Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 7.
REFUGEE CASH ASSISTANCE AND MEDICAL ASSISTANCE PROGRAMS
The Texas Department of Human Services (DHS) proposes to repeal Subchapter
A, concerning program purpose and scope, §7.101; Subchapter B, concerning
eligibility criteria, §§7.201-7.213; Subchapter C, concerning eligibility
determination, §§7.301-7.307; Subchapter D, concerning eligibility
for other programs, §§7.401-7.405; Subchapter E, concerning client
reporting requirements, §7.502; and Subchapter F, concerning penalty
provisions, §§7.601-7.603; and proposes new Subchapter A, concerning
purpose and scope, §§7.101-7.103; Subchapter B, concerning contractor
requirements for the Refugee Cash Assistance Program (RCA), §§7.201,
7.203, 7.205, 7.207, 7.209, 7.211, 7.213, 7.215, 7.217, 7.219, and 7.221;
Subchapter C, concerning program administration for the Refugee Cash Assistance
Program (RCA), §§7.301, 7.303, 7.305, 7.307, 7.309, 7.311, 7.313,
7.315, 7.317, 7.319, 7.321, 7.323, 7.325, 7.327, 7.329, 7.331, 7.333, 7.335,
7.337, 7.339, 7.341, 7.343, 7.345, 7.347, 7.349, 7.351, and 7.353; Subchapter
D, Refugee Cash Assistance participant requirements, §§7.401, 7.403,
7.405, 7.407, 7.409, 7.411, 7.413, 7.415, 7.417, and 7.419; and Subchapter
E, concerning Refugee Medical Assistance, §§7.501, 7.503, 7.505,
7.507, 7.509, 7.511, 7.513, 7.515, 7.517, 7.519, 7.521, 7.523, 7.525, 7.527,
7.529, 7.531, 7.533, 7.535, 7.537, and 7.539, in its Refugee Cash Assistance
Program chapter. The purpose of the repeals and new sections is to change
the RCA program from a public administration to a public/private administration
and to state the RMA rules in language that is easier for the public to understand.
James R. Hine, Commissioner, has determined that, for the first five-year
period the sections and repeals are in effect, there will be no fiscal implications
for state or local government as a result of enforcing or administering the
sections.
Mr. Hine also has determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
enforcing the sections will be the opportunity for refugees to attain economic
self-sufficiency and to have rules that are more clearly understood by the
public. There will be no adverse economic effect on small or micro businesses,
because the public/private RCA program provides direct cash assistance to
newly arriving refugees. The program does not contract with small businesses
or micro-businesses. There is no anticipated economic cost to persons who
are required to comply with the proposed sections. There is no anticipated
effect on local employment in geographic areas affected by these sections.
Questions about the content of this proposal may be directed to Scott L.
Miller at (512) 438- 5517 in DHS's Office of Immigration and Refugee Affairs.
Written comments on the proposal may be submitted to Supervisor, Rules and
Handbooks Unit-192, 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.
Subchapter A. PROGRAM PURPOSE AND SCOPE
40 TAC §7.101
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Human Services or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Human Resources
Code, Title 2, Chapters 22 and 31, which authorizes the department to administer
public and financial assistance programs.
The repeal implements the Human Resources Code, §§22.001-22.036
and 31.001- 31.053.
§7.101.Refugee Cash Assistance Program (RCA) Purpose and Scope.
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 April 29, 2002.
TRD-200202635
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 438-3734
40 TAC §§7.101 - 7.103
The new sections are proposed under the Human Resources Code,
Title 2, Chapters 22 and 31, which authorizes the department to administer
public and financial assistance programs.
The new sections implement the Human Resources Code, §§22.001-22.036
and 31.001-31.053.
§7.101.What is the scope of the chapter?
The Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA)
Programs were established by the Refugee Act of 1980 (referred to in this
chapter as "the Act"). The Act, among other provisions, provides for Refugee
Cash Assistance and Refugee Medical Assistance to help participants become
self-sufficient within the first eight months after arrival. Cash assistance
payments and medical assistance are provided to eligible participants for
a maximum of eight months. Refugee Cash Assistance is administered by the
Texas Department of Human Services (DHS) through contracts with local refugee
resettlement agencies. The goal of the RCA program is to assist refugees in
achieving self-sufficiency. All participants in the RCA program are required
to participate in employment programs. Refugee Medical Assistance is administered
directly by DHS. Each year the president of the United States decides the
regional and total number of refugees the U.S. will admit. The program is
100% federally funded and depends on the availability of federal funds.
§7.102.What is the purpose of this chapter?
This chapter provides procedures and criteria that govern both the
Refugee Cash Assistance and Refugee Medical Assistance programs. The chapter
assists the Texas Department of Human Services in the management of contracts
by ensuring efficient and economical objectives are met.
§7.103.How are the terms in this chapter defined?
The following words and terms, when used in this chapter, have the
following meanings unless the context clearly indicates otherwise.
(1)
Adult--An individual 18 years of age or older.
