TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 97. LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES

The Texas Department of Human Services (DHS) adopts amendments to §§97.2, 97.247, 97.298, 97.403, 97.404, 97.602, and 97.701 in its Licensing Standards for Home and Community Support Services Agencies (HCSSA) chapter without changes to the proposed text published in the May 9, 2003, issue of the Texas Register (28 TexReg 3816).

Justification for the amendments is to provide greater efficiency to HCSSAs by allowing branch offices and alternate delivery sites to conduct criminal history and registry checks on applicants and current employees, to comply with recently adopted Texas Board of Nurse Examiners rules, and to update citations.

DHS received no comments regarding adoption of the amendments.

Subchapter A. GENERAL PROVISIONS

40 TAC §97.2

The amendment is adopted under the Health and Safety Code, Chapter 142, which provides DHS with the authority to adopt rules for the licensing and regulation of home and community support services agencies.

The amendment implements the Health and Safety Code, §§142.001 - 142.030.

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 June 9, 2003.

TRD-200303452

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: June 29, 2003

Proposal publication date: May 9, 2003

For further information, please call: (512) 438-3734


Subchapter C. MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES

3. AGENCY ADMINISTRATION

40 TAC §97.247

The amendment is adopted under the Health and Safety Code, Chapter 142, which provides DHS with the authority to adopt rules for the licensing and regulation of home and community support services agencies.

The amendment implements the Health and Safety Code, §§142.001 - 142.030.

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 June 9, 2003.

TRD-200303453

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: June 29, 2003

Proposal publication date: May 9, 2003

For further information, please call: (512) 438-3734


4. PROVISION AND COORDINATION OF TREATMENT AND SERVICES

40 TAC §97.298

The amendment is adopted under the Health and Safety Code, Chapter 142, which provides DHS with the authority to adopt rules for the licensing and regulation of home and community support services agencies.

The amendment implements the Health and Safety Code, §§142.001 - 142.030.

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 June 9, 2003.

TRD-200303454

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: June 29, 2003

Proposal publication date: May 9, 2003

For further information, please call: (512) 438-3734


Subchapter D. ADDITIONAL STANDARDS SPECIFIC TO LICENSE CATEGORY AND SPECIFIC TO SPECIAL SERVICES

40 TAC §97.403, §97.404

The amendments are adopted under the Health and Safety Code, Chapter 142, which provides DHS with the authority to adopt rules for the licensing and regulation of home and community support services agencies.

The amendments implement the Health and Safety Code, §§142.001 - 142.030.

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 June 9, 2003.

TRD-200303455

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: June 29, 2003

Proposal publication date: May 9, 2003

For further information, please call: (512) 438-3734


Subchapter F. ENFORCEMENT

40 TAC §97.602

The amendment is adopted under the Health and Safety Code, Chapter 142, which provides DHS with the authority to adopt rules for the licensing and regulation of home and community support services agencies.

The amendment implements the Health and Safety Code, §§142.001 - 142.030.

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 June 9, 2003.

TRD-200303456

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: June 29, 2003

Proposal publication date: May 9, 2003

For further information, please call: (512) 438-3734


Subchapter G. HOME HEALTH AIDES

40 TAC §97.701

The amendment is adopted under the Health and Safety Code, Chapter 142, which provides DHS with the authority to adopt rules for the licensing and regulation of home and community support services agencies.

The amendment implements the Health and Safety Code, §§142.001 - 142.030.

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 June 9, 2003.

TRD-200303457

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: June 29, 2003

Proposal publication date: May 9, 2003

For further information, please call: (512) 438-3734


Part 2. TEXAS REHABILITATION COMMISSION

Chapter 106. PURCHASE OF GOODS AND SERVICES BY TEXAS REHABILITATION COMMISSION

Subchapter D. PURCHASE OF GOODS AND SERVICES

40 TAC §106.107

The Texas Rehabilitation Commission (TRC) adopts a change to Title 40, Chapter 106, §106.107, concerning purchase of goods and services by TRC, without changes to the proposed text as published in the May 2, 2003, issue of the Texas Register (28 TexReg 3708) and will not be republished. The change is being adopted to update the schedule of rates the Commission will pay for medical services for 2003 - 2004.

No comments were received regarding adoption of the rule.

The amendment is adopted under the Texas Human Resources Code, Title 7, Chapter 111, §111.018 and §111.023, which provides the Texas Rehabilitation Commission with the authority to promulgate rules consistent with Title 7, Texas Human Resources Code.

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 11, 2003.

TRD-200303520

Sylvia F. Hardman

Deputy Commissioner for Legal Services

Texas Rehabilitation Commission

Effective date: July 1, 2003

Proposal publication date: May 2, 2003

For further information, please call: (512) 424-4050