PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 2. MENTAL RETARDATION AUTHORITY RESPONSIBILITIES
SUBCHAPTER F. CONTINUITY OF SERVICES--STATE MENTAL RETARDATION FACILITIES
The Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts an amendment to §2.253, new §2.274, and the repeal of §2.274 in Chapter 2, Mental Retardation Authority (MRA) Responsibilities. The amendment to §2.253 is adopted with changes to the proposed text published in the October 24, 2008, issue of the Texas Register (33 TexReg 8723). New §2.274 and the repeal of §2.274 are adopted without changes to the proposed text.
The adopted rules describe the requirements for an MRA to conduct the community living options information process (CLOIP) for an adult resident of a state MR facility. In addition, the adopted rules describe the types of planning meetings in which living options are discussed for a resident, requirements regarding the notification by the state mental retardation (MR) facility of planning meetings, and the process and requirements by which planning meetings are conducted.
As required by Texas Government Code, §531.02442, a state MR facility was required to conduct a CLOIP for its residents to inform them of alternative living options. Texas Government Code, §531.02443 (as added by Senate Bill 27, Section 1, 80th Legislature, Regular Session, 2007), required DADS to contract with local MRAs to conduct this process for adult residents at state MR facilities who are at least 22 years of age.
The bill also required DADS to convene a committee comprised of members of the interagency task force on ensuring appropriate care settings for persons with disabilities (currently known as the Promoting Independence Advisory Committee), family members and legally authorized representatives (LARs) of adult residents of state MR facilities, persons with mental retardation, and representatives of state MR facilities and MRAs, to provide advice and assistance to DADS in developing the CLOIP to be conducted by the MRAs. The committee and DADS developed the CLOIP and agreed on materials to be used in conducting the CLOIP. The committee continues to meet with DADS staff monthly to discuss the effectiveness of the implementation, data analysis, and the development of additional informational materials to be used as part of the CLOIP. The CLOIP developed by DADS and the committee were used in drafting these rules.
In November 2007, DADS included a requirement in its contracts with 13 MRAs that have a state MR facility in their local service area to perform the CLOIP for residents at the state MR facility who are at least 22 years of age. The contracts include performance measures for the MRAs to meet in performing the CLOIP. Materials for use by the contract MRAs during the CLOIP were printed and distributed to the 13 MRAs. These and other CLOIP documents can be found on DADS website.
A change was made to the text in §2.253(45) in order to make the definition consistent with the language in §2.274(g)(4)(D).
DADS received written comments from Advocacy, Inc. A summary of the comments and the responses follow.
Comment: Regarding the definition of "consensus" in §2.253, the commenter recommended adding language about when consensus does not exist and the individual being unable to negotiate an agreement.
Response: The agency declines to revise the definition because §2.276(n), the section where the term is used, was not proposed for amendment and the process affected by this suggested revision is not within the scope of the amendment. The rule language was not changed in response to the comment.
Comment: Regarding the definition of "IDT (Interdisciplinary team)" in §2.253, the commenter suggested the following changes: (1) replace "may" with "shall" in subparagraph (B) to require the persons listed in subparagraph (B) to participate in an IDT meeting; (2) require the contract MRA to inform the individual and LAR that they may request a volunteer advocate with specific qualifications to assist in the CLOIP; and (3) for individuals who do not have an LAR and who have been determined by the state MR facility to lack capacity, require the contract MRA to attempt to designate a volunteer advocate to assist in the CLOIP.
Response: The agency declines to replace "may" with "shall" in subparagraph (B) because the agency does not have the authority to mandate the participation of either a person whose inclusion is requested by the individual or LAR or a representative of the appropriate school district in an IDT meeting. In addition, the agency declines to require the MRA to inform an individual or LAR that he or she may request a volunteer advocate to assist in the CLOIP or to attempt to designate a volunteer advocate to assist an individual who lacks capacity and does not have an LAR in the CLOIP. This is because the term "IDT" is used in situations other than when a CLOIP is conducted. For example, in §§2.255 - 2.267 an MRA IDT recommends state MR facility placement and in §2.268 a state MR facility IDT develops an individual program plan for a minor admitted under the Texas Family Code. In neither of these situations is the CLOIP conducted. It is therefore inappropriate to insert requirements unique to the CLOIP in the definition of IDT. The agency declines to add the suggested requirement about a volunteer advocate because no funds are available to develop the infrastructure necessary to support MRAs or other contractors in identifying, designating, and training public citizens to be effective volunteer advocates. The rule language was not changed in response to the comment.