(2)
Applicant--An individual who has applied for Refugee Cash
Assistance (RCA) or Refugee Medical Assistance (RMA) and is waiting on an
eligibility determination.
(3)
Asylee--An individual who has been granted asylum under
section 208 of the Immigration and Nationality Act.
(4)
Cash Assistance--Financial assistance to refugees, including
Temporary Assistance for Needy Families (TANF), Social Security Income, Refugee
Cash Assistance, and general assistance.
(5)
Contractor--An organization that has applied for and been
awarded a RCA open enrollment contract.
(6)
CFR--Code of Federal Regulations.
(7)
CHIP--Texas Children's Health Insurance Program.
(8)
DHS--Texas Department of Human Services.
(9)
DOJ--Department of Justice.
(10)
Employability plan--An employment plan designed to lead
to the earliest possible employment in the shortest time period.
(11)
Family unit--An unmarried adult, married couple without
children, or parents, or custodial relatives, with a minor child who are not
eligible for TANF, who live in the same household.
(12)
Fund accounting--A system of accounting that requires
separate records for each source of funding.
(13)
INA--Immigration and Nationality Act.
(14)
Incentive payment--A one-time payment for early employment.
(15)
INS--Immigration and Naturalization Service.
(16)
LEP--Limited English Proficiency.
(17)
MAA--Mutual Assistance Agency, an organization incorporated
as a non-profit agency that has not less than 51% of the Board of Directors
or governing board comprised of refugees or former refugees, including both
refugee men and women.
(18)
MNIL--Medically Needy Income Limit.
(19)
OIRA--Office of Immigration and Refugee Affairs under
DHS.
(20)
ORR--Office of Refugee Resettlement.
(21)
P-3--Public/Private Partnership, a state-administered
option for the provision of refugee cash assistance through contracts or grants
with local resettlement agencies.
(22)
Participant--A person who has applied for and been determined
eligible for RCA or RMA.
(23)
Refugee--An individual admitted to the U.S. under section
207 of the INA.
(24)
Refugee Cash Assistance (RCA)--A time-limited cash assistance
program available to eligible refugees who are ineligible for TANF.
(25)
Refugee Medical Assistance (RMA)--A time-limited medical
assistance program provided to eligible refugees who are ineligible for Medicaid.
(26)
TAC--Texas Administrative Code.
(27)
TANF--Temporary Assistance for Needy Families.
(28)
UNHCR--United Nations High Commissioner for Refugees.
(29)
Vendor Payment--Payment made on behalf of a RCA participant
for rent or utilities.
(30)
Victim of a Severe Form of Trafficking--An adult individual
certified by the U.S. Department of Health and Human Services as a victim
of a severe form of trafficking.
(31)
VOLAG--Voluntary Resettlement Agency.
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 April 29, 2002.
TRD-200202636
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 438-3734
40 TAC §§7.201 - 7.213
(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 Human Services or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Human Resources
Code, Title 2, Chapters 22 and 31, which authorizes the department to administer
public and financial assistance programs.
The repeals implement the Human Resources Code, §§22.001-22.036
and 31.001- 31.053.
§7.201.TANF Ineligibility.
§7.202.Identity.
§7.203.Voluntary Quit.
§7.204.Social Security Numbers.
§7.205.Domicile.
§7.206.SSI Applications.
§7.207.Permanent Residents.
§7.208.Eight-month.
§7.209.Household Composition.
§7.210.Children Born to Refugees in the United States.
§7.211.Marriage to a United States Citizen.
§7.212.Employment Services.
§7.213.Refusal to Register.
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 April 29, 2002.
TRD-200202637
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 438-3734
40 TAC §§7.201, 7.203, 7.205, 7.207, 7.209, 7.211, 7.213, 7.215, 7.217, 7.219, 7.221
The new sections are proposed under the Human Resources Code,
Title 2, Chapters 22 and 31, which authorizes the department to administer
public and financial assistance programs.
The new sections implement the Human Resources Code, §§22.001-22.036
and 31.001-31.053.
§7.201.What is the purpose of this subchapter?
This subchapter contains the minimum requirements for contracting with
the Texas Department of Human Services (DHS) to provide Refugee Cash Assistance
(RCA) benefits to eligible individuals in Texas. An organization becomes a
contractor when awarded a contract from DHS.
§7.203.Who can apply for a RCA contract?
An organization may apply for a contract if:
(1)
it operates a local refugee resettlement program and provides
the Texas Department of Human Services (DHS) a letter of affiliation from
a national voluntary resettlement agency that has a cooperative agreement
for reception and placement with the U.S. Department of State; and
(2)
it is incorporated and maintains the following documents
and provides them to DHS upon request:
(A)
articles of incorporation;
(B)
by-laws;
(C)
tax exemption certification;
(D)
board minutes;
(E)
financial statements;
(F)
informational materials related to providing refugee services;
(G)
case records; and
(H)
other relevant material as described by DHS.
§7.205.What is the financial responsibility of the contractor's board of directors?
When an organization enters into a contract with the Texas Department
of Human Services, the agency's board of directors must ensure financial accountability
of all funds received and spent by their agency. The board of directors or
the finance committee must regularly review actual income and expenses and
compare them to approved budgets and year-to-date costs.
