40 TAC §107.219
The Texas Health and Human Services Commission proposes to
amend Title 40, Part 2, Chapter 107, §107.219 of the rules of the Department
of Assistive and Rehabilitative Services, concerning order of selection. The
amendment is being proposed to update the rules concerning order of selection,
and conform to the provisions of the current DARS Division for Rehabilitation
Services VR State Plan.
Bill Wheeler, Chief Financial Officer, Department of Assistive and Rehabilitative
Services, estimates that for each year of the first five years that the amended
rule will be in effect, there will be no material fiscal implications for
state or local government.
Mr. Wheeler also estimates that for each year of the first five years the
amended rule will be in effect, the public benefit anticipated as a result
of adopting the proposed amendment will be the agency's compliance with House
Bill 2292, 78th Legislature, Regular Session, and other existing provisions
of law pertaining to provision of health and human services in Texas. There
should be no material economic cost to persons who are required to comply
with the rule as proposed for amendment. There should be no material effect
to small or micro businesses. In accordance with Government Code §2001.022,
the Health and Human Services Commission has determined that the proposed
amendment will not affect a local economy.
Comments on the proposal may be submitted to Roger Darley, Deputy General
Counsel, Department of Assistive and Rehabilitative Services, 4800 North Lamar
Boulevard, Suite 300, Austin, Texas 78756.
The amendment is proposed under the Government Code, Chapter
531, §531.0055(e), which provides the Executive Commissioner of the Health
and Human Services Commission with the authority to promulgate rules for the
operation and provision of health and human services by health and human services
agencies.
No other statute, article, or code is affected by this proposal.
§107.219.Order of Selection [ and Outcomes and Service Goals ].
An order of selection established for allocation of vocational rehabilitation
services when such services cannot be provided to all who apply and are eligible
is as follows:
(1)
First priority: Eligible individuals with the most
significant disabilities. Such individuals are those with significant disabilities
who have serious limitations in three or more functional capacities (mobility,
self-care, self-direction, work skills, work tolerance, interpersonal skills,
and communication) in terms of an employment outcome.
[
first priority
to eligible individuals with the most severe disabilities;
]
(2)
Second priority: Eligible individuals with significant
disabilities who have serious limitations in two functional capacities in
terms of an employment outcome.
[
second priority to eligible individuals
with other severe disabilities;
]
(3)
Third priority: Eligible individuals with significant
disabilities who have serious limitations in one functional capacity in terms
of an employment outcome.
[
third priority to eligible individuals
with non-severe disabilities that result in permanent functional limitations;
]
(4)
Fourth priority: All other eligible individuals.
[
fourth priority to eligible individuals with non-severe disabilities that
do not result in permanent functional limitations.
]
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 1, 2006.
TRD-200600521
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Earliest possible date of adoption: March 19, 2006
For further information, please call: (512) 424-4050