Comment: Regarding the definition of "state MR facility living options instrument" in §2.253, the commenter suggested modifying language to state that the IDT would recommend the most integrated living arrangement appropriate for the individual.
Response: The agency declines to include the word "integrated" because there is no definition for the term in the rule. Additionally, the agency notes that the definition of "state MR facility living options instrument" is guided by the language in §2.274(g)(4)(D), which states that at the end of the planning meeting the IDT must document its recommendation of whether the individual should remain in the current living arrangement at the state MR facility or move to an alternative living arrangement.
Comment: The commenter stated that, since the style and substance of educational materials are crucial to education and awareness, a provision should be added to §2.274(a)(2)(D) to require the contract MRA to, as part of the CLOIP, "provide and explain other supplemental informational and educational materials developed by the MRA and approved by DADS that provide a more complete explanation of specific types of services within a geographic area." The commenter also suggested requiring the materials to be in a meaningful and consumer friendly format which may include written, audio, pictures, PowerPoint, CD, or DVD format. In addition, the commenter suggested a requirement that communication devices and techniques be utilized to facilitate the involvement of the individual and LAR.
Response: The agency declines to require the contract MRA to provide information about specific types of services within a certain geographic area because, in accordance with §2.274(d)(2), it is the state MR facility's responsibility to obtain this information from the designated MRA to include for consideration by the IDT in a planning meeting. The agency believes the designated MRA is the most appropriate party to gather such information because, in accordance with §2.275 and §2.276, the designated MRA is the entity primarily responsible for facilitating the process that enables a person to choose a specific alternative living arrangement. In its contract with the contract MRA, DADS requires the contract MRA to "provide and explain other informational and educational materials developed and approved by DADS that provide a more complete explanation of specific types of services." For consistency, the agency is requiring the supplemental material to be developed by DADS, not an MRA. Finally, the agency notes that language almost identical to that suggested by the commenter regarding the format of the materials and communication devices is included in the contract with the contract MRA. The rule language was not changed in response to the comment.
Comment: Regarding the contract MRA submitting the results of the CLOIP to the state MR facility in §2.274(a)(5)(A), the commenter requested that the contract MRA also submit the results to "the individual and their LAR, and their designated representatives, or concerned person."
Response: The agency responds that because the individual and LAR are members of the IDT and are provided the results of the CLOIP during the planning meeting that occurs after the CLOIP in accordance with §2.274(g)(2), it is not necessary to submit the CLOIP results to them at the same time as the state MR facility. Regarding submission of the CLOIP results to others, the agency responds that the contract MRA is not authorized to disclose confidential information to others without consent from the individual or LAR. However, if the individual or LAR invites a designated representative or a concerned person to the planning meeting in accordance with §2.274(e)(1), then the representative or concerned person will receive the results of the CLOIP. The rule language was not changed in response to the comment.
Comment: Regarding the contract MRA participating in a planning meeting in §2.274(a)(5)(B), the commenter recommended adding language to allow participation by telephone only if there is "good reason" to do so. Also, the commenter stated that if the contract MRA can be excluded from a planning meeting that includes a CLOIP discussion, then the contract MRA is unduly limited in providing the IDT information about the individual's or LAR's awareness of community living options. Therefore, the commenter suggested deleting the last phrase of the subparagraph which permits the individual or LAR to request the contract MRA not participate in the planning meeting.
Response: The agency declines to require an MRA to show good reason for participating in a planning meeting by telephone because the agency believes an MRA can effectively participate by telephone. Regarding the commenter's claim that the contract MRA would be unduly limited in providing the IDT information about the individual's or LAR's awareness of community living options if the contract MRA is not present at the planning meeting, the agency responds that the CLOIP results submitted by the contract MRA provide detailed information related to the individual's and LAR's awareness of community living options. The agency declines to delete the last phrase of the subparagraph because the agency expects the contract MRA to honor the individual's or LAR's request to not have the contract MRA participate in the planning meeting. The agency notes that in the past year, the individual or LAR requested that the MRA not participate in only seven percent of planning meetings held statewide. The rule language was not changed in response to the comment.
Comment: Also regarding the contract MRA participating in a planning meeting in §2.274(a)(5)(B), the commenter recommended adding language to require the contract MRA to "advocate for the individual or LAR who expressed a desire for an alternate living arrangement."
Response: The agency declines to add language as recommended by the commenter because it is not the role of the contract MRA to advocate for the individual or LAR who expressed a desire for an alternate living arrangement. Texas Government Code, §531.02442(b), states that implementation of the CLOIP is to inform "persons with mental retardation in the institution and their legally authorized representatives of alternative community living options." The rule language was not changed in response to the comment.
Comment: Regarding a planning meeting conducted because the individual or LAR requests a discussion about living options in §2.274(c)(3), the commenter recommended adding language so that "another person on behalf of the individual" also be able to request a discussion about living options and a planning meeting will be conducted.
Response: The agency declines to add language as recommended by the commenter because Texas Government Code, §531.02442(c), limits who may request a CLOIP to "a person with mental retardation who resides in an institution or the person's legally authorized representative." The rule language was not changed in response to the comment.
Comment: Regarding the IDT's review of the individual's or LAR's awareness of living options explained by the designated MRA during the initial planning meeting in §2.274(g)(1), the commenter recommended requiring the IDT to include in a Personal Support Plan: (1) that the MRA place the individual in an alternative community living arrangement if the individual or LAR desires to pursue such a living arrangement and funds are available or on a waiting list; and (2) if appropriate, increase the LAR's awareness of community living options.
Response: The agency declines to add language regarding placing the individual in an alternative community living arrangement or on a waiting list because this language does not include the process for an individual moving from a state MR facility as described in §§2.274 - 2.278. The agency also declines to add the language regarding increasing the LAR's awareness of community living options because the state MR facility already performs this activity in conducting the initial planning meeting as described in the State MR Facility Living Options Instrument. The rule language was not changed in response to the comment.
Comment: The commenter requested language requiring designated MRAs to provide, upon request by the contract MRA, specific information about programs and services available where the individual or LAR, on behalf of the individual, is interested in living. The commenter also suggested adding language that allows the designated MRA to provide the information directly to the individual and LAR or to the contract MRA.
Response: The agency declines to add the suggested language because in accordance with §2.274(d)(2) it is the state MR facility's responsibility to obtain from the designated MRA specific information about services and supports in the area in which the individual is interested in living. The agency believes that the state MR facility is the most appropriate party to request and receive this information because it is responsible for coordinating the planning meetings at which community living options are discussed. The rule language was not changed in response to the comment.
Comment: The commenter requested language to state that if a community referral is anticipated, the designated MRA will participate in the annual or requested planning meeting in order to avoid delay of the process by having to conduct an additional planning meeting to include the designated MRA.
Response: Although the commenter's aim to avoid the rescheduling of a planning meeting is appreciated, the agency declines to add the requested language. This is because it is impracticable to mandate the attendance of the designated MRA representative at a planning meeting based on what could be tenuous anticipation by the state MR facility of a community referral. The rule language was not changed in response to the comment.
Comment: The commenter requested language to state that individuals and LARs will be offered the opportunity to visit living options available in the community and to visit with individuals or peers utilizing these options with their prior consent.
Response: The agency responds that the rule includes such language in §2.274(a)(2)(B). The rule language was not changed in response to the comment.
Comment: The commenter requested a provision requiring adequate notification of the contract MRA of a planning meeting under §2.274(c)(3) so the contract MRA has sufficient time to conduct a CLOIP with the individual and/or LAR, and their designated representatives, or concerned person.
Response: The agency responds that the rule includes such provisions in §2.274(a)(1)(B), (a)(3), (a)(4), and (d)(3)(B). Regarding the commenter's request that the CLOIP be conducted with the "the individual and/or LAR, and their designated representatives, or concerned person," the agency responds that Texas Government Code, §531.02442, limits the CLOIP to the individual and his or her LAR. However, DADS' contract with the contract MRA states that an individual or the LAR can designate any other significant person in his or her life, such as some other interested family member or friend, to be involved in the CLOIP discussions. The rule language was not changed in response to the comment.