§7.207.Are there accounting requirements the contractor must meet to receive a contract?
Yes, each contractor must:
(1)
maintain an accounting system that records revenues and
expenditures using generally accepted accounting principles as recognized
by the American Institute of Certified Public Accountants and follow the Texas
Department of Human Services financial management policies and procedures
in maintaining fiscal records;
(2)
maintain a chart of accounts that includes all accounts
using an assigned number;
(3)
maintain a general ledger;
(4)
maintain supporting documentation of expenses including
but not limited to:
(A)
receipts or vouchers for incoming cash;
(B)
bank statements;
(C)
canceled checks (if provided by bank);
(D)
deposit slips;
(E)
approved invoices;
(F)
receipts or vouchers for purchases;
(G)
leases;
(H)
contracts;
(I)
time sheets;
(J)
inventory;
(K)
written cost allocation methodology; and
(L)
cost allocation worksheets; and
(5)
identify all funding sources and expenditures by separate
fund type.
§7.209.Does the Texas Department of Human Services (DHS) require contractors to have a fidelity bond?
Each contractor must have a fidelity bond. The minimum value will be
determined by DHS on an annual basis.
§7.211.What are the confidentiality requirements of a contract?
Contractors must keep confidential all information about or obtained
from a participant. Contractors may release participant information as long
as it does not identify a participant in any way. The following exceptions
apply:
(1)
information can be released with written consent of the
participant;
(2)
in the case of minors, information can be released with
written consent of the parent or legal guardian; and
(3)
federal regulations require the release of confidential
information to the Texas Department of Human Services (DHS) or anyone designated
by DHS.
§7.213.Are contractors responsible for having a nepotism policy?
Each contractor must have a written board-approved nepotism policy.
§7.215.Are contractors responsible for having a conflict of interest policy?
Each contractor must have a written board-approved conflict of interest
policy. The conflict of interest policy must address situations in which board
members or employees have a direct or indirect interest, financial or otherwise,
of any nature that is in substantial conflict with the proper discharge of
their duty to the organization.
§7.217.Are contractors required to comply with the Limited English Proficiency (LEP) provisions of Title VI of the Civil Rights Act?
Yes, each contractor must comply with the provisions of Title VI of
the Civil Rights Act and Immigration and Nationality Act as it affects persons
with Limited English Language proficiency during the time they are receiving
grant funding. Requirements include a regular assessment of language needs;
compliance by any discretionary sub-grantee or subcontractor, including written
LEP policies and implementation plans; and staff training.
§7.219.What are the record keeping requirements of the contract?
Contractors must keep all records that are needed for federal and state
monitoring of the Refugee Cash Assistance program. Required records include:
(1)
identification of participants;
(2)
statistical and programmatic records on services provided;
(3)
records of participant costs;
(4)
eligibility determination materials; and
(5)
other records required by the Texas Department of Human
Services.
§7.221.How long are contractors required to keep records?
Contractors must keep all records for three years and 90 days after
the end of the contract, or until an open audit is completed, or until litigation
is resolved.
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 April 29, 2002.
TRD-200202638
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 438-3734
40 TAC §§7.301 - 7.307
(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 Human Services or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Human Resources
Code, Title 2, Chapters 22 and 31, which authorizes the department to administer
public and financial assistance programs.
The repeal implements the Human Resources Code, §§22.001-22.036
and 31.001- 31.053.
§7.301.Application and Interview.
§7.302.Refugee Status.
§7.303.Age and Relationship.
§7.304.Income from Voluntary Resettlement Agencies and Sponsors.
§7.305.Income and Resources.
§7.306.Grant Amounts and Budgeting.
§7.307.Management.
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 April 29, 2002.
TRD-200202639
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 438-3734
40 TAC §§7.301, 7.303, 7.305, 7.307, 7.309, 7.311, 7.313, 7.315, 7.317, 7.319, 7.321, 7.323, 7.325, 7.327, 7.329, 7.331, 7.333, 7.335, 7.337, 7.339, 7.341, 7.343, 7.345, 7.347, 7.349, 7.351, 7.353
The new sections are proposed under the Human Resources Code,
Title 2, Chapters 22 and 31, which authorizes the department to administer
public and financial assistance programs.
The new sections implement the Human Resources Code, §§22.001-22.036
and 31.001-31.053.
§7.301.What is the purpose of this subchapter?
This subchapter contains eligibility requirements for participants
in the Refugee Cash Assistance Assistance Program (RCA). It also contains
contractor responsibilities in providing RCA services.
§7.303.Who is eligible for Refugee Cash Assistance (RCA) benefits?
