40 TAC §9.228
The Health and Human Services Commission (HHSC),
on behalf of the Department of Aging and Disability Services (DADS),
adopts new §9.228, in Chapter 9, Mental Retardation Services--Medicaid
State Operating Agency Responsibilities, without changes to the proposed
text published in the April 17, 2009, issue of the
Texas Register (34 TexReg 2499).
The new section is adopted to allow an Intermediate Care Facility
for Persons with Mental Retardation (ICF/MR) program provider to request
authorization to purchase an augmentative communication device (ACD)
and, if such authorization is granted, receive full reimbursement
for the ACD, without any specific limitations on the cost. The rule
provides requirements that a program provider in the ICF/MR Program
must comply with to request authorization from DADS to purchase an
ACD for an ICF/MR resident and to receive reimbursement for the ACD.
The new section also makes the ICF/MR Program rules consistent with
Nursing Facility Program rules regarding ACDs.
DADS received no comments regarding adoption of the new section.
The new section 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 July 6, 2009.
TRD-200902774
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: August 1, 2009
Proposal publication date: April 17, 2009
For further information, please call: (512) 438-3734