially extended) survey
under 42 USC, §1395i-3(g) (SSA, §1819(g)(2)(B)(i)) or under 42
USC, §1396r(g) (SSA, §1919(g)(2)(B)(i));
(3)
been assessed a civil money penalty of not less than $5,000
as described in 42 USC, §1395i-3(h) (SSA, §1819(h)(2)(B)(ii)) or
in 42 USC, §1396r(h) (SSA, §1919(h)(2)(A)(ii));
(4)
been subject to denial of payment under Title XVIII or
Title XIX;
(5)
operated under state-appointed temporary management to
oversee the operation of the facility under 42 USC §1395i-3(h) (SSA, §1819(h))
or under 42 USC, §1396r(h) (SSA, §1919(h));
(6)
had its participation agreement terminated under 42 USC §1395i-3(h)(4)
(SSA, §1819(h)(4)) or under 42 USC, §1396r(h)(1)(B)(i) (SSA, §1919(h)(1)(B)(i));
(7)
pursuant to state action, closed or had its residents transferred
under 42 USC §1396r(h)(2) (SSA, §1919(h)(2)); or
(8)
refused to permit unannounced visits by DHS.
(b)
DHS may withdraw approval of a NATCEP because of program
noncompliance with §94.3 of this title (relating to Nurse Aide Training
and Competency Evaluation Program (NATCEP) Requirements).
(c)
If DHS proposes to withdraw approval of a NATCEP based
on the criteria listed in subsection (a)(1)-(8) of this section, DHS will
notify the facility by certified mail of the facts or conduct alleged to warrant
the action at the last known address as shown in DHS's records.
(d)
Dually certified and skilled nursing facilities offering
a NATCEP may appeal the findings of noncompliance that led to the loss of
their NATCEP, but not the loss of the NATCEP itself, by requesting a hearing
pursuant to Code of Federal Regulations (CFR), Title 43, §498.3(b)(14)(ii)
and §498.3(b)(16).
(e)
Facilities offering a NATCEP that participate only in Medicaid
may appeal the findings of noncompliance that led to the loss of their NATCEP,
but not the loss of the NATCEP itself, by requesting a hearing in accordance
with provisions in Chapter 79, Subchapter Q, of this title (relating to Formal
Appeals). A facility has 60 days from receipt of the certified mail notice
to request a hearing.
(f)
A facility may appeal under subsection (d) or (e) of this
section, but not both. A facility is not entitled to two appeals of the findings
of noncompliance that led to the loss of its NATCEP.
(g)
If the facility requests an informal dispute resolution
or formal appeal for the non-compliance that resulted in the loss of the NATCEP,
and the allegation of non-compliance is overturned, the withdrawal of approval
for the NATCEP will be rescinded.
(h)
If DHS proposes to withdraw a NATCEP based on the criteria
listed at §94.3(a)-(f) and (h)-(t) of this title, or the requirements
found at §94.7 of this title (relating to Approval, Reapproval, and Inspection
of a Nurse Aide Training and Competency Evaluation Program (NATCEP)), the
NATCEP may request a hearing. Such request must be made, in writing, within
20 days of the date the notice is received by the NATCEP. Such hearing will
be held pursuant to the applicable provisions of DHS's formal hearing procedures
as provided in Chapter 79, Subchapter Q, of this title. The final hearing
decision will be made as provided in this subsection. The administrative law
judge, on completion of the hearing, must prepare a written decision based
solely on the evidence presented at the hearing and the statutory and regulatory
provisions of the Act and this chapter. The decision must state the reasons
for the decision.
(1)
If the NATCEP does not make a timely request for a hearing,
the NATCEP is deemed to have waived the opportunity for a hearing and the
proposed action may be taken.
(2)
If the NATCEP that has requested a hearing fails to appear
or be represented at the scheduled hearing, the NATCEP is deemed to have waived
the opportunity for a hearing and the proposed action may be taken.
(i)
Students who have started a NATCEP from which approval
is to be or has been withdrawn will be allowed to complete the NATCEP.
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 January 23, 2003.
TRD-200300470
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 2003
Proposal publication date: October 25, 2002
For further information, please call: (512) 438-3734
Chapter 702.
GENERAL ADMINISTRATION
Subchapter E. MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES
40 TAC §702.417
The Texas Department of Protective and Regulatory Services
(PRS) adopts new §702.417, with changes to the proposed text published
in the December 6, 2002, issue of the
Texas Register
(27 TexReg 11501).
The justification for the new section is to adopt by reference Texas Education
Agency's (TEA's) rule at 19 TAC §89.1115, which contains the memorandum
of understanding (MOU) between TEA, PRS, and seven other agencies. The section
is required by the Texas Education Code, §29.012.
The new section will function by ensuring better coordination of the free
and appropriate public education of individuals under 22 years of age living
in residential facilities.
No comments were received regarding adoption of the section. PRS is adopting
the section with a change to correct a typographical error.
The new section is adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new section implements the Texas Education Code, §29.012.
§702.417.Memorandum of Understanding (MOU) Concerning Interagency Coordination of Special Education Services to Students with Disabilities in Residential Facilities.
The Texas Department of Protective and Regulatory Services adopts by
reference 19 TAC §89.1115, which contains the Memorandum of Understanding
Concerning Interagency Coordination of Special Education Services to Students
with Disabilities in Residential Facilities, as authorized by the Texas Education
Code, 29.012. The MOU addresses respective roles and responsibilities of participating
agencies in the sharing of information about, and coordination of services
to, students with disabilities receiving special education services that live
in residential facilities.
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 January 24, 2003.
TRD-200300493
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: February 13, 2003
Proposal publication date: December 6, 2002
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (PRS) adopts
an amendment to §732.103, and adopts new §§732.401, 732.403,
732.405, 732.407, 732.409, 732.411, 732.413, 732.415, 732.417, 732.419, 732.421,
732.423, 732.425, 732.427, 732.429, and 732.431, without changes to the proposed
text published in the December 6, 2002, issue of the
Texas Register
(27 TexReg 11505).
The justification for the sections is to update PRS contracting rules to
comply with Chapter 2260 of the Texas Government Code.
The sections will function by ensuring that the dispute resolution process
for alleged breaches of contract by PRS will be clearer.
No comments were received regarding adoption of the sections.
Subchapter A. GENERAL PROCEDURES
Chapter 94.
NURSE AIDES
Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
Chapter 732.
CONTRACTED SERVICES