RCA is restricted to individuals who meet the eligibility requirements
as follows:
(1)
meet immigration status and identification requirements
in Subpart D of 45 CFR Part 400 and who can provide documentation of one of
the following statuses from the Immigration and Naturalization Service:
(A)
paroled as a refugee or asylee under Section 212(d) of
the Immigration and Nationality Act (INA);
(B)
admitted as a refugee under Section 207 of the INA;
(C)
granted asylum under Section 208 of the INA;
(D)
admitted as a Cuban or Haitian entrant in accordance with
requirements in 45 CFR part 401;
(E)
admitted as an Amerasian from Vietnam pursuant to Section
584 of the Foreign Operations, Export Financing, and Related Programs Appropriations
Act, 1988 (as contained in Section 101 (e) of Public law 100-202 and amended
by the ninth proviso under Migration and Refugee Assistance in Title II of
the Foreign Operation, Export, Financing, and Related Programs Appropriations
Acts, 1989, (Public Law 100-461 as amended));
(F)
certified as a victim of a severe form of trafficking;
or
(G)
designated as eligible by the director of Office of Refugee
Resettlement (ORR).
(2)
are within the eligibility period as established by ORR;
(3)
have categorically tested ineligible for Temporary Assistance
for Needy Families (TANF) or have applied but not received an approval for
Social Security Income (SSI). Persons awaiting decision on SSI eligibility
are RCA-eligible until SSI benefits are granted;
(4)
are not full-time students in institutions of higher education,
as defined by the director of ORR;
(5)
meet the income eligibility standard established by the
Texas Department of Human Services in consultation with local refugee service
providers; and
(6)
have not been sanctioned off TANF or Match Grant.
§7.305.What is the income eligibility standard for months one through four of the eight months of eligibility?
The income eligibility standard for enrollment in Refugee Cash Assistance
benefits during months one through four is 125% of the Federal Poverty Income
Limit.
§7.307.What is the income eligibility standard for months five through eight of the eight months of eligibility?
The income eligibility standard for enrollment in Refugee Cash Assistance
benefits during months five through eight is 165% of the Federal Poverty Income
Limit.
§7.309.What income must be disregarded when determining eligibility?
Contractors must disregard any income or resources:
(1)
remaining in the applicant's country of origin;
(2)
from a non-spousal sponsor;
(3)
from the Department of State and Department of Justice
Reception and Placement programs; and
(4)
from the spouse's Social Security Income benefits.
§7.311.Are contractors required to report changes in a participant's income to the Texas Department of Human Services (DHS)?
Contractors must report changes in a participant's income within 10
days to designated DHS staff.
§7.313.Who determines a refugee's eligibility for Refugee Cash Assistance (RCA) benefits?
Anyone may apply for RCA. Contractors must determine if the applicant
meets the eligibility requirements specified in §§7.303, 7.305,
and 7.307 (relating to Who is eligible for Refugee Cash Assistance (RCA) benefits?,
What is the income eligibility standard for months one through four of the
eight months of eligibility?, and What is the income eligibility standard
for months five through eight of the eight months of eligibility?) to become
a participant and must keep all eligibility determination information in the
participant's file.
§7.315.Are there special provisions when enrolling families with children in Refugee Cash Assistance?
Families with children should be eligible for assistance through the
Temporary Assistance for Needy Families (TANF) program. Providers assessing
eligibility for family units with children must notify the Office of Immigration
and Refugee Affairs (OIRA) prior to enrolling participants. OIRA will assess
justification of ineligibility for TANF.
§7.317.How long can a participant receive Refugee Cash Assistance (RCA) benefits?
The maximum time period a participant may receive benefits is specified
by the director of the Office of Refugee Resettlement (ORR). The current time
period is up to eight months from the beginning date of eligibility, as indicated
in §7.319 of this title (relating to What is the beginning date of the
eligibility period for Refugee Cash Assistance (RCA) benefits?).
§7.319.What is the beginning date of the eligibility period for Refugee Cash Assistance (RCA) benefits?
The beginning date of the eligibility period for RCA benefits is as
follows:
(1)
for refugees, the date of arrival to the U.S., as stamped
on the individual's Form I-94;
(2)
for asylees, the date that a final grant of asylum was
made;
(3)
for victims of a severe form of trafficking, the date on
the certification letter signed by the director of the Office of Refugee Resettlement
(ORR);
(4)
for Cuban and Haitian entrants, the date on the individual's
Form I-94, or other entry document as specified by ORR and indicated in the
Texas Refugee Cash Assistance Provider Manual.
(5)
for Amerasians, the date of arrival to the U.S., as stamped
on Form I-94, or other entry document as specified by ORR and indicated in
the Texas RCA Provider Manual.
§7.321.How does the contractor determine eligibility for a refugee who has moved from another state to Texas?
(a)
The contractor determines eligibility on the same basis
as for a refugee whose first placement was in Texas, with the following exceptions.
(1)
The contractor must verify with the original sponsoring
resettlement agency that the refugee has not voluntarily quit employment within
the past 30 days.
(2)
The contractor must also verify with the sponsoring resettlement
agency and/or welfare agency at the original placement site whether the refugee
has received an assistance payment for the month of application in Texas.
(b)
The contractor may not issue duplicate benefits.
§7.323.What happens if a participant has a child after arriving in the U.S.?
