Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 12.
SPECIAL NUTRITION PROGRAMS
Subchapter A. CHILD AND ADULT CARE FOOD PROGRAM
40 TAC §§12.2, 12.3, 12.15
The Texas Department of Human Services (DHS) adopts amendments
to §§12.2, 12.3, and 12.15, without changes to the proposed text
published in the January 21, 2000, issue of the
Texas Register
(25 TexReg 359).
The justification for the amendments is to implement provisions of the
Child Nutrition Reauthorization Act of 1998 (Public Law 105-336), which was
signed into effect on October 31, 1998, including transferring administrative
responsibility for the Homeless Children Nutrition Program from the Summer
Food Service Program to the Child and Adult Care Food Program (CACFP), and
requiring certain child nutrition programs contractors to distribute information
related to the Women, Infants, and Children (WIC) program. The amendments
also amend the definition of low-income area in the CACFP.
When DHS published rules to implement program requirements relating to
the availability of expansion funds, the United States Department of Agriculture
(USDA) had instructed state agencies to rely on the definition of low-income
area used in the Summer Food Service Program (SFSP), since CACFP regulations
did not contain such a definition. Federal regulations now contain a definition
of low-income area, which is inconsistent with the adapted SFSP definition
currently contained in the rules. DHS is amending its CACFP rules to rely
on a citation by reference to the definition of low-income area contained
in the CACFP regulations (7 Code of Federal Regulations 226.2) and eliminate
the conflict by removing the definition of low-income area currently contained
in DHS rules.
The Act repeals the Homeless Children Nutrition Program and transfers the
administration of nutrition benefits to homeless children from the SFSP to
the CACFP. This administrative transfer provides homeless children residing
in emergency shelters with access to nutritious meals and snacks year round
through the CACFP, effective July 1, 1999. The Act also makes provision for
emergency shelters that had been participating in the SFSP to continue to
participate in the SFSP for the remainder of the federal fiscal year.
The Act also requires DHS to distribute WIC promotional materials to child
nutrition program contractors participating in the CACFP, except outside-school-hours-care
centers, and to ensure that the contractors provide the information to parents
when they enroll their children for child care. DHS must also distribute periodic
updates to sponsors and facilities and ensure that the updated information
is provided to the parents of enrolled children. The materials are intended
to inform potential WIC program participants of the availability and benefits
of the WIC program.
To facilitate implementation of these requirements, USDA has issued guidance
to states instructing them to implement the provisions of the Act prior to
the publication of regulations in the Federal Register. Therefore, DHS is
adopting rules which stipulate the program requirements based on the guidance
received from USDA, rather than publishing a citation by reference to federal
regulations.
The amendments will function by eliminating a definition that conflicts
with federal regulations, providing an expanded availability of nutrition
services for homeless children, and providing an increased awareness of the
availability of WIC services. The amendments will also improve the nutritional
well-being of Texas children.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, Title
2, Chapters 22 and 33, which provides the department with the authority to
administer public and nutritional assistance programs.
The amendments implement §§22.001-22.030 and 33.001-33.024 of
the Human Resources Code; and the Child Nutrition Reauthorization Act of 1998
(Public Law 105-336).
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 6, 2000.
TRD-200001693
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 26, 2000
Proposal publication date: January 21, 2000
For further information, please call: (512) 438-3108
Subchapter B. SERVICE REQUIREMENTS
40 TAC §§47.2902, 47.2905, 47.2912, 47.2913
The Texas Department of Human Services (DHS) adopts amendments
to §§47.2902, 47.2905, 47.2912, and 47.2913, without changes to
the proposed text published in the December 31, 1999, issue of the
Texas Register
(24 TexReg 12028).
The justification for the amendments is to change the reference to the
form authorizing community care services to the new generic long term care
claims management system form, which became effective September 1, 1999.
The amendments will function by providing faster services to consumers
since provider agencies will know which form to use to request DHS's approval
for community care services.
No comments were received regarding adoption of the amendments.
The amendments are adopted under the Human Resources Code, Title
2, Chapters 22 and 32, which provides the department with the authority 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 amendments implement §§22.001-22.030 and §§32.001-32.042
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 March 2, 2000.
TRD-200001667
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 1, 2000
Proposal publication date: December 31, 1999
For further information, please call: (512) 438-3108
40 TAC §49.11
The Texas Department of Human Services (DHS) adopts an amendment
to §49.11, without changes to the proposed text published in the December
31, 1999, issue of the
Texas Register
(24
TexReg 12030).
The justification for the amendment is to change the reference to the form
authorizing community care services to the new generic long term care claims
management system form, which became effective September 1, 1999.
The amendment will function by providing faster services to consumers since
provider agencies will know which form to use to request DHS's approval for
community care services.
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 provides the department with the authority 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 §§22.001-22.030 and §§32.001-32.042
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 March 2, 2000.
TRD-200001668
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 1, 2000
Proposal publication date: December 31, 1999
For further information, please call: (512) 438-3108
Subchapter D. SERVICE DELIVERY REQUIREMENTS
40 TAC §52.401
The Texas Department of Human Services (DHS) adopts an amendment
to §52.401, without changes to the proposed text published in the December
31, 1999, issue of the
Texas Register
(24
TexReg 12030).
The justification for the amendment is to change the reference to the form
authorizing community care services to the new generic long term care claims
management system form, which became effective September 1, 1999.
The amendment will function by providing faster services to consumers since
provider agencies will know which form to use to request DHS's approval for
community care services.
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 provides the department with the authority 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 §§22.001-22.030 and §§32.001-32.042
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 March 2, 2000.
TRD-200001669
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: April 1, 2000
Proposal publication date: December 31, 1999
For further information, please call: (512) 438-3108
Subchapter H. DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS
Chapter 47.
PRIMARY HOME CARE
Chapter 49.
CONTRACTING FOR COMMUNITY CARE SERVICES
Chapter 52.
EMERGENCY RESPONSE SERVICES
Chapter 98.
ADULT DAY CARE AND DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS