TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 47. PRIMARY HOME CARE

Subchapter E. SUPPORT DOCUMENTS

40 TAC §47.5902

The Texas Department of Human Services (DHS) adopts an amendment to §47.5902, without changes to the proposed text published in the February 7, 2003, issue of the Texas Register (28 TexReg 1157).

Justification for the amendment is to modify the reimbursement methodology for Primary Home Care and Family Care Services to ensure that more providers have their allowable costs covered by the unit rates for these programs.

DHS received no comments regarding adoption of the amendment.

The Texas Health and Human Services Commission (HHSC) is adopting related policy in its Chapter 355 in this issue of the Texas Register .

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 Government Code, §531.021, which provides HHSC 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 April 17, 2003.

TRD-200302524

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 7, 2003

Proposal publication date: February 7, 2003

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


Chapter 69. CONTRACTED SERVICES

Subchapter L. CONTRACT ADMINISTRATION

40 TAC §69.202

The Texas Department of Human Services (DHS) adopts an amendment to §69.202, without changes to the proposed text published in the March 7, 2003, issue of the Texas Register (28 TexReg 2047).

Justification for the amendment regarding pre-contract orientation is to help avoid costs and problems that can occur when organizations enter into enrollment contracts without a clear understanding of program requirements. Over the years, DHS has found that businesses often enter into open enrollment contracts unaware of program policies, procedures, costs, and risks. Entering into an open enrollment contract that does not fit a contractor's goals and abilities can cost both time and money for the contractor and the state. By receiving orientation before contracting, potential contractors can be informed of program requirements and can determine whether an open enrollment contract is suitable for their organization. Justification for the amendment to §69.202(b)(A) is to update the rule base to reflect the fact that DHS uses a number of payment methods, not just unit rates, for open enrollment contractors.

DHS received no comments regarding adoption of the amendment.

The amendment is adopted under the Human Resources Code, Chapter 22, which authorizes DHS to administer contracts that accomplish the purposes of its programs.

The amendment implements the Human Resources Code, §§22.0001-22.038.

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 17, 2003.

TRD-200302520

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 15, 2003

Proposal publication date: March 7, 2003

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


Chapter 75. INVESTIGATIONS

Subchapter A. GENERAL PROCEDURES

40 TAC §75.3

The Texas Department of Human Services (DHS) adopts the repeal of Chapter 75, §75.3, without changes to the proposed text published in the March 7, 2003, issue of the Texas Register (28 TexReg 2048).

Justification for the repeal is to delete a rule concerned with internal management and organization in DHS's Office of Program Integrity. Such a rule is not necessary, according to the Government Code, §2001.003(6)(c) (Administrative Procedure Act).

DHS received no comments regarding adoption of the repeal.

The repeal is adopted under the Human Resources Code, Chapter 21, which provides DHS with the authority to allocate and re-allocate functions of the agency, and Chapter 22, which authorizes DHS to administer public assistance programs.

The repeal implements the Human Resources Code, §21.005 and §§22.0001- 22.038.

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 16, 2003.

TRD-200302492

Paul Leche

General Counsel, Legal Services

Texas Department of Human Services

Effective date: May 6, 2003

Proposal publication date: March 7, 2003

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