Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
The Texas Department of Human Services (DHS) proposes to amend §3.704,
concerning types of resources, and §3.3703, concerning food stamp basis
of issuance tables, in its Texas Works chapter. The purpose of the amendment
to §3.704 is to change the equity value of a vehicle that can be excluded
from countable resources. The proposed amendment excludes vehicles with equity
of $1,500 or less instead of the current exemption, which exempts vehicles
with equity of less than one- half of a household's resources. This change
will make DHS in compliance with new federal food stamp regulations. The purpose
of the amendment to §3.3703 is to add a new reference that increases
the maximum excess shelter deduction from $300 to $340, and make DHS in compliance
with federal regulation changes that became effective March 1, 2001.
Jerry Friedman, executive deputy commissioner, has determined that for
the first five-year period the proposed section will be in effect there will
be no fiscal implications for state or local governments as a result of enforcing
or administering the section.
Mr. Friedman also has determined that for each year of the first five years §3.704
is in effect, the public benefit anticipated as a result of adoption of the
proposed rule will be that households with a $2,000 resource limit, which
currently are allowed to exclude a vehicle with equity of up to $1,000, will
be able to exclude a vehicle with an equity value of up to $1,500. The affected
population is more likely to find and retain employment and be eligible for
food stamps while owning a more reliable vehicle, which currently will deny
their case.
Mr. Friedman has determined that for each year of the first five years §3.3703
is in effect, the public benefit anticipated as a result of adoption of the
proposed rule will be a higher deduction ceiling applied to the determination
of net income for households with shelter cost that exceed 50% of the household's
adjusted gross income. Net income is the determining factor of benefit allotment.
As a result, the affected population is more likely to be eligible for a higher
allotment of food stamps. There will be no effect on small or micro businesses
as a result of enforcing or administering the sections, because it will help
more families potentially become eligible for food stamps. There is no anticipated
economic cost to persons who are required to comply with the proposed sections.
Questions about the content of this proposal may be directed to Melissa
Senz at (512) 438-4930 in DHS's Texas Works. Written comments on the proposal
may be submitted to Supervisor, Rules and Handbooks Unit-178, Texas Department
of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within
30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, DHS has determined
that Chapter 2007 of the Government Code does not apply to these rules. Accordingly,
the department is not required to complete a takings impact assessment regarding
these rules.
Subchapter G. RESOURCES
40 TAC §3.704
The amendment is proposed under the Human Resources Code,
Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The amendment implements the Human Resources Code, §§31.001-
31.030.
§3.704.Types of Resources.
(a) - (c)
No change.
(d)
Food stamps. Exclusions from resources for food stamps
are those stipulated in the Food Stamp Act of 1977 as amended by Title VIII,
Section 810 of Public Law 104-193, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996. [
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.
Filed with the Office of
the Secretary of State, on August 10, 2001.
TRD-200104625
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 23, 2001
For further information, please call: (512) 438-3734
40 TAC §3.3703
The amendment is proposed under the Human Resources Code,
Title 2, Chapter 31, which authorizes DHS to administer financial assistance
programs.
The amendment implements the Human Resources Code, §§31.001-
31.030.
§3.3703.Food Stamp Basis of Issuance Tables.
The Texas Department of Human Services
(DHS)
amends the
basis of issuance tables, standard deductions, and allotment levels on an
annual basis each October, as required by Section 3(o) and 5(e) of the Food
Stamp Act of 1977 as amended by Title VIII, Sections 804 and 809 of Public
law 104-193, Personal Responsibility and Work Opportunity Reconciliation Act
of 1996
, and as amended by Public Law 106-387, the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies Appropriations
Act of 2001
.
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.
Filed
with the Office of the Secretary of State, on August 10, 2001.
