Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 19.
NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
The Texas Department of Human Services (DHS) adopts amendments to §§19.337,
19.342, 19.1111, 19.1918, and 19.2106, without changes to the proposed text
published in the April 19, 2002, issue of the
Texas
Register
(27 TexReg 3326).
Justification for the amendments is to update references; clarify language;
update the name of the DHS section to be notified in the event of an ownership
change; and add an administrative penalty to encourage providers to update
DHS when an ownership change occurs.
The department received no comments regarding adoption of the amendments.
Subchapter D. FACILITY CONSTRUCTION
40 TAC §19.337, §19.342
The amendments are adopted under the Health and Safety Code,
Chapter 242, which authorizes the department to license and regulate convalescent
and nursing homes and related institutions.
The amendments implement the Health and Safety Code, §§242.001-242.268.
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 May 31, 2002.
TRD-200203384
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 1, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 438-3734
40 TAC §19.1111
The amendment is adopted under the Health and Safety Code,
Chapter 242, which authorizes the department to license and regulate convalescent
and nursing homes and related institutions.
The amendment implements the Health and Safety Code, §§242.001-242.268.
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 May 31, 2002.
TRD-200203385
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 1, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 438-3734
40 TAC §19.1918
The amendment is adopted under the Health and Safety Code,
Chapter 242, which authorizes the department to license and regulate convalescent
and nursing homes and related institutions.
The amendment implements the Health and Safety Code, §§242.001-242.268.
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 May 31, 2002.
TRD-200203386
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 1, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 438-3734
2.
LICENSING REMEDIES
40 TAC §19.2106
The amendment is adopted under the Health and Safety Code,
Chapter 242, which authorizes the department to license and regulate convalescent
and nursing homes and related institutions.
The amendment implements the Health and Safety Code, §§242.001-242.268.
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 May 31, 2002.
TRD-200203387
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 1, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 438-3734
Subchapter E. SUPPORT DOCUMENTS
The Texas Department of Human Services (DHS) adopts the repeal of §47.5901
without changes and an amendment to §47.5902 with changes to the proposed
text published in the March 29, 2002, issue of the
Texas Register
(27 TexReg 2426).
Justification for the amendment is to establish the Community Based Alternatives
(CBA) registered nurse (RN) payment rate as the amount that is deducted from
the client's budget under the Primary Home Care (PHC) vendor fiscal intermediary
option to pay for required assessments performed by an RN. This payment rate
amount is paid to PHC contracted providers that perform required RN assessments
for clients whose care is funded by §1929(b) of the Social Security Act.
The amendment also expands references to DHS to include DHS or its designee
and eliminates references to DHS where appropriate. Section 47.5901, reimbursement
methodology for PHC that pertained to the 1994, 1995, and 1996 cost reports,
is being repealed because it is obsolete.
The Texas Health and Human Services Commission (HHSC) is adopting related
policy in its Chapter 355 in this issue of the
Texas
Register
.
DHS received no comments regarding adoption of the repeal or the amendment;
however, DHS staff made one change to §47.5902(e), to indicate that DHS
or its designee would ensure the fiscal integrity of the program, in accordance
with the justification for this amendment.
40 TAC §47.5901
The repeal 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 repeal 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 May 30, 2002.
TRD-200203357
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 1, 2002
Proposal publication date: March 29, 2002
For further information, please call: (512) 438-3734
40 TAC §47.5902
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.
§47.5902.Reimbursement Methodology for Primary Home Care and Family Care Services.
(a)
General requirements. For the completion and submittal
of cost reports pertaining to providers' fiscal years ending in calendar year
1997 and subsequent years, providers must apply the information in this section.
The Texas Department of Human Services (DHS) or its designee applies the general
principles of cost determination as specified in §20.101 of this title
(relating to Introduction).
(b)
Cost reporting. Providers must follow the cost-reporting
guidelines as specified in §20.105 of this title (relating to General
Reporting and Documentation Requirements, Methods and Procedures).
(1)
All contracted providers must submit a cost report unless
the number of days between the date the first DHS client received services
and the provider's fiscal year end is 30 days or fewer. The provider may be
excused from submitting a cost report if circumstances beyond the control
of the provider make cost report completion impossible, such as the loss of
records due to natural disasters or removal of records from the provider's
custody by any governmental entity. Requests to be excused from submitting
a cost report must be received at the address specified in the letter mailed
with the cost report before the due date of the cost report.