If a participant has a child after arriving in the U.S., the contractor
must refer the family to the Texas Department of Human Services (DHS) for
a Temporary Assistance for Needy Families (TANF) eligibility determination
before continuing with RCA benefits. If categorically ineligible for TANF,
the size of the family unit changes and the contractor will calculate benefits
based on the revised family unit size effective the month of birth.
§7.325.Can a contractor consider participants as a family unit if they do not live together?
No, participants must live together to be considered a family unit.
§7.327.If two or more unrelated participants live together, are they considered a family unit?
No, the contractor must consider unrelated participants who live together
individually for benefits.
§7.329.What is the start date for benefits for approved applicants entering the program?
The contractor must issue payment for the month of application for
an approved applicant entering the program at anytime during his Refugee Cash
Assistance (RCA) time period of eligibility. If the approved applicant remains
eligible, he will receive benefits for each of the remaining months during
the RCA time period of eligibility. The contractor cannot issue benefit payments
for months during the time period of eligibility that preceded the month of
initial application for RCA.
§7.331.What payment levels and types of payments will the contractor use when providing cash assistance?
Benefit payments made during the first four months of the eligibility
time period may be a combination of cash and vendor payments. Benefit payments
made during months five through eight will be cash. Payment levels are established
by the Texas Department of Human Services (DHS) and approved by the Office
of Refugee Resettlement (ORR). DHS will update payment levels as needed and
will publish them in the Refugee Cash Assistance Provider Manual, and in the
DHS State Plan for Refugee Services submitted annually to ORR.
§7.333.Who is eligible to receive an incentive payment?
Refugees who are employed at any point within the first three months
after arrival or after the date asylum was granted and have been employed
at least 35 hours per week for at least 30 continuous days are eligible for
an incentive payment of $150.
§7.335.How is the incentive payment disbursed for a family unit larger than one?
For family units larger than one, the contractor will grant an incentive
in the amount of $150 when the first participant in the family unit meets
the incentive requirements. The contractor will make an additional reduced
incentive payment as described in the provider manual payment schedule as
each additional member of the family unit meets the requirements.
§7.337.What happens if a participant is underpaid?
The contractor must correct underpayments to participants within 10
working days of recognizing the error.
§7.339.What happens if a participant is overpaid?
(a)
If a participant is overpaid, the contractor must make
every reasonable effort to arrange repayment. Contractors must arrange a repayment
plan with the participant. The repayment plan may not require a payment of
more than 10% of the total overpayment amount during any month. A contractor
may not require a repayment be made during a month that would result in undue
financial hardship. Repayments by participants continuing on the program may
be made through a deduction in benefits.
(b)
What are reasonable efforts? Reasonable efforts must include
notifying the participant of the amount of overpayment, the reason for the
overpayment, and that repayment is required.
(c)
What are the exceptions?
(1)
Contractors do not have to attempt arranging repayment
if the participant is no longer receiving benefits and the overpayment amount
is less than $35.
(2)
Contractors do not have to arrange repayment if the participant
is no longer receiving benefits and the overpayment is greater than $35 if:
(A)
every reasonable effort has been made to arrange repayment
and
(B)
it is no longer cost-effective to continue overpayment
recovery efforts.
(3)
If the overpayment is the result of nondisclosure of information
or fraud, the contractor must make every effort to recover the overpayment,
regardless of the amount. Repayment arrangements under this condition are
not subject to the 10% maximum monthly repayment ceiling; however, repayment
arrangements must not result in undue financial hardship.
§7.341.Are contractors responsible for translating materials for participants?
(a)
The Texas Department of Human Services (DHS) will provide
contractors with translated participant rights and responsibilities. Contractors
are responsible for distributing the translated materials in appropriate languages.
If translated written material is not available, the contractor must provide
an oral translation of the material.
(b)
Participant's rights and responsibilities include, but
are not limited to:
(1)
review of adverse benefit determinations resulting from
a sanction;
(2)
a fair hearing to appeal any adverse benefit determinations;
(3)
timely and adequate notice of benefit determinations and/or
changes in benefits; and
(4)
written policies of the Refugee Cash Assistance Program
regarding eligibility standards, time period of eligibility, amount of assistance,
participation and employment requirements, and penalties for non-cooperation.
§7.343.What information and materials must a contractor provide to the participant upon enrollment?
Contractors are responsible for advising and giving the participant
the notice of all participant rights and responsibilities for acceptance of
cash assistance, as well as the right to have a fair hearing.
§7.345.What procedures must a contractor follow when authorizing or denying an applicant benefits?
Contractors must follow procedures established by federal regulations
as described in the provider manual when authorizing or denying benefits.
This includes, but is not limited to, giving the participant written notice
that:
(1)
clearly states the action, the reasons for the action,
and the right to a hearing in the case of denial; and
(2)
clearly states that the notice is for the Refugee Cash
Assistance Program and not any other program.
§7.347.When may a contractor reduce, suspend, or terminate benefits?
Contractors may reduce, suspend, or terminate benefits when:
(1)
the size of a participant's family unit changes; or
(2)
a participant does not fulfill employment requirements.
§7.349.What must a contractor do when reducing, suspending, or terminating benefits?
Contractors must follow procedures established by federal regulations
in 45 CFR §400.54 as described in the Texas Refugee Cash Assistance Provider
Manual when denying, reducing, suspending, or terminating benefits.
(1)
If the action is taken because of a change in the size
of the family unit, the contractor must give the participant written notice
that:
(A)
clearly states the action, the reasons for the action,
and the right to a hearing;
(B)
clearly states that the notice is for the Refugee Cash
Assistance Program (RCA) and not any other program; and
(C)
is postmarked or provided in person to the participant
at least 10 days before the effective date of the change.
(2)
If the action is taken because the participant has not
fulfilled employment requirements, the contractor must give the participant
written notice that:
(A)
clearly states the action, the reasons for the action,
and the right to a fair hearing preceded by a review period;
(B)
clearly states that the notice is for RCA and not any other
program; and
(C)
is postmarked or provided in person to the participant
at least 10 days before the date of the change.
§7.351.Can a contractor reduce, suspend, or terminate cash assistance if the participant requests a hearing?
(a)
No, if the participant requests a hearing, the contractor
cannot reduce, suspend, or terminate cash assistance until the hearing process
is complete and a final decision has been made.
(b)
If the contractor's action is upheld, a participant may
have to repay assistance that was given during the hearing process.
(c)
Participants can request that payments be held until a
final hearing decision has been reached to avoid possible repayment.
§7.353.How must contractors participate in coordination activities with other refugee providers?
Contractors must actively participate in coordination activities involving
the Office of Immigration and Refugee Affairs, Mutual Assistance Associations,
and other ethnic representatives to ensure that services are:
(1)
appropriate to the linguistic and cultural needs of the
incoming populations; and
(2)
coordinated with the longer term resettlement services
frequently provided by ethnic community organizations after Refugee Cash Assistance
eligibility has ended.
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. Issued
in Austin, Texas, on April 29, 2002.
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 April 29, 2002.
TRD-200202640
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 438-3734
40 TAC §§7.401 - 7.405
(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 Human Services or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Human Resources
Code, Title 2, Chapters 22 and 31, which authorizes the department to administer
public and financial assistance programs.
The repeals implement the Human Resources Code, §§22.001-22.036
and 31.001- 31.053.
§7.401.Food Stamps.
§7.402.Medicaid/Texas Health Steps (THSteps).
§7.403.Refugee Medically Needy Program.
§7.404.Refugee Medical Assistance (RMA) Program.
§7.405.Self-support Services.
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 April 29, 2002.
TRD-200202641
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 438-3734
40 TAC §§7.401, 7.403, 7.405, 7.407, 7.409, 7.411, 7.413, 7.415, 7.417, 7.419
The new sections are proposed under the Human Resources Code,
Title 2, Chapters 22 and 31, which authorizes the department to administer
public and financial assistance programs.
The new sections implement the Human Resources Code, §§22.001-22.036
and 31.001-31.053.
§7.401.What is the purpose of this subchapter?
This subchapter contains the requirements Refugee Cash Assistance participants
must meet in order to receive or continue benefits. Contractors are required
to enforce all participant requirements.
§7.403.Are there employment requirements for participants in this program?
Yes, participants must continuously meet all requirements established
by federal regulations that include:
(1)
registering for employment services;
(2)
participating, within 30 days of receipt of aid, in employability
service programs that may include job and language training, as indicated
in the participant's employability plan developed by the employment provider;
(3)
going to job interviews; and
(4)
accepting appropriate offers of employment.
§7.405.What are the exemptions for employment participation requirements?
Participants are exempt from the employment requirements if they are
a:
(1)
single parent or caretaker of a child under age one;
(2)
single parent or caretaker who is needed in the home to
care for a disabled child in the family unit;
(3)
participant who is needed in the home to care for a disabled
adult who is in the family unit and is disabled for more than 180 days;
(4)
single grandparent age 50 or over who is a caretaker for
a child under age three;
(5)
participant who is disabled for more than 180 days;
(6)
participant who is unable to work as a result of pregnancy;
(7)
participant who is age 60 or older;
(8)
participant under age 16 who is not a caretaker or second
parent; or
(9)
participant who is age 16 through 18 years old attending
elementary, secondary, vocational, or technical school full-time.
§7.407.What are the temporary good cause exemptions from employment participation requirements?
(a)
Participants may be eligible for a two-month temporary
good cause exemption from employment requirements if they are:
(1)
needed at home to care for an ill or temporarily disabled
child or adult in the family unit. The caretaker must provide a current medical
statement from a doctor to claim this exemption unless the child/adult receives
a temporary government disability benefit;
(2)
temporarily disabled when the incapacity is expected to
last 180 days or less. A current medical statement from a doctor must be provided
to claim this exemption; or
(3)
a victim of family violence for whom participation would
endanger the participant and/or his children.
(b)
A two-month temporary good cause exemption is subject to
renewal if the participant continues to meet the exemption.
§7.409.What happens if a non-exempt participant fails to meet employment requirements?
(a)
As required by the 45 CFR §400.82(a), the contractor
must terminate assistance if an employable participant who does not qualify
for an exemption fails or refuses to meet employment requirements. The contractor
must follow the requirements in §7.349 of this title (relating to What
must a contractor do when reducing, suspending, or terminating benefits?).
(b)
Termination of assistance under this provision will remain
in effect for three payment months for the first failure or refusal and six
payment months for any subsequent failure or refusal.
§7.411.What happens to a family unit's benefits if one member of a family unit fails to meet employment requirements?
(a)
If an employable participant of a family unit, who does
not qualify for a permanent or temporary good cause exemption from employment
requirements, does not meet employment requirements then the amount of assistance
given to the family unit is reduced to the number of participants meeting
the requirements. The contractor must follow the requirements in §7.349
of this title (relating to What must a contractor do when reducing, suspending,
or terminating benefits?).
(b)
Termination of assistance under this provision will remain
in effect for three payment months for the first failure or refusal and six
payment months for any subsequent failure or refusal.
§7.413.What action does a contractor take if an applicant voluntarily quits employment within 30 days of applying for Refugee Cash Assistance (RCA) benefits?
If an employable applicant, who does not qualify for a permanent or
temporary good cause exemption from employment requirements, voluntarily quits
employment within 30 days or fewer before applying for benefits, the contractor
must deny benefits to the applicant. Denial of assistance must follow the
rule established under §7.345 of this title (relating to What procedures
must a contractor follow when authorizing or denying an applicant benefits?).
§7.415.What action does a contractor take if a participant voluntarily quits employment after enrolling in Refugee Cash Assistance (RCA) benefits?
If an employable participant, who does not qualify for a permanent
or temporary exemption from employment requirements, quits employment without
good cause after enrolling in RCA, the contractor must terminate benefits.
Contractors must provide a written notice to the participant explaining that
benefits are being terminated and the reason for the action following the
guidelines in §7.349 of this title (relating to What must a contractor
do when reducing, suspending, or terminating benefits?). Termination of benefits
will remain in effect for three payment months for the first sanction and
six payment months for any subsequent sanction.
§7.417.If a Refugee Cash Assistance (RCA) contractor denies, terminates, or reduces benefits, how may an applicant or participant appeal the decision?
(a)
An applicant or participant may appeal a decision by the
following methods:
(1)
The participant has the right to appeal to the Texas Department
of Human Services (DHS), at which time a hearing will take place. The request
for a hearing must be made within 10 days of the contractor's decision. Final
administrative action must be taken within 60 days of the date of request
for the hearing.
(2)
An applicant or participant may follow the internal appeal
procedures of the contractor.
(3)
An applicant or participant may have the appeal forwarded
to a statewide review board comprised of representatives from refugee service
providers. The request for review by the review board must be made within
four days of the contractor's decision. The review board must begin reviewing
the request within 10 days of the contractor's decision. The review process
may not exceed 30 days from the date of the contractor's decision.
(b)
A participant may appeal to DHS for a hearing and attempt
resolution through steps in paragraphs (2) and (3) of this subsection simultaneously.
§7.419.If a participant's benefits are denied, terminated, or reduced because the employment provider has reported that the participant is not meeting the employment requirements of the program, how can a participant appeal the decision?
(a)
A participant may appeal the decision by the following
methods:
(1)
A participant has the right to appeal to the Texas Department
of Human Services (DHS), at which time a hearing will take place. The request
for a hearing must be made within 10 days of the contractor's decision. Final
administrative action must be taken within 60 days of the date of request
for the hearing.
(2)
The participant may follow the internal appeal procedures
of the employment contractor.
(3)
The participant may attempt resolution by requesting a
mediation period. The request for mediation must be made to the Refugee Cash
Assistance (RCA) contractor within four days of the dated notice of adverse
action. The RCA contractor must begin working on a resolution within 10 days
following the adverse action. The mediation process may not exceed 30 days
from the date of the adverse action. If the RCA contractor or the participant
determines that the dispute cannot be resolved, either may terminate the resolution
process.
(b)
A participant may appeal to DHS for a hearing and attempt
resolution through steps in paragraphs (2) and (3) of this subsection simultaneously.
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 April 29, 2002.
TRD-200202642
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 438-3734
40 TAC §§7.501, 7.503, 7.505, 7.507, 7.509, 7.511, 7.513, 7.515, 7.517, 7.519, 7.521, 7.523, 7.525, 7.527, 7.529, 7.531, 7.533, 7.535, 7.537, 7.539
The new sections are proposed under the Human Resources Code,
Title 2, Chapters 22 and 31, which authorizes the department to administer
public and financial assistance programs.
The new sections implement the Human Resources Code, §§22.001-22.036
and 31.001-31.053.
§7.501.What is the purpose of this subchapter?
This subchapter governs the Refugee Medical Assistance Program administered
by the Texas Department of Human Services.
§7.503.Who is eligible for Refugee Medical Assistance (RMA) benefits?
RMA is restricted to individuals who meet the eligibility requirements
listed below:
(1)
meet immigration status and identification requirements
in Subpart D of 45 CFR Part 400 and who can provide documentation of one of
the following statuses from the Immigration and Naturalization Service:
(A)
paroled as a refugee or asylee under Section 212(d) of
the Immigration and Nationality Act (INA);
(B)
admitted as a refugee under Section 207 of the INA;
(C)
granted asylum under Section 208 of the INA;
(D)
admitted as a Cuban or Haitian entrant in accordance with
requirements in 45 CFR part 401;
(E)
admitted as an Amerasian from Vietnam pursuant to Section
584 of the Foreign Operations, Export Financing, and Related Programs Appropriations
Act, 1988 (as contained in Section 101 (e) of Public law 100-202 and amended
by the ninth proviso under Migration and Refugee Assistance in Title II of
the Foreign Operation, Export, Financing, and Related Programs Appropriations
Acts, 1989, (Public Law 100-461 as amended));
(F)
victims of a severe form of trafficking; or
(G)
designated as eligible by the director of the Office of
Refugee Resettlement (ORR).
(2)
are within the prescribed eight-month RMA eligibility period
as regulated by ORR;
(3)
meet documentation of eligibility requirements under §7.513
of this title (relating to What documentation is needed to determine eligibility?);
(4)
are not full-time students in institutions of higher education,
as defined by the director of ORR, except if enrollment is part of an individual's
employability plan for a refugee under 45 CFR 400.79; or
(5)
are ineligible for Medicaid, Children's Health Insurance
Program (CHIP), and state medical programs.
§7.505.How does a person apply for Refugee Medical Assistance (RMA)?
An individual can apply for RMA by contacting the designated Texas
Department of Human Services office.
§7.507.Are Refugee Medical Assistance (RMA) applicants required to apply for Refugee Cash Assistance (RCA)?
The Texas Department of Human Services does not require an applicant
for RMA to apply for RCA as a condition of eligibility.
§7.509.Are there special considerations when Refugee Cash Assistance (RCA) participants apply for Refugee Medical Assistance (RMA)?
All participants enrolled in RCA who are not eligible for Medicaid
are eligible for RMA.
§7.511.Who determines eligibility for Refugee Medical Assistance (RMA)?
Texas Department of Human Services staff determine eligibility for
RMA.
§7.513.What documentation is needed to determine eligibility?
(a)
The Texas Department of Human Services (DHS) requires the
following documentation to determine eligibility for RMA:
(1)
for refugees, Form I-94 issued by the Immigration and Naturalization
Service (INS) and the name of the resettlement agency that provided initial
resettlement;
(2)
for asylees, an official document as approved by the Office
of Refugee Resettlement (ORR) stating that a final grant of asylum has been
made under Section 208 of the Immigration and Nationality Act (INA);
(3)
for victims of a severe form of trafficking, a certification
letter signed by the director of ORR;
(4)
for Cuban and Haitian entrants, Form I-94 issued by the
INS or other entry document as specified by ORR;
(5)
for Amerasians, Form I-94 issued by the INS or other entry
document as specified by ORR.
(b)
Applicants must submit documentation to the designated
DHS office.
§7.515.How is the beginning date of the eight-month period of eligibility for Refugee Medical Assistance (RMA) benefits determined?
The beginning date of the eligibility for RMA benefits is determined
as follows:
(1)
for refugees, the date of arrival to the U.S., as stamped
on the individual's Form I-94;
(2)
for asylees, the date that a final grant of asylum was
made;
(3)
for victims of a severe form of trafficking, the date on
the certification letter signed by the director of the Office of Refugee resettlement
(ORR);
(4)
for Cuban and Haitian entrants, the date on the individual's
Form I-94, or other entry document as specified by ORR and indicated in the
Texas Refugee Cash Assistance Provider Manual;
(5)
for Amerasians, the date of arrival to the U.S., as stamped
on Form I-94, or other entry document as specified by ORR and indicated in
the Texas Refugee Cash Assistance Provider Manual.
§7.517.What are the financial eligibility limits for Refugee Medical Assistance (RMA)?
The RMA financial eligibility requirements are the same as the Temporary
Assistance for Needy Families (TANF) Medically Needy Income Limit (MNIL) requirements
found in §2.1010(2) of this title (relating to Determining Income Eligibility).
§7.519.What are the income and resource considerations for Refugee Medical Assistance (RMA) eligibility?
(a)
RMA follows the same income and resource considerations
as Medicaid rules under Chapter 2, Subchapter A, of this title (relating to
Program Requirements). In addition to the Temporary Assistance to Needy Families
(TANF) considerations, the following are disregarded when determining RMA
eligibility:
(1)
any in-kind services and shelter provided to an applicant
by a non-spousal sponsor or local resettlement agency; and
(2)
any cash assistance payments provided to an applicant.
(b)
The Texas Department of Human Services (DHS) bases eligibility
for RMA on the applicant's income and resources on the date of application.
DHS does not average income prospectively over the application processing
period when determining income eligibility.
(c)
Applicants whose income exceeds the Medically Needy Income
Limit (MNIL) on the date of application are eligible if deducting incurred
medical expenses puts the income under MