PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 51. MEDICALLY DEPENDENT CHILDREN PROGRAM
The Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts amendments to §§51.235, 51.401, and 51.441 in Chapter 51, Medically Dependent Children Program (MDCP), without changes to the proposed text published in the April 17, 2009, issue of the Texas Register (34 TexReg 2506).
In MDCP, an individual may choose to participate in the Consumer Directed Services (CDS) option, a payment option for direct care services that allows the individual or the individual's parent or guardian to recruit, hire, manage, and terminate the individual's attendant. The amendments remove the requirement that only an attendant provide direct care services in the CDS option and expand the CDS option in MDCP to include registered nurses (RNs) and licensed vocational nurses (LVNs) as providers of direct care services. The amendments also amend contracting requirements by removing RNs and LVNs as independent contractors with DADS in MDCP.
DADS received no comments regarding adoption of the amendments.
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND SERVICES
DIVISION 3. SERVICES
The amendment is adopted under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including DADS; Texas Human Resources Code, §161.021, which provides that the Aging and Disability Services Council shall study and make recommendations to the HHSC executive commissioner and the DADS commissioner regarding rules governing the delivery of services to persons who are served or regulated by DADS; and Texas Government Code, §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program.
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 August 12, 2009.
TRD-200903564
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: September 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734
DIVISION 1. CONTRACTING REQUIREMENTS
The amendment is adopted under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including DADS; Texas Human Resources Code, §161.021, which provides that the Aging and Disability Services Council shall study and make recommendations to the HHSC executive commissioner and the DADS commissioner regarding rules governing the delivery of services to persons who are served or regulated by DADS; and Texas Government Code, §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program.
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 August 12, 2009.
TRD-200903565
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: September 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734
The amendment is adopted under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including DADS; Texas Human Resources Code, §161.021, which provides that the Aging and Disability Services Council shall study and make recommendations to the HHSC executive commissioner and the DADS commissioner regarding rules governing the delivery of services to persons who are served or regulated by DADS; and Texas Government Code, §531.021, which provides HHSC with the authority to administer federal funds and plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program.
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 August 12, 2009.
TRD-200903566
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: September 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734