(2)
Providers are responsible for reporting only allowable
costs on the cost report, except where cost report instructions indicate that
other costs are to be reported in specific lines or sections. Only allowable
cost information is used to determine recommended reimbursement. DHS or its
designee excludes from reimbursement determination unallowable expenses included
in the cost report and makes the appropriate adjustments to expenses and other
information reported by providers. The purpose is to ensure that the database
reflects costs and other information which are necessary for the provision
of services and are consistent with federal and state regulations.
(A)
Individual cost reports may not be included in the database
used for reimbursement determination if:
(i)
there is reasonable doubt as to the accuracy or allowability
of a significant part of the information reported; or
(ii)
an auditor determines that reported costs are not verifiable.
(B)
When material pertinent to proposed reimbursements is made
available to the public, the material will include the number of cost reports
eliminated from reimbursement determination for the reason stated in subparagraph
(A)(i) of this paragraph.
(c)
Reimbursement determination. Reimbursement is determined
in the following manner.
(1)
Cost determination by cost area. Allowable costs are combined
for Primary Home Care and Family Care into four cost areas, after allocating
payroll taxes to each salary line item on the cost report on a pro rata basis
based on the portion of that salary line item to the amount of total salary
expense and after applying employee benefits directly to the corresponding
salary line item.
(A)
Field supervisors cost area. This includes field supervisor's
salaries, wages, benefits, and mileage reimbursement expenses.
(B)
Nonpriority attendants cost area. This includes nonpriority
attendants' salaries and wages, benefits, and mileage reimbursement expenses.
This cost area is calculated as specified in §20.112 of this title (relating
to Attendant Compensation Rate Enhancement).
(C)
Priority 1 attendants cost area. This includes Priority
1 attendants' salaries and wages, benefits, mileage reimbursement, expenses.
This cost area is calculated as specified in §20.112 of this title (relating
to Attendant Compensation Rate Enhancement).
(D)
Building, administration and other service cost area. This
includes building, building equipment, and operation and maintenance costs;
administration costs; and other direct service costs. Administration expenses
equal to $0.18 per Priority 1 unit of service are allocated to Priority 1.
The administration costs remaining after this allocation are summed with the
facility and the other service costs.
(2)
Recommended reimbursement by cost area. For the cost areas
described in paragraph (1)(A) and (D) of this subsection, the following is
calculated:
(A)
Projected costs. Each provider's total allowable costs,
excluding depreciation and mortgage interest, per unit of service are projected
from each provider agency's reporting period to the next ensuing reimbursement
period, as described in §20.108 of this title (relating to Determination
of Inflation Indicies) to calculate the projected expenses. Reimbursement
may be adjusted where new legislation, regulations, or economic factors affect
costs as specified in §20.109 of this title (relating to Adjusting Reimbursement
When New Legislation, Regulations, or Economic Factors Affect Costs).
(B)
Projected cost per unit of service. To determine the projected
cost per unit of service for each provider agency, the total projected allowable
costs for each cost area are divided by total units of service, including
nonpriority services and Priority 1 services, in order to calculate the projected
cost per unit of service for each cost area.
(C)
Projected cost arrays. All provider agencies' projected
allowable costs per unit of service are rank ordered from low to high, along
with each provider agency's corresponding units of service for each cost area.
(D)
Recommended reimbursement for each cost area component.
The hours of service used to calculate each cost area component for each provider
agency are summed until the median hour of service is reached. The corresponding
projected expense is the weighted median cost component. The cost component
for each cost area is multiplied by 1.044 to calculate the recommended reimbursement
for each cost area component.
(3)
Total recommended reimbursement.
(A)
For nonpriority clients. The recommended reimbursement
is determined by summing the recommended reimbursement described in paragraph
(2) of this subsection and the cost area component from paragraph (1)(B) of
this subsection.
(B)
For Priority 1 clients. The recommended reimbursement is
determined by summing the recommended reimbursement described in paragraph
(2) of this subsection and the cost area component from paragraph (1)(C) of
this subsection.
(4)
For 1929(b) clients participating in the vendor fiscal
intermediary payment option. The hourly payment rate for required annual and
other assessments performed by a registered nurse (RN) is the hourly payment
rate determined for RN services in the Community Based Alternatives program.
(d)
Reimbursement determination authority. The reimbursement
determination authority is specified in §20.101 of this title (relating
to Introduction).
