25 TAC §§409.301-409.306
The Texas Department of Mental Health and Mental Retardation
(TDMHMR) adopts the repeal of §§409.301-409.306, concerning, governing
diagnostic services for persons with potential of mental retardation without
changes to the text as proposed in the October 17, 1997, issue of
the
Texas Register
(22 TexReg 10236).
The repeal complies with amendments to the Texas Health and Safety Code
by the 73rd Legislature which allow a diagnosis of mental retardation to be
provided by a physician or a psychologist. The current four part diagnosis
and evaluation process described in this subchapter, which requires medical,
psychological, social and developmental assessments, would be discontinued.
A public hearing was held on October 29, 1997, in Austin, with no oral
or written testimony was offered. A written comment was received from a Houston
clinical and forensic psychologist. The commenter recommended the department
continue to identify and require functional assessments as the primary measure
of functioning for purposes of delineating the level of care required, e.g.
residential placement, sheltered workshop placement, etc. The department responds
that an agency rule (Chapter 405 Subchapter D, concerning Determination of
Mental Retardation and Appropriateness for Admission to Mental Retardation
Services) adopted in response to the statutory changes by the 73rd Legislature
requires an assessment of adaptive behavior. In addition, placement recommendations
and reimbursement are determined in part by a functional assessment instrument
called the Inventory for Client and Agency Planning (ICAP).
The repeal is adopted under the Texas Health and Safety Code,
§532.015(a), which provides TDMHMR with broad rulemaking authority; Texas
Human Resource Code, §32.021, and Texas Government Code, §531.021,
which provide the Texas Health and Human Services Commission (THHSC) with
the authority to administer federal medical assistance funds and administer
the state's medical assistance program. Senate Bill 509 of the 74th Texas
Legislature clarifies THHSC's authority to delegate the operation of all or
part of a Medicaid program to a health and human service agency.
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 January
12, 1998.
TRD-9800425
Ann Utley
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Effective date: April 1, 1998
Proposal publication date: October 17, 1997
For further information, please call: (512) 206-4516