PART 1. DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 411. STATE MENTAL HEALTH AUTHORITY RESPONSIBILITIES
SUBCHAPTER D. ADMINISTRATIVE HEARINGS OF THE DEPARTMENT IN CONTESTED CASES
25 TAC §§411.151 - 411.160, 411.162, 411.163
The Executive Commissioner of the Health and Human Services Commission (HHSC) on behalf of the Department of State Health Services (department) adopts the repeal of §§411.151 - 411.160, 411.162, and 411.163, concerning administrative hearings in contested cases, without changes to the proposed text as published in the January 30, 2009, issue of the Texas Register (34 TexReg 510) and, therefore, the sections will not be republished.
BACKGROUND AND PURPOSE
The Texas Department of Mental Health and Mental Retardation originally adopted these rules for its contested case hearings. The Appeals Division of HHSC now provides hearings for the department's mental health program in accordance with its rules in 1 TAC Chapter 357, Subchapter I, regarding hearings under the Administrative Procedure Act.
Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Sections 411.151 - 411.160, 411.162, and 411.163 have been reviewed and the department has determined that reasons for adopting the sections no longer exist because rules on this subject are superseded by HHSC rules.
SECTION-BY-SECTION SUMMARY
Sections 411.151 - 411.160, 411.162, and 411.163 are repealed in their entirety. The rules are no longer necessary because they are superseded by HHSC rules in 1 TAC Chapter 357, Subchapter I, regarding hearings under the Administrative Procedure Act.
COMMENTS
The department, on behalf of HHSC, did not receive any comments regarding the proposed rules during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the rules, as adopted, have been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The repeals are authorized by Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. Review of the sections implements Government Code, §2001.039.
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 1, 2009.
TRD-200901292
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: April 21, 2009
Proposal publication date: January 30, 2009
For further information, please call: (512) 458-7111 x6972
SUBCHAPTER G. MEDICAID FAIR HEARINGS
The Executive Commissioner of the Health and Human Services Commission (HHSC), on behalf of the Department of State Health Services (department) adopts the repeal of §419.301, concerning Medicaid Fair Hearings, without changes to the proposed text as published in the January 30, 2009, issue of the Texas Register (34 TexReg 511) and, therefore, the section will not be republished.
BACKGROUND AND PURPOSE
This rule, §419.301, adopted by the former Texas Department of Mental Health and Mental Retardation, primarily incorporates by reference the HHSC rules relating to Medicaid Fair Hearings. The department offers Medicaid mental health services and notifies eligible clients of their right to a fair hearing when benefits or services are denied, delayed, terminated, reduced, or suspended. In the event that a client requests a fair hearing, the hearing is provided by the Appeals Division of HHSC, and is subject to the HHSC rules in 1 TAC Chapter 357, Subchapter A, Medicaid Fair Hearings.
Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Section 419.301 has been reviewed and the department has determined that reasons for adopting the section no longer exist because the rule on this subject is superseded by HHSC rules.
SECTION-BY-SECTION SUMMARY
Section 419.301 is repealed as unnecessary because the rule is superseded by HHSC rules in 1 TAC Chapter 357, Subchapter A, which apply to all Medicaid fair hearings.
COMMENTS
The department, on behalf of HHSC, did not receive any comments regarding the proposed rule during the comment period.
LEGAL CERTIFICATION
The Department of State Health Services General Counsel, Lisa Hernandez, certifies that the rule as adopted, has been reviewed by legal counsel and found to be a valid exercise of the agencies' legal authority.
STATUTORY AUTHORITY
The repeal is authorized by Government Code, §531.0055, and Health and Safety Code, §1001.075, which authorize the Executive Commissioner of the Health and Human Services Commission to adopt rules and policies necessary for the operation and provision of health and human services by the department and for the administration of Health and Safety Code, Chapter 1001. The review of the section implements Government Code, §2001.039.
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 1, 2009.
TRD-200901291
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: April 21, 2009
Proposal publication date: January 30, 2009
For further information, please call: (512) 458-7111 x6972