(e)
Desk reviews and field audits of cost reports. Desk reviews
or field audits are performed on cost reports for all contracted providers.
The frequency and nature of the field audits are determined by DHS or its
designee to ensure the fiscal integrity of the program. Desk reviews and field
audits will be conducted in accordance with §20.106 of this title (relating
to Basic Objectives and Criteria for Audit and Desk Review of Cost Reports),
and providers will be notified of the results of a desk review or an audit
in accordance with §20.107 of this title (relating to Notification of
Exclusions and Adjustments). Providers may request an informal review and,
if necessary, an administrative hearing to dispute an action taken under §20.110
of this title (relating to Informal Reviews and Formal Appeals).
(f)
Factors affecting allowable costs. Providers must follow
the guidelines in determining whether a cost is allowable or unallowable as
specified in §20.102 this title (relating to General Principles of Allowable
and Unallowable Costs) and §20.103 of this title (relating to Specifications
for Allowable and Unallowable Costs).
(g)
Reporting revenues. Revenues must be reported on the cost
report in accordance with §20.104 of this title (relating to Revenues).
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 May 30, 2002.
TRD-200203358
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 1, 2002
Proposal publication date: March 29, 2002
For further information, please call: (512)438-3734
Chapter 175.
GENERAL RULES OF THE VETERANS LAND BOARD
Subchapter A. GENERAL RULES AND CONTRACTING FINANCING
40 TAC §175.2
The Veterans Land Board of the State of Texas (the "Board")
adopts the proposed amendments to Title 40, Part 5, Chapter 175 of the Texas
Administrative Code, §175.2 relating to Loan Eligibility Requirements
of the General Rules of the Veteran Land Board without changes to the text
as published in the April 19, 2002, issue of the
Texas Register
(27 TexReg 3327). The adopted amendments reduce the
time required for a Veteran to establish his residence in Texas so as to be
eligible for the VLB programs from two years to one year. The adopted amendments
also include minor non-substantive changes to the rules.
Sections 161.001(b), and 162.001(b) of the Tex. Nat. Res. Code authorize
the Board to change the definition of Veteran by rule. Part of the definition
is a requirement, in the case of a Veteran that did not enter the service
from Texas, that the Veteran reside in Texas for two years before filing an
application. The amendments to §175.2(c)(1) (E)(i) and (ii) reduce that
to one year. This makes the residency requirement uniform for all of the Board's
programs, as well as the same as other state sponsored Veterans programs.
The change affects §161.001, and §162.001 of the Tex. Nat. Res.
Code.
No comments were received regarding the proposed amendments
The amendment to this section is adopted under the Natural Resources
Code, Title 7, Chapter 161, §§161.001, 161.061, 161.063, 161.222,
161.233, 161.283, 162.001, 162.003, 162.011. These sections authorize the
Board to adopt rules that it considers necessary and advisable for the Land
Program and the Veterans Housing Assistance Program.
Section 161.001 and §161.001 of the Tex. Nat. Res. Code are affected
by this rulemaking action.
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 June 3, 2002.
TRD-200203439
Larry Soward
Chief Clerk, General Land Office
Texas Veterans Land Board
Effective date: June 23, 2002
Proposal publication date: April 19, 2002
For further information, please call: (512) 305-9129
Chapter 702.
GENERAL ADMINISTRATION
Subchapter I. OMBUDSMAN SERVICES
The Texas Department of Protective and Regulatory Services (PRS) adopts
new §§702.801, 702.811, 702.813, 702.815, 702.817, 702.819, 702.821,
702.823, 702.825, 702.841, 702.843, 702.845, 702.847, and 702.849, in Chapter
702, General Administration. Sections 702.815, 702.841, 702.843, and 702.849
are adopted with changes to the proposed text published in the April 5, 2002,
issue of the
Texas Register
(27 TexReg 2803).
Sections 702.801, 702.811, 702.813, 702.817, 702.819, 702.821, 702.823, 702.825,
702.845, and 702.847 are adopted without changes to the proposed text and
will not be republished. The new sections are adopted in new Subchapter I,
Ombudsman Services.
The justification for the new sections is to describe the services of the
ombudsman office, the complaint process, the reporting requirements, and the
ombudsman review process. The new sections are written in question and answer
format, and use other plain language techniques.
The new sections will function by being clearer and easier to understand.
No comments were received regarding adoption of the new sections. PRS,
however has made several minor editorial changes. In §702.815(1), PRS
has changed the words "not related to" to "other than." In §702.841,
PRS has changed the word "he" to "the individual" in subsection (a), and has
rewritten subsection (b). Paragraphs (1) and (2) have been deleted and the
information is included in subsection (b). Additionally, §702.841 and §702.843
have been revised to clarify that the Ombudsman Office only reviews Administrative
Reviews of Investigation Findings of abuse, neglect, or exploitation that
result from an investigation conducted by the Child Protective Services Program.
In §702.849(2) and §702.849(2)(B), PRS has changed the word "his"
to "the director's." In §702.849(2)(A), PRS has changed the word "him"
to "the requester."
1.
OMBUDSMAN OFFICE
40 TAC §702.801
The new section is adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new section implements the Human Resources Code, §40.029.
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 May 24, 2002.
TRD-200203250
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: June 27, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 458-3437
40 TAC §§702.811, 702.813, 702.815, 702.817, 702.819, 702.821, 702.823, 702.825
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new sections implement the Human Resources Code, §40.029.
§702.815.Who may not file complaints with the Ombudsman Office?
The complaint process is not available:
(1)
to individuals who have been identified as alleged perpetrators
of abuse, neglect, or exploitation. Those individuals must use procedures
specified in Division 3 of this subchapter (relating to Ombudsman Office Review
of Alleged Perpetrator Designation), unless the complaint relates to issues
other than the case disposition; or
(2)
for complaints the Ombudsman Office has reviewed multiple
times and has made all reasonable efforts within agency policy and procedures
to resolve.
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 May 24, 2002.
TRD-200203251
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: June 27, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 438-3437
40 TAC §§702.841, 702.843, 702.845, 702.847, 702.849
The new sections are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of department programs.
The new sections implement the Human Resources Code, §40.029.
§702.841.Who can request an Ombudsman Office Review of alleged perpetrator designation?
(a)
Anyone who has been determined to be a perpetrator of abuse,
neglect, or exploitation as a result of an investigation conducted by the
Child Protective Services Program of PRS can request an Ombudsman Office Review.
The individual must use the Administrative Review of Investigative Findings
process offered by the Child Protective Services Program before the individual
is eligible for the Ombudsman Office Review.
(b)
An Ombudsman Office Review is not available if PRS determines
that a court of competent jurisdiction has issued an order that is legally
consistent with the PRS finding on the allegation of abuse, neglect, or exploitation
for which the Review was requested.
§702.843.Are there timeframes for requesting the Ombudsman Office Review?
Yes. Except for good cause determined by the Ombudsman Office director,
an individual must request an Ombudsman Office Review in writing within 30
days after the date the Administrative Review of Investigative Findings (ARIF)
notification letter was sent. The Review request must be sent to the Ombudsman
Office, Texas Department of Protective and Regulatory Services, Mail Code
Y-946, P.O. Box 149030, Austin, Texas 78714-9030. The Review request may also
be sent by facsimile to the Ombudsman Office at 512-834-3782, or by contacting
the Ombudsman Office using the PRS public web site. The address is: http://www.tdprs.state.tx.us.
§702.849.What happens when the Ombudsman Office completes the Review?
After completing the Review, the Ombudsman Office prepares written
findings and recommendations.
(1)
If the Ombudsman Office findings sustain the Administrative
Review of Investigation Findings (ARIF), the Ombudsman Office director notifies
the requester of the final disposition of the case.
(2)
If the Ombudsman Office does not concur with the ARIF,
the ARIF documents and Ombudsman Office Review materials are forwarded to
the program deputy director or his designee for consideration. The Ombudsman
Office director and staff meet with the program deputy director or the director's
designee to examine the evidence to reach concurrence on the case finding.
(A)
If concurrence is reached, the Ombudsman Office forwards
a notification letter to the requester advising the requester of the findings.
(B)
If the Ombudsman Office and the program deputy director
do not agree, the case is forwarded to PRS's general counsel, who reviews
the case and makes recommendations to PRS's executive director for final disposition.
The executive director or the director's designee then notifies the requester
of the final case disposition.
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 May 24, 2002.
TRD-200203252
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: June 27, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 438-3437
40 TAC §702.1001
The Texas Department of Protective and Regulatory Services
(PRS) adopts new §702.1001, without changes to the proposed text published
in the April 5, 2002, issue of the
Texas Register
(27 TexReg 2805). The new section is adopted in new Subchapter K,
Civil Rights, of the General Administration chapter.
