Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 1.
PRESUMPTIVE MEDICAID FOR PREGNANT WOMEN PROGRAM
Subchapter A. ELIGIBILITY REQUIREMENTS
40 TAC §1.1
The Texas Department of Human Services (DHS) adopts an amendment
to §1.1 without changes to the proposed text published in the December
5, 2003, issue of the
Texas Register
(28 TexReg
10900).
Justification for the amendment is to correct a reference within the rule.
The reference to applicable eligibility requirements in §1.1(b) needed
to be updated because certain rules in DHS's Chapter 4 were moved to Chapter
2 as part of an agency initiative to rewrite Medicaid rules in plain English.
The reference is corrected to state that pregnant applicants must meet all
applicable eligibility requirements for pregnant women as specified in Chapter
2 of this title (relating to Medically Needy and Children and Pregnant Women
Programs) and apply at qualified provider sites.
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 Government Code, §531.021, which provides the Texas
Health and Human Services Commission with the authority to administer federal
medical assistance funds.
The amendment affects the Human Resources Code, §§22.0001 - 22.040
and §§32.001 - 32.067.
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 February 3, 2004.
TRD-200400663
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: February 23, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 438-3734
The Texas Department of Human Services (DHS) adopts the repeal of
Subchapter M, Home-Delivered Meals, consisting of §§48.9502, 48.9504,
48.9506, 48.9508, 48.9510, 48.9512, 48.9514, 48.9516, 48.9518, 48.9520, 48.9522,
48.9524, 48.9526, 48.9528, 48.9530, 48.9532, 48.9534, 48.9536, 48.9538, 48.9540,
48.9542, 48.9544, and 48.9546; and Subchapter N, Support Documents, consisting
of §48.9806, without changes to the proposal published in the November
14, 2003, issue of the
Texas Register
(28
TexReg 10110).
The repeals were undertaken to remove the rules concerning the Home-Delivered
Meals (HDM) Program from Chapter 48 and place them in DHS's new Chapter 55.
DHS's Long Term Care Program determined that placing HDM rules in their own
chapter will make program requirements easier for provider agencies to locate
and use.
DHS received no comments regarding adoption of the repeals.
Subchapter M. HOME-DELIVERED MEALS
40 TAC §§48.9502, 48.9504, 48.9506, 48.9508, 48.9510, 48.9512, 48.9514, 48.9516, 48.9518, 48.9520, 48.9522, 48.9524, 48.9526, 48.9528, 48.9530, 48.9532, 48.9534, 48.9536, 48.9538, 48.9540, 48.9542, 48.9544, 48.9546
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 Government Code, §531.021, which provides the Texas
Health and Human Services Commission with the authority to administer federal
medical assistance funds.
The repeals affect the Human Resources Code, §§22.0001 - 22.040
and §§32.001 - 32.067.
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 February 3, 2004.
TRD-200400681
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 2004
Proposal publication date: November 14, 2003
For further information, please call: (512) 438-3734
40 TAC §48.9806
The repeal 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 the Texas
Health and Human Services Commission with the authority to administer federal
medical assistance funds.
The repeal affects the Human Resources Code, §§22.0001 - 22.040
and §§32.001 - 32.067.
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 February 3, 2004.
TRD-200400680
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 2004
Proposal publication date: November 14, 2003
For further information, please call: (512) 438-3734
40 TAC §§55.1, 55.3, 55.5, 55.7, 55.9, 55.11, 55.13, 55.15, 55.17, 55.19, 55.21, 55.23, 55.25, 55.27, 55.29, 55.31, 55.33, 55.35, 55.37, 55.39, 55.41, 55.43, 55.45
The Texas Department of Human Services (DHS) adopts new Chapter
55, Contracting to Provide Home-Delivered Meals, consisting of §§55.1,
55.3, 55.5, 55.7, 55.9, 55.11, 55.13, 55.15, 55.17, 55.19, 55.21, 55.23, 55.25,
55.27, 55.29, 55.31, 55.33, 55.35, 55.37, 55.39, 55.41, 55.43, and 55.45,
without changes to the proposed text published in the November 14, 2003, issue
of the
Texas Register
(28 TexReg 10112).
The new sections were undertaken to locate the rules concerning the Home-Delivered
Meals (HDM) Program in DHS's new Chapter 55. DHS's Long Term Care Program
determined that placing HDM rules in their own chapter will make program requirements
easier for provider agencies to locate and use. The proposal also updates
terminology in order to be consistent with other community care programs.
In addition, adding the reimbursement methodology rule governing the HDM Program
to new Chapter 55 places all relevant rules in the same location.
DHS received no comments regarding adoption of the new sections.
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 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 affect the Human Resources Code, §§22.0001 -
22.040 and §§32.001 - 32.067.
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 February 3, 2004.
TRD-200400679
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 1, 2004
Proposal publication date: November 14, 2003
For further information, please call: (512) 438-3734
Chapter 115.
MEMORANDA OF UNDERSTANDING WITH OTHER STATE AGENCIES
The Texas Rehabilitation Commission (TRC) adopts a change to Title
40, Chapter 115, concerning memoranda of understanding with other state agencies.
The change repeals and replaces §115.8 to update a memorandum of understanding
dealing with the provision of services needed to prepare students enrolled
in special education to transition from public school to adult life, which
was first adopted in 1990. The repeal and new rule are adopted without changes
to the proposed text as published in the October 31, 2003, issue of the
Article IX, Section 10.04 of the General Appropriations Act, 78th Legislature,
Regular Session (2003), requires that the Texas Education Agency (TEA), the
Texas Department of Mental Health and Mental Retardation (TDMHMR), and TRC,
by a cooperative effort, develop and by rule adopt an MOU. The section specifies
that the TEA, the TDMHMR, and the TRC may request other appropriate agencies
to participate in the development of the MOU. Accordingly, the adopted MOU
includes the participation of the following agencies: Texas Commission for
the Blind, Texas Commission for the Deaf and Hard of Hearing, Texas Department
of Health, Texas Department of Housing and Community Affairs, Texas Department
of Human Services, Texas Department of Mental Health and Mental Retardation,
Texas Department of Protective and Regulatory Services, Texas Education Agency,
Texas Higher Education Coordinating Board, Texas Juvenile Probation Commission,
Texas Rehabilitation Commission, Texas Workforce Commission, and Texas Youth
Commission.
The adopted new MOU addresses respective roles and responsibilities of
participating agencies in the sharing of information about, and coordination
of services to, eligible students with disabilities receiving special education
services. The new MOU clarifies and adds definitions and better addresses
information sharing and agency participation, regional and local collaboration,
cross-agency training, and dispute resolution. Other terms of the MOU provide
for the MOU to be reviewed and considered for expansion, modification, or
amendment at any time the executive officers of the parties agree or at least
every four years.
No comments were received regarding adoption of the rules.
40 TAC §115.8
The repeal 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 February 9, 2004.
TRD-200400786
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Effective date: February 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 424-4050
40 TAC §115.8
The new section 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 February 9, 2004.
TRD-200400787
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Effective date: February 29, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 424-4050
Chapter 48.
COMMUNITY CARE FOR AGED AND DISABLED
Subchapter N. SUPPORT DOCUMENTS
Chapter 55.
CONTRACTING TO PROVIDE HOME-DELIVERED MEALS
Part 2.
TEXAS REHABILITATION COMMISSION
Chapter 116.
ADVISORY COMMITTEES/COUNCILS