Part II
Texas Rehabilitation Commission
Chapter 110. Legal Services
40 TAC §110.2
The Texas Rehabilitation Commission proposes new §110.2, concerning subrogation. The section is being proposed to ensure the commission recovers funds expended that are owed under the commission's right of subrogation.
Charles Schiesser, Chief of Staff, has determined that for the first five-year peiod the section is in effect, there will be no fiscal implications for state or local government.
Mr. Schiesser also has determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be the recovery of funds expended by the commission. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.
For further information, please contact Roger Darley, Deputy General Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite 7300, Austin, Texas 78751.
Comments on the proposal may be submitted to Simon Y. Rodriguez, General Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite 7300, Austin, Texas 78751.
The new section is proposed under the Texas Human Resources Code, Title 7, Chapter 111, §111.018 and §111.023, which provides the Texas Rehabilitation Commission with the authority to promulgate rules consistent with Title 7, Texas Human Resources Code.
The Human Resources Code, §111.059 is affected by this proposal.
§110.2. Subrogation.
(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Attorney general - The Office of the Attorney General of Texas, acting throuugh the Bankruptcy and Collections Division of the agency.
(2) Commission - The Texas Rehabilitation Commission.
(3) Client - Any person who has applied for or received rehabilitation services from the commission.
(4) Subrogation - The commission's right, established by statute, to recover the cost of rehabilitation services for a client from personal insurance, from another person for personal injury caused by the other person's negligence or wrongdoing, or from any other source.
(5) Private attorney - An attorney retained individually by a client to pursue a private claim or cause of action.
(b) Legal basis for subrogation. Human Resources Code, §111.059, provides that in furnishing a person rehabilitation services, including medical care services, the Texas Rehabilitation Commission is subrogated to the person's right of recovery from personal insurance, from another person for personal injury caused by the other person's negligence or wrongdoing, or from any other source.
The commission's right of subrogation is limited to the cost of services provided, and the commissioner may totally or partially waive the commission's right of subrogation when the commissioner finds that enforcement would tend to defeat the purpose of rehabilitation.
(c) Collection of subrogated claims. If the client's private attorney elects to acknowledge and pursue the commission's subrogated interest in a claim, then the Office of the General Counsel will work with the attorney to collect the commission's portion of the claim. If the commission's subrogated interest cannot be adequately protected by the private attorney, the Office of the General Counsel will refer the claim to the attorney general for collection.
(d) Cooperation with clients and private attorneys. The commission will cooperate with clients and private attorneys in matters relating to client claims.
(e) Requests for waiver. Requests by clients or private attorneys that the commissioner totally or partially waive the commission's right of subrogation, on the basis that enforcement would tend to defeat the purpose of rehabilitation, should be submitted to the Office of the General Counsel.
(f) The commission may use subrogation receipts as authorized by law.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 29, 1997.
TRD-9717194
Charles Schiesser
Chief of Staff
Texas Rehabilitation Commission
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 424-4050
Part IV. Texas Commission for the Blind
Chapter 161. Scope of Services and General Clientele
40 TAC §161.5
(Editor's note: The text of the following section proposed for repeal will not be published. The section may be examined in the offices of the Texas Commission for the Blind or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission for the Blind proposes the repeal of §161.5, concerning Confidentiality of Records. The section has been rewritten and is being simultaneously proposed as new sections in Chapter 163 of this title (pertaining to the Vocational Rehabilitation Program), which is the more appropriate placement for the rules. The repeal is necessary because of recent changes to federal regulations governing the State Vocational Rehabilitation Services Program. The Commission's enabling statues require the agency to cooperate with the federal government in providing vocational rehabilitation services, to comply with federal conditions required to secure the full benefits of the federal laws, and to provide services to individuals eligible under federal law.
Ernest Pereya, Deputy Director of Administration and Finance, has determined that for the first five years the repeal is in effect there will be no fiscal implcations for state or local government.
Mr. Pereya also has determined that for each year of the first five years the repeal as proposed is in effect the public benefit anticipated as a result of the repeal will be a clearer public understanding of the vocational rehabilitation program in Texas and a rulebase that conforms to federal regulations to assure full federal funding of the program. There will be no effect on small businesses. There is no anticipated economic cost to individuals as a result of the repeal.
Questions about the content of this proposal may be directed to Jean Crecelius at (512) 459-2611 and written comments on the proposal may be submitted to Policy and Rules Coordinator, P.O. Box 12866, Austin, Texas 78711, within 30 days from the date of this publication.
The repeal is proposed under Human Resources Code, Title 5, Chapter 91, §91.011(g), which authorizes the commission to adopt rules prescribing the policies and procedures followed by the commission in the administration of its programs.
The repeal affects Human Resources Code, Title 5, §91.052, concerning the vocational rehabilitation program for the blind.
§161.5. Confidentiality of Records.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 19, 1997.
TRD-9717155
Terrell I. Murphy
Interim Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 459-2611
Chapter 163. Vocational Rehabilitation Program
Subchapter H. Confidentiality of Records
40 TAC §§163.85-163.87
The Texas Commission for the Blind proposes new §§163.85, 163.86, and 163.87 for administering the agency's vocational rehabilitation program. The sections will be contained in a new Subchapter H, Confidentiality of Records. The proposed sections set forth the conditions under which consumer and application personal information maintained by the Commission may be provided outside the agency and to applicants and consumers.
The Commission's enabling statutes require the agency to cooperate with the federal government in providing vocational rehabilitation services, to comply with federal conditions required to secure the full benefits of federal laws, and to provide services to individuals eligible under federal law.
Federal regulations state that all personal information gathered by the Commission about applicants and consumers in the administration of the Vocational Rehabilitation Program is confidential. The Commission has written its rules for releasing personal information in conformance with recent changes to federal regulations governing the State Vocational Rehabilitation Services Program to implement changes to the Rehabilitation Act of 1973.
Ernest Pereya, Deputy Director of Administration and Finance, has determined that for the first five years the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.
Mr. Pereya also has determined that for each year of the first five years the rule as proposed as in effect the public benefits anticipated as a result of enforcing the rules will be a rulebase that protects the records of applicants and consumers in accordance with applicable laws. There will be no effect on small businesses. There is no anticipated economic cost to individuals who are required to comply with the rule.
Questions about the content of this proposal may be directed to Jean Crecelius at (512) 459-2611 and written comments on the proposal may be submitted to Policy and Rules Coordinator, P.O. Box 12866, Austin, Texas 78711, within 30 days from the date of this publication.
The new sections are proposed under Human Resources Code, Title 5, Chapter 91, §91.011(g), which authorizes the commission to adopt rules prescribing the policies and procedures followed by the commission in the administration of its programs.
The new sections affect Human Resources Code, Title 5, §91.052, concerning the vocational rehabilitation program for the blind.
§163.85. Confidentiality of Personal Information.
All applicant and consumer personal information furnished to and gathered by the Commission in the administration of this chapter, including the names, addresses, records of agency evaluations, reports of medical examinations and treatments, financial information, and photographs shall be held confidential in accordance with these rules, 34 Code of Federal Regulations §361.38 (relating to the protection, use, and release of personal information), Texas Human Resources Code, Title 5, §91.059 (relating to the misuse of information, and state laws concerning the abuse or neglect of children, elderly persons, and disabled persons.
§163.86. Conditions for Release of Personal Information.
(a) Personal information shall not be disclosed directly or indirectly outside the Commission unless the applicant or consumer's consent has been obtained in writing, or unless the disclosure of release of personal information:
(1) is required by federal law;
(2) is required in response to investigations in connection with law enforcement, fraud or abuse, and in response to judicial order; or
(3) is required in order to protect the individual or others when the individual poses a threat to his or her own safety or the safety of others.
(b) Information concerning identifiable personal information shall not be shared with advisory or other bodies that do not have official responsibility for administration of the program.
(c) Personal information may be release to an organization, agency, or individual engaged in audit, evaluation, or research only for purposes directly connected with the administration of the vocational rehabilitation program; or for purposes that would significantly improve the quality of life for applicants and eligible individuals and only if the organization, agency, or individual assures that:
(1) the information will be used only for the purposes for which it is being provided;
(2) the information will be released only to persons officially connected with the audit, evaluation, or research;
(3) the information will not be released to the involved individual;
(4) the information will be managed in a manner to safeguard confidentiality;
(5) the final product will not reveal any personal identifying information without the informed written consent of the involved individual or the individual's representative.
§163.87. Access to Records by Applicants and Consumers.
(a) Subject to the exceptions contained in subsection (b) of this section, upon receiving a signed request from an applicant or consumer, the Commission shall, in a timely manner, provide a copy of all requested information maintained by the Commission relating to the applicant or consumer to the individual or the individual's representative.
(b) The following are exceptions to subsection (a) of this section:
(1) Medical, psychological, or other information that the Commission determines may be harmful to an applicant may not be released directly to the individual, but most be provided to the individual through a third party chosen by the individual, which may include, among others, an advocate, a family member, or a qualified medical or mental health professional, unless a representative has been appointed by a court to represent the individual, in which case the information must be released to the court-appointed representative.
(2) If personal information has been obtained from another agency or organization, it may be released only by, or under the conditions established by, the other agency or organization.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Issued in Austin, Texas, on December 19, 1997.
TRD-9717154
Terrelly I. Murphy
Interim Executive Director
Texas Commission for the Blind
Earliest possible date of adoption: February 9, 1998
For further information, please call: (512) 459-2611
Part XX.