TRD-200104626
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 23, 2001
For further information, please call: (512) 438-3734
Subchapter J. 1915(C) MEDICAID HOME AND COMMUNITY-BASED WAIVER SERVICES FOR AGED AND DISABLED ADULTS WHO MEET CRITERIA FOR ALTERNATIVES TO NURSING FACILITY CARE
40 TAC §48.6003
The Texas Department of Human Services (DHS) proposes an
amendment to §48.6003, concerning client eligibility criteria, in its
Community Care for Aged and Disabled chapter. The purpose of the amendment
is to allow individuals to bypass the interest list if they are Medicaid recipients
who request Community Based Alternatives (CBA) services and meet the eligibility
criteria while residing in a nursing facility. If an individual leaves the
nursing facility for a community setting before CBA enrollment, the individual
will be placed on the interest list with the date services are requested.
The proposed rule also will specify that DHS will suspend enrollment into
the CBA program as long as the census exceeds funded limits.
Jerry W. Friedman, Executive Deputy Commissioner, has determined that for
the first five-year period the proposed section is in effect there will be
no fiscal implications for state or local governments as a result of enforcing
or administering the section.
Mr. Friedman 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 adoption
of the proposed rule will be to make CBA eligibility determination more equitable.
This rule change also will provide a balance between nursing facility residents
and individuals living in a community when determining CBA eligibility. There
will be no adverse economic effect on large, small, or micro businesses because
while individuals can be affected, the total number of individuals who are
able to receive CBA services is of a sufficient size so that businesses that
provide these services should not have a significant, if any, reduction in
clients. There is no anticipated economic cost to persons who are required
to comply with the proposed section.
Questions about the content of this proposal may be directed to Gerardo
Cantu at (512) 438-3693 in DHS's Community Care Waiver Department. Written
comments on the proposal may be submitted to Supervisor, Rules and Handbooks
Unit-170, Texas Department of Human Services E-205, P.O. Box 149030, Austin,
Texas 78714-9030, within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendment is proposed 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.
§48.6003.Client Eligibility Criteria.
(a)
(No change.)
(b)
Enrollment in the Community Based Alternatives (CBA) program
is limited to the number of participants approved by the
Centers for
Medicare and Medicaid Services (CMS)
[
(1)
Eligible individuals are to be enrolled from the CBA interest
list on a "first
-
come, first
-
served" basis, except
for individuals who meet the following criteria:
(A)
children age 21 who are no longer eligible for the Medically
Dependent Children[
(B)
children age 21 who have been receiving nursing services
through the Texas Health Steps Program and are no longer eligible; or
[(C)
individuals who have been residents of
nursing facilities within the past six months.]
(2)
To promote independence in the community,
individuals residing in a Texas nursing facility who are enrolled in Medicaid
are approved for CBA services if they request services and meet all eligibility
criteria while residing in a Texas nursing facility. If the individual moves
from a nursing facility to a community setting before CBA enrollment, the
individual is denied CBA services and his name is added to the CBA interest
list with the date he requested CBA services.
[(2)
DHS will suspend enrollment into the
CBA program when the census reaches funded capacity except for those individuals
who meet the criteria specified in paragraph (1)(A)-(C) of this subsection.]
(3)
DHS suspends enrollment into the CBA program
as long as the census of program participants exceeds funded limits. During
periods of suspended enrollment, those individuals who meet the criteria specified
in paragraph (2) of this subsection are placed at the top of the interest
list on a first-come, first-served basis. For purposes of this section, the
census is considered to have exceeded funded limits when DHS determines that
the combination of existing caseloads and individuals described in (1) (A)
and (1) (B) of this subsection exceed funded limits within the current budget
period.
(c) - (d)
(No change.)
(e)
Individuals transferring from a nursing facility or the
Medically Dependent Children[
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.
Filed with the Office of
the Secretary of State, on August 13, 2001.
TRD-200104656
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 23, 2001
For further information, please call: (512) 438-3734
Chapter 159.
ADMINISTRATIVE RULES AND PROCEDURES
Subchapter A. GENERAL INFORMATION
Additionally, a licensed vehicle is excluded
if the equity is less than 50% of the household's resource limit.
]
Subchapter KK. SUPPORT DOCUMENTS
Chapter 48.
COMMUNITY CARE FOR AGED AND DISABLED
Health Care Financing Administration
(HCFA)
] or the availability of state funding.
's
] Program (MDCP);
's
] Program are exempt from subsection
(a)(10) of this section.
Part 4.
TEXAS COMMISSION FOR THE BLIND