Part I.
Texas Department of Human Services
Chapter 3.
Income Assistance Services
Subchapter V. Medicaid Eligibility
40 TAC §3.2203, §3.2204
The Texas Department of Human Services (DHS) adopts amendments
to §3.2203, concerning four months post-Medicaid eligibility, and §3.2204,
concerning type program 07 Medicaid, in its Income Assistance Services chapter.
The justification for the amendments is to comply with Section 1931 of
the Social Security Act of 1996, effective August 22, 1996.
The amendments will function by ensuring that DHS will be in compliance
with an interpretation from the Health Care Financing Administration of Public
Law 104-193, which allows clients to have continued Medicaid coverage and
go to their own doctor instead of the emergency room.
The amendments are adopted under the Human Resources Code, Title
2, Chapter 31, which provides the department with the authority to administer
financial assistance programs. The amendments are adopted in compliance with
federal requirements effective August 22, 1996.
The amendments implement the Human Resources Code, §§31.001-
31.0325.
§3.2203.Four Months Post-Medicaid Eligibility.
Households who receive Temporary Assistance for Needy Families (TANF)
or Medicaid only under Section 1931 of the Social Security Act and are denied
because of receipt of child support are eligible for four months post-Medicaid
as stipulated in the Social Security Act, 406(h).
§3.2204.Type Program 07 Medicaid.
(a)
For Temporary Assistance for Needy Families (TANF) households
in the State Welfare Reform Control Group as described in §3.6004 of
this title (relating to Applicability of Aid to Families with Dependent Children
(AFDC) Policies Resulting from Human Resources Code §31.0031, Dependent
Child's Income; Human Resources Code §31.012, Mandatory Work or Participation
in Employment Activities Through the Job Opportunities and Basic Skills Training
Program; Human Resources Code §31.014, Two-Parent Families; and Human
Resources Code §31.032, Investigation and Determination of Eligibility)
the following apply:
(1)
Households who receive TANF or Medicaid only under Section
1931 of the Social Security Act and are denied because of new or increased
earnings or because of increased work hours of the principle wage earner parent
on a TANF Unemployed Parent case are eligible for 12 months post-Medicaid,
as stipulated in the Social Security Act, 1925.
(2)-(3)
(No change.)
(b)
All other households who receive TANF or Medicaid only
under Section 1931 of the Social Security Act and are denied because of new
or increased earnings are eligible for 12 months post-Medicaid for reasons
stipulated in the Social Security Act, 1925, as long as an eligible child
resides in the home, except for those households eligible for 18 months post-Medicaid.
Households are eligible for 18 months post-Medicaid in this situation if the
caretaker or second parent is exempt from Choices participation and voluntarily
participates in Choices as specified in Human Resources Code §31.012.
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 April
15, 1999.
TRD-9902199
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: August 22, 1996
For further information, please call: (512) 438-3765
Subchapter F. In-Home and Family Support Program
40 TAC §48.2702
The Texas Department of Human Services (DHS) adopts an amendment
to §48.2702, without changes to the proposed text published in the March
12, 1999, issue of the
Texas Register
(24
TexReg 1760).
Currently, DHS requires that an applicant for the In-Home and Family Support
Program (IH/FSP) file an application form to access the program waiting list.
DHS has determined this is an unnecessary burden on applicants and is removing
this barrier to waiting list access by revising the rule. The revised rule
will allow an applicant's name to be placed on the IH/FSP list by simply making
a verbal request for IH/FSP assistance. The new procedures have been developed
for all DHS Community Care programs, thereby allowing people to apply for
IH/FSP through the Community Care intake system, rather than being referred
to a separate system for IH/FSP. In addition, applicants can access the waiting
list more expediently through a telephone request, and will not be required
to complete an application form until services are actually available.
The amendment will function by providing a streamlined process for IH/FSP
applicants to access the program's waiting list.
During the public comment period, DHS received a comment from the Coalition
of Texans with Disabilities in support of the proposal.
The amendment is adopted under the Human Resources Code, Title
2, Chapters 22 and 35, which provides the department with the authority to
administer public assistance and support services to people with disabilities.
The amendment implements §§22.001-22.030 and 35.001-35.012 of
the Human Resources Code.
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 April
19, 1999.
TRD-9902251
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: May 15, 1999
Proposal publication date: March 12, 1999
For further information, please call: (512) 438-3765
The Texas Department of Human Services (DHS) adopts the repeal of
§69.212, and adopts new §69.212, without changes to the proposed
text published in the March 12, 1999, issue of the
Texas Register
(24 TexReg 1760).
The justification for the repeal and new section is to ensure that DHS
makes every reasonable effort to reduce risks associated with Year 2000 problems.
To adequately address its responsibilities, DHS is adopting a new rule to
(1) require the continuation of contract deliverables provided prior to Year
2000, as well as those provided on or after Year 2000 (some pre-year 2000
deliverables are dependent upon Year 2000 recognition); (2) require the continuation
of contract deliverables according to the contract, rather than addressing
only health and safety issues; (3) assure that embedded/imbedded logic integral
to systems used to deliver goods and services, not just the contractor's computer
systems, will not negatively influence the provision of contract deliverables;
and (4) address actions that DHS may take to cure contractors' noncompliance
with the rule.
The repeal and new section will function by ensuring that the delivery
of contracted goods and services to Texas' neediest families and individuals
are not interrupted, disrupted, degraded, delayed, or misapplied due to Year
2000 automation difficulties.
No comments were received regarding adoption of the repeal and new section.
Subchapter L. Contract Administration
Chapter 48.
Community Care for Aged and Disabled
Chapter 69.
Contracted Services