Texas Workforce Commission
Chapter 800.
General Administration
The Texas Workforce Commission (Commission) proposes new §§800.101,
800.102, 800.112-800.115, 800.118-800.119, 800.151-800.152, 800.161, 800.171-800.177,
800.181-800.182, and 800.191, concerning the Incentive Award and Sanctions
Rules.
The Texas Government Code §302.021 gave the Commission the authority
and responsibility for administering twenty eight workforce programs in Texas.
In order to meet that responsibility, the Commission proposes Incentive Award
and Sanctions Rules to assist local programs in meeting performance requirements
and encouraging a high level of performance.
The rules provide for an adjustment model to be used to adjust the incentive
measures for local conditions. The methodology proposed is based on the experience
and logic of a model used by the federal government in a workforce training
program. The methodology is based on a statistical technique called multiple
regression analysis which addresses the relationship between the outcome and
several explanatory factors. The relationship with each explanatory factor
is determined while taking into account its relationship with all the other
factors. Each adjustment weight represents how much the outcome can be expected
to change with a one-unit change in an explanatory factor, while holding the
other explanatory factors constant. The influence of a set of explanatory
factors can be determined by summing the influence of each explanatory factor.
Economic factors in the local areas which may be considered in the adjustment
model include unemployment rate, three-year growth of earnings in retail and
wholesale trade, annual earnings in retail and wholesale trade, employment
in manufacturing, agriculture and wholesale trade, population density, percentage
of families below the federally established poverty level, and employer/resident
worker ratio. The data sources for the local economic factors are calculated
from Bureau of Labor Statistics and Bureau of Census reports. Client characteristics
which may be considered include the percentage of two-parent Temporary Assistance
to Needy Families (TANF) families, education level, length of time on the
welfare roll, gender, age, and ethnic groups.
The proposed rules describe procedures used by the Commission to provide
incentive awards. Section 800.101 states that the purpose of the incentive
award rules is to recognize Local Workforce Development Boards (boards) which
have achieved a high level of performance. Section 800.102 defines terms used
in the incentive award rules. Section 800.112 lists the criteria used by the
Commission in making incentive awards. Section 800.113 describes the non-monetary
awards which may be made by the Commission. Section 800.114 describes the
possible monetary awards. Section 800.115 lists the factors considered by
the Commission and a method of calculation used by the Commission to adjust
incentive measures to ensure that the local conditions of each board are taken
into consideration in the granting of incentive awards. Section 800.118 describes
the distribution of incentive awards. Section 800.119 describes the requirements
in the use of incentive award funds.
The proposed rules also describe the sanctions which may be imposed by
the Commission in the case of violations. Section 800.151 states that the
purpose of the rules is to increase the accountability of the boards and to
ensure that performance requirements are met. Section 800.152 defines terms
used in the sanctions rules. Section 800.161 describes the preventive maintenance
provided by the Commission in the form of technical assistance, program and
fiscal monitoring as well as quality assurance reviews. Section 800.171 lists
some possible level one sanctions which may be imposed by the Commission.
Section 800.172 lists some possible level two sanctions. Section 800.173 lists
some possible level three sanctions. Section 800.174 lists some violations
which might subject a board to level one sanctions. Section 800.175 lists
some violations which might subject a board to level two sanctions. Section
800.176 lists some violations which might subject a board to level three sanctions.
Section 800.177 describes program specific sanctions. Section 800.181 describes
the procedures used by the Commission to enforce sanctions. Section 800.182
describes notice requirements. Section 800.191 describes appeal procedures.
Randy Townsend, Director of Finance, has determined that for the first
five-year period the rules are in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the
proposed incentive awards and sanctions rules. Mr. Townsend has certified
that there will be no foreseeable impact on local economies or overall employment
as a result of enforcing or administering the proposed incentive awards and
sanctions rules.
Alan Miller, Director of Workforce Development, also has determined that
for each of the first five years the rules are in effect, the public benefit
anticipated as a result of enforcing the rules will be increased accountability
and successful performance by the local programs. There is no anticipated
adverse impact on small business as a result of enforcing or administering
the proposed incentive awards and sanctions rules. There are no anticipated
economic costs to persons who are required to comply with the rules as proposed.
All official comments submitted to Barbara Cigainero will be considered
before the final rules are adopted. Comments on the proposed rules may be
submitted to Barbara Cigainero, Deputy Director of Operational Services, Texas
Workforce Commission Building, 101 East 15th Street, Room 130BT, Austin, Texas
78778, (512) 936-3395. Comments may also be submitted via fax to Ms. Cigainero
at (512) 463-3424 or e-mailed to: bcigaine@twc.state.tx.us. Comments must
be received by the Commission by 5:00 p.m. on February 10, 1998, for consideration.
Subchapter D. Incentive Award Rules