Comment: The commenter requested four provisions be added to the rule: (1) The results of the individual's most recent annual planning meeting will be copied for the contract MRA record for preparation and use in CLOIP discussions with the individual and/or LAR. An additional copy will be provided to the individual and/or LAR, and their designated representatives, or concerned person by the contract MRA SC (service coordinator) at the beginning of the CLOIP . (2) The state MR facility qualified MR professional will continue to be responsible for contacting the individual and/or LAR, and their designated representatives, or concerned person and the designated MRA of the date, time and location of the annual planning meeting no later than 45 days in advance. (3) The state MR facility qualified MR professional will continue to have responsibility for discussions with the individual and/or LAR, and their designated representatives, or concerned person that are needed prior to the annual planning meeting, other than the CLOIP. (4) The contract MRA SC will participate in the SMRF planning meeting as a member of the IDT, in addition to the individual and/or LAR, and their designated representatives, or concerned person.
Response: The agency declines to add the requested provisions to the rule because, except for the italicized provisions, nearly identical provisions are included in the contract that DADS has with the contract MRA. Regarding the first three provisions, the italicized text is not included in the contract and the agency declines to include it in the rule because the contract MRA and state MR facility are not authorized to disclose confidential information to others without consent from the individual or LAR. Regarding the italicized text in the fourth provision, the agency notes that §2.274(e) permits the individual or LAR to invite family members, friends, or other interested persons to a planning meeting. The agency declines to add the italicized text because DADS does not have the authority to mandate the participation of a person whose inclusion is requested by the individual or LAR. The rule language was not changed in response to the comment.
Comment: The commenter stated appreciation for DADS' use of respectful language (i.e., "individual" rather than "client") and further urged the department to replace the term "mental retardation" with "intellectual disability," beginning with these rules.
Response: The agency responds that replacing the term "mental retardation" may have broad implications in other areas (e.g., federal and state legislation, rules, clinical diagnosis, funding, and program eligibility). Although the agency has begun reviewing the potential impact of this change, it declines to begin using the term in this rule. The rule language was not changed in response to the comment.
DIVISION 1. GENERAL PROVISIONS
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; §531.02443, which requires DADS to contract with local mental retardation authorities to implement the community living options information process required by §531.02442 for adult residents of state MR facilities; and 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.
§2.253.Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
(1) Actively involved--Significant and ongoing involvement with the individual who does not have the ability to provide legally adequate consent and who does not have an LAR which the individual's planning team deems to be supportive based on the following:
(A) observed interactions of the person with the individual;
(B) advocacy for the individual;
(C) knowledge of and sensitivity to the individual's preferences, values and beliefs; and
(D) availability to the individual for assistance or support when needed.
(2) Applicant--An individual seeking residential services in a state MR facility.
(3) CARE--DADS' Client Assignment and Registration System, a database with demographic and other data about an individual who is receiving services and supports or on whose behalf services and supports have been requested.
(4) CLOIP--Community living options information process. The activities described in §2.274(a)(2) of this subchapter (relating to Consideration of Living Options for Individuals Residing in State MR Facilities) performed by a contract MRA to provide information and education about community living options to an individual who is 22 years of age or older residing in a state MR facility or to the individual's LAR.
(5) Commissioner--The commissioner of DADS.
(6) Consensus--A negotiated agreement that all parties can and will support in implementation. The negotiation process involves the open discussion of ideas with all parties encouraged to express opinions.
(7) Contract MRA--An MRA that has a contract with DADS to conduct the CLOIP.
(8) CRCG (Community Resource Coordination Group)--A local interagency group composed of public and private agencies that develops service plans for individuals whose needs can be met only through interagency coordination and cooperation. The group's role and responsibilities are described in the Memorandum of Understanding on Coordinated Services to Persons Needing Services from More Than One Agency, available on the Health and Human Services Commission website at www.hhsc.state.tx.us/crcg/crcg.htm.
(9) DADS--The Department of Aging and Disability Services.
(10) Dangerous behavior--Behavior exhibited by an individual who is physically aggressive, self- injurious, sexually aggressive, or seriously disruptive and requires a written behavioral intervention plan to prevent or reduce serious physical injury to the individual or others.
(11) Department--Department of Aging and Disability Services.