The justification for the new section is to rewrite and move the current
civil rights rules into Chapter 702, which provides information that pertains
to the general administration of PRS. The new section also brings the rule
into compliance with federal and state nondiscrimination laws.
The new section will function by being clearer and easier to understand.
No comments were received regarding adoption of the new section.
The new section is adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The new section implements the Human Resources Code, §40.029.
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 May 24, 2002.
TRD-200203241
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 1, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 438-3437
The Texas Department of Protective and Regulatory Services (PRS) adopts
the repeal of §§738.1 - 738.12, 738.2107, 738.3001 - 738.3004, 738.3101,
738.3201 - 738.3204, 738.3301 - 738.3311, 738.4001, 738.4005, 738.4006, 738.4008,
738.4010 - 738.4012, and 738.4101 - 738.4115, without changes to the proposed
text published in the April 5, 2002, issue of the
Texas Register
(27 TexReg 2805).
As part of the rule review required by the Texas Government Code, §2001.039
and the General Appropriations Act of 1997, Article IX, §167, PRS is
deleting the rules in Chapter 738, Civil Rights. The chapter contains rules
administratively transferred from the Texas Department of Human Services in
1992. The rules contain obsolete references and policy that is better suited
to internal policy and procedure than to rules. Also in this issue of the
The repeals will function by having rewritten rules that are clearer and
easier to understand.
No comments were received regarding adoption of the repeals.
Subchapter A. CIVIL RIGHTS ADMINISTRATION AND STATEMENT OF COMPLIANCE
40 TAC §§738.1 - 738.12
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeals implement the Human Resources Code, §40.029.
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 May 24, 2002.
TRD-200203242
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 1, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 438-3437
40 TAC §738.2107
The repeal is adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeal implements the Human Resources Code, §40.029.
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 May 24, 2002.
TRD-200203243
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 1, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 438-3437
40 TAC §§738.3001 - 738.3004
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeals implement the Human Resources Code, §40.029.
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 May 24, 2002.
TRD-200203244
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 1, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 438-3437
40 TAC §738.3101
The repeal is adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeal implements the Human Resources Code, §40.029.
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 May 24, 2002.
TRD-200203245
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 1, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 438-3437
40 TAC §§738.3201 - 738.3204
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeals implement the Human Resources Code, §40.029.
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 May 24, 2002.
TRD-200203246
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 1, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 438-3437
40 TAC §§738.3301 - 738.3311
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeals implement the Human Resources Code, §40.029.
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 May 24, 2002.
TRD-200203247
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 1, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 438-3437
40 TAC §§738.4001, 738.4005, 738.4006, 738.4008, 738.4010 - 738.4012
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeals implement the Human Resources Code, §40.029.
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 May 24, 2002.
TRD-200203248
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 1, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 438-3437
40 TAC §§738.4101 - 738.4115
The repeals are adopted under the Human Resources Code, §40.029,
which authorizes the department to adopt rules that facilitate the implementation
of departmental programs.
The repeals implement the Human Resources Code, §40.029.
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 May 24, 2002.
TRD-200203249
C. Ed Davis
Deputy Director, Legal Services
Texas Department of Protective and Regulatory Services
Effective date: July 1, 2002
Proposal publication date: April 5, 2002
For further information, please call: (512) 438-3437
Subchapter L. DIETARY SERVICES
Subchapter T. ADMINISTRATION
Subchapter V. ENFORCEMENT
Chapter 47.
PRIMARY HOME CARE
Part 5.
TEXAS VETERANS LAND BOARD
Part 19.
TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
2.
OMBUDSMAN COMPLAINT PROCESS
3.
OMBUDSMAN OFFICE REVIEW OF ALLEGED PERPETRATOR DESIGNATION
Subchapter K. CIVIL RIGHTS
Chapter 738.
CIVIL RIGHTS
Subchapter V. USE OF DEPARTMENT FACILITIES BY PUBLIC EMPLOYEES ORGANIZATIONS
Subchapter EE. LEGAL BASIS
Subchapter FF. COMPLIANCE BY CONTRACTED AGENTS
Subchapter GG. DISSEMINATION OF INFORMATION AND TRAINING
Subchapter HH. COMPLAINTS
Subchapter OO. ADMINISTRATIVE FRAUD DISQUALIFICATION HEARINGS
Subchapter PP. HEARING PROCEDURES
Chapter 744.
OMBUDSMAN SERVICES