Part 4. OFFICE OF THE SECRETARY OF STATE
Subchapter E. NOTARY RECORDS
The Office of the Secretary of State adopts a new rule prohibiting the recording of personal information in a notary public's record book. The amendment is adopted without changes to the proposed text as published in the February 23, 2007, issue of the Texas Register (32 TexReg 687). The purpose of the new rule is to prevent identity theft using information obtained from a notary's record book.
Section 406.014(a)(5) of the Texas Government Code requires a notary public other than a court clerk notarizing instruments for the court to keep in a book a record of whether the signer, grantor, or maker of a document is personally known by the notary public, was identified by an identification card issued by a governmental agency or a passport issued by the United States, or was introduced to the notary public and, if introduced, the name and residence or alleged residence of the individual introducing the signer, grantor, or maker.
Section 406.014(a)(5) does not require that the personal information on the identification card be recorded in the notary's book. However, notaries public have recorded information, such as the driver's license number, in their notary record books. Section §406.014(c) specifies that "a notary public shall, on payment of all fees, provide a certified copy of any record in the notary public's office to any person requesting the copy." If such copy contains personal identification information, that information could be used to facilitate the theft of a person's identity. The new rule will prohibit the recording of the personal identifying information contained on the identification card and would help thwart identity theft.
No comments were received regarding the proposed new rule.
The rule is adopted under the Texas Government Code, §406.023(a) and §2001.004(1), which provide the Secretary of State with the authority to prescribe and adopt rules. The rule affects §406.014 of the Government 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 April 2, 2007.
TRD-200701277
Lorna Wassdorf
Director, Business and Public Filings
Office of the Secretary of State
Effective date: April 22, 2007
Proposal publication date: February 23, 2007
For further information, please call: (512) 475-0775
Chapter 353. MEDICAID MANAGED CARE
Subchapter A. GENERAL PROVISIONS
The Health and Human Services Commission (HHSC) adopts §353.5, concerning Internet Posting of Sanctions Imposed for Contractual Violations, without changes to the proposed text as published in the January 5, 2007, issue of the Texas Register (32 TexReg 7) and will not be republished.
The new rule outlines HHSC's authority to impose sanctions when it is determined that a Medicaid managed care organization (MCO) has failed to comply with the terms of its contract with HHSC. The rule also explains when and how HHSC will post MCO sanction information on its Internet website.
HHSC received a comment regarding the proposed rule during the 30-day comment period, which included a public hearing on January 24, 2007, from the Department of State Health Services (DSHS). A summary of the comment and HHSC's response follows.
Comment:
HHSC received a comment from DSHS, in which the commenter suggested adding language to §353.5(a), General Provisions, indicating the rule only applies to managed care organizations that contract directly with HHSC.
HHSC Response:
HHSC acknowledges the comment and disagrees with the commenter. The rule was not revised to include the commenter's suggested language in §353.5(a), General Provisions. Section 353.5(a) establishes that HHSC determines noncompliance with the terms of a contract to provide health care services to clients through a managed care plan issued "by the MCO." Based on this language, the rule does not apply to the Medicaid managed care contract at DSHS.
The rule is adopted under the Texas Government Code, §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; the Human Resources Code, §32.021, and the Texas Government Code, §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas.
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 3, 2007.
TRD-200701283
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Effective date: May 1, 2007
Proposal publication date: January 5, 2007
For further information, please call: (512) 424-6900