(12) Designated MRA--The MRA assigned to an individual in CARE.
(13) Discharge--The release by DADS of an individual voluntarily admitted or committed by court order for residential mental retardation services from the custody and care of a state MR facility and termination of the individual's assignment to the state MR facility in CARE.
(14) Emergency admission/discharge agreement--A written agreement between the state MR facility, the individual or LAR, and the designated MRA, sample copies of which are available from the Department of Aging and Disability Services, Provider Services Division, State Mental Retardation Facilities Section, P.O. Box 149030, Mail Code W-511, Austin, Texas 78714-9030, that describes:
(A) the purpose of the emergency admission, including the circumstances that precipitated the need for the admission and the expected outcomes from the admission;
(B) the responsibilities of each party regarding the care, treatment, and discharge of the individual, including how the terms of the agreement will be monitored;
(C) the length of time of the emergency admission, which is that amount of time necessary to accomplish the purpose of the admission; and
(D) the anticipated date of discharge.
(15) Facility of record--The facility that serves the local service area(s) assigned to the individual's designated MRA.
(16) Family-based alternative--A family setting in which the family provider or providers are specially trained to provide support and in-home care for children with disabilities or children who are medically fragile.
(17) Head of the facility--The superintendent or director of a state MR facility.
(18) ICAP (Inventory for Client and Agency Planning)--A validated, standardized assessment that measures the level of supervision an individual requires and, thus, the amount and intensity of services and supports the individual needs.
(19) ICAP service level--A designation that identifies the level of services needed by an individual as determined by the ICAP.
(20) IDT (Interdisciplinary team)--Mental retardation professionals and paraprofessionals and other concerned persons, as appropriate, who assess an individual's treatment, training, and habilitation needs and make recommendations for services, including recommendations of whether the individual is best served in a facility or in a community setting.
(A) Team membership always includes:
(i) the individual;
(ii) the individual's LAR, if any; and
(iii) persons specified by an MRA or a state MR facility, as appropriate, who are professionally qualified and/or certified or licensed with special training and experience in the diagnosis, management, needs, and treatment of individuals with mental retardation.
(B) Other participants in IDT meetings may include:
(i) other concerned persons whose inclusion is requested by the individual or the LAR;
(ii) at the discretion of the MRA or state MR facility, persons who are directly involved in the delivery of mental retardation services to the individual; and
(iii) if the individual is school eligible, representatives of the appropriate school district.
(21) Individual--A person who has or is believed to have mental retardation.
(22) Interstate transfer--The admission of an individual to a state MR facility directly from a similar facility in another state.
(23) IQ (intelligence quotient)--A score reflecting the level of an individual's intelligence as determined by the administration of a standardized intelligence test.
(24) LAR (legally authorized representative)--A person authorized by law to act on behalf of an individual with regard to a matter described in this subchapter, and may include a parent, guardian, or managing conservator of a minor, or the guardian of an adult.
(25) Legally adequate consent--Consent given by a person when each of the following conditions has been met:
(A) legal status: The individual giving the consent:
(i) is 18 years of age or older, or younger than 18 years of age and is or has been married or had his or her disabilities removed for general purposes by court order as described in the Texas Family Code, Chapter 31; and
(ii) has not been determined by a court to lack capacity to make decisions with regard to the matter for which consent is being sought;
(B) comprehension of information: The individual giving the consent has been informed of and comprehends the nature, purpose, consequences, risks, and benefits of and alternatives to the procedure, and the fact that withholding or withdrawal of consent shall not prejudice the future provision of care and services to the individual with mental retardation; and
(C) voluntariness: The consent has been given voluntarily and free from coercion and undue influence.
(26) Less restrictive setting--A setting which allows the greatest opportunity for the individual to be integrated into the community.
(27) Local service area--A geographic area composed of one or more Texas counties delimiting the population which may receive services from a local MRA.
(28) Mental retardation--Consistent with THSC, §591.003, significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
(29) Minor--An individual under the age of 18.
(30) MRA (mental retardation authority)--An entity to which the Health and Human Services Commission's authority and responsibility described in THSC, §531.002(11) has been delegated.
(31) Natural support network--Those persons, including family members, church members, neighbors, and friends, who assist and sustain an individual with supports that occur naturally within the individual's environment and that are not reimbursed or purposely developed by a person or system.
(32) Ombudsman--Consistent with THSC, §533.039, an employee of DADS who is responsible for assisting an individual or LAR if the individual is denied a service by DADS, a DADS program or facility, or an MRA. The ombudsman must explain and provide information on DADS and MRA services, facilities, and programs, and the rules, procedures, and guidelines applicable to the individual denied services, and assist the individual in gaining access to an appropriate program or in placing the individual on an appropriate waiting list.
(33) Permanency planning--A philosophy and planning process that focuses on the outcome of family support for an individual under 22 years of age by facilitating a permanent living arrangement in which the primary feature is an enduring and nurturing parental relationship.
(34) Planning team--A group organized by the MRA and composed of:
(A) the individual;
(B) the individual's legally authorized representative (LAR), if any;
(C) actively-involved family members or friends of the individual who has neither the ability to provide legally adequate consent nor an LAR;
(D) other concerned persons whose inclusion is requested by the individual with the ability to provide legally adequate consent or the LAR;
(E) a representative from the designated MRA; and
(F) a representative from the individual's provider.
(35) PMRA--Persons with Mental Retardation Act, Texas Health and Safety Code, Title 7, Subtitle D.
(36) Provider--A public or private entity that delivers community-based residential services and supports for individuals, including, but not limited to, an intermediate care facility for individuals with mental retardation (ICF/MR) or a nursing facility. The term also includes a public or private entity that provides waiver services.
(37) Related services--Services for school eligible individuals as described in 19 TAC §89.1060 (relating to Definitions of Certain Related Services).
(38) Respite admission/discharge agreement--A written agreement between the state MR facility, the individual or LAR, and MRA, sample copies of which are available from the Department of Aging and Disability Services, Provider Services Division, State Mental Retardation Facilities Section, P.O. Box 149030, Mail Code W-511, Austin, Texas 78714-9030, that describes:
(A) the purpose of the respite admission including the circumstances that precipitated the need for the admission and the expected outcomes from the admission;
(B) the length of time the individual will receive respite services from the state MR facility; and
(C) the responsibilities of each party regarding the care, treatment, and discharge of the individual.
(39) School eligible--A term describing those individuals between the ages of three and 22 who are eligible for public education services.
(40) Service delivery system--All facility and community-based services and supports operated or contracted for by DADS.
(41) Services and supports--Programs and assistance for persons with mental retardation that may include a determination of mental retardation, interdisciplinary team recommendations, education, special training, supervision, care, treatment, rehabilitation, residential care, and counseling, but does not include those services or programs that have been explicitly delegated by law to other state agencies.
(42) Significantly subaverage general intellectual functioning--Consistent with THSC, §591.003, measured intelligence on standardized general intelligence tests of two or more standard deviations (not including standard error of measurement adjustments) below the age- group mean for the tests used.
(43) State MH facility (state mental health facility)--A state hospital.
(44) State MR facility (state mental retardation facility)--A state school or a state center with a mental retardation residential component.
(45) State MR facility living options instrument--A written document used to guide the discussion of living options during a planning meeting that results in a recommendation by the IDT of whether the individual should remain in the current living arrangement at the state MR facility or move to an alternative living arrangement.
(46) THSC--Texas Health and Safety Code.
(47) Waiver services--Home and community-based services provided through a Medicaid waiver program approved by Centers for Medicare and Medicaid Services (CMS) as described in §1915(c) of the Social Security Act.
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 March 13, 2009.
TRD-200901071
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: April 2, 2009
Proposal publication date: October 24, 2008
For further information, please call: (512) 438-3734
The repeal 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; §531.02443, which requires DADS to contract with local mental retardation authorities to implement the community living options information process required by §531.02442 for adult residents of state MR facilities; and 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.
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 March 13, 2009.
TRD-200901073
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: April 2, 2009
Proposal publication date: October 24, 2008
For further information, please call: (512) 438-3734
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; §531.02443, which requires DADS to contract with local mental retardation authorities to implement the community living options information process required by §531.02442 for adult residents of state MR facilities; and 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.
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 March 13, 2009.
TRD-200901072
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: April 2, 2009
Proposal publication date: October 24, 2008
For further information, please call: (512) 438-3734