40 TAC §15.417
The Texas Department of Human Services (DHS) adopts an amendment
to §15.417 without changes to the proposed text published in the April
21, 2000, issue of the
Texas Register
(25
TexReg 3506).
The amendment is justified to correctly reflect federal law that transfer
of assets provisions in the Omnibus Budget Reconciliation Act of 1993 in Social
Security Act §1917(c)(2)(B)(iv) (42 U.S.C. §1396p(c)(2)(B)(iv))
(P.L. 103-66) do apply to pooled trusts established for individuals age 65
and over. DHS Legal Services staff requested the amendment after an advocacy
agency pointed out the error in the department's rules.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, Title
2, Chapters 22 and 32, which authorizes the department to administer public
and medical assistance programs and under Texas Government Code §531.021,
which provides the Health and Human Services Commission with the authority
to administer federal medical assistance funds.
The amendment implements the Human Resources Code, §§22.001-
22.030 and §§32.001-32.042.
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 10, 2000.
TRD-200004751
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: September 1, 2000
Proposal publication date: April 21, 2000
For further information, please call: (512) 438-3108