25 TAC §§406.201 - 406.217
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Mental Health and Mental Retardation or in the
Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The Texas Department of Mental Health and Mental
Retardation (department) proposes the repeals of §§406.201 - 406.217
of Chapter 406, Subchapter E, concerning Eligibility and Review.
The subject matter of the sections that are being repealed is addressed
in new sections of Chapter 419, Subchapter E, concerning ICF/MR Program, which
was proposed for public review and comment in the March 30, 2001, issue of
the
Texas Register
(26 TexReg 2488).
The repeals are part of a comprehensive reorganization of chapters and
subchapters within the department's portion of the Texas Administrative Code
in conjunction with the sunset review of agency rules required by Texas Government
Code, §2001.039 (as added by Senate Bill 178, §1.11, 76th Legislature).
Bill Campbell, Deputy Commissioner, Finance and Administration, has determined
that for each year of the first five years the repeals are in effect, enforcing
or administering the repeal does not have foreseeable implications relating
to costs or revenues of state or local government.
Ernest McKenney, Director, Medicaid Administration, has determined that
for each year of the first five-year period the repeals are in effect, the
public benefit expected is the existence of ICF/MR Program rules that are
organized in a manner that maximizes their accessibility by program providers,
department and survey agency staff, consumers, family members, advocates,
and other stakeholders. It is not anticipated that the repeals will have an
adverse economic effect on small businesses or micro-businesses because they
do not impose any measurable cost to ICF/MR Program providers. It is not anticipated
that there will be an economic cost to persons required to comply with the
repeals. It is not anticipated that the repeals will affect a local economy.
Comments concerning the proposed repeals must be submitted in writing to
Linda Logan, director, Policy Development, Texas Department of Mental Health
and Mental Retardation, by mail to P.O. Box 12668, Austin, Texas 78711, or
by fax to (512) 206-4750, within 30 days of publication of this notice.
The repeals are proposed under the Texas Health and Safety Code, §532.015(a),
which provides the Texas Board of Mental Health and Mental Retardation with
broad rulemaking authority; the Texas Government Code, §531.021(a), and
the Texas Human Resources Code, §32.021(a), which provide the Texas Health
and Human Services Commission (THHSC) with the authority to administer the
federal medical assistance (Medicaid) program in Texas; Acts 1995, 74th Texas
Legislature, Chapter 6, §1, (Senate Bill 509), which clarifies the authority
of THHSC to delegate the operation of all or part of a Medicaid program to
a health and human services agency; and the Human Resources Code, §32.021(c),
which provides an agency operating part of the Medicaid program with the authority
to adopt necessary rules for the proper and efficient operation of the program.
THHSC has delegated to the department the authority to operate the ICF/MR
Program.
The proposed repeals affect Texas Government Code, §531.021(a), and
the Texas Human Resources Code, §32.021(a) and (c).
§406.201.Purpose and Applicability.
§406.202.Definitions.
§406.203.Eligibility Criteria.
§406.204.LOC Determination and LON Assignment.
§406.205.ICF/MR I LOC Criteria.
§406.206.ICF/MR V LOC Criteria.
§406.207.ICF/MR VI LOC Criteria.
§406.208.ICF/MR/RC VIII LOC Criteria.
§406.209.Retroactive LOC Determination.
§406.210.Reconsideration of LOC Determination and Effective Dates.
§406.211.Payment for Absences from the Facility.
§406.212.Discharge.
§406.213.Utilization Control.
§406.214.Utilization Review.
§406.215.Individuals' Right to Fair Hearing.
§406.216.Admission Limitation.
§406.217.Service Authorizations.
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 May 7, 2001.
TRD-200102566
Andrew Hardin
Chair, Texas MHMR Board
Texas Department of Mental Health and Mental Retardation
Earliest possible date of adoption: June 17, 2001
For further information, please call: (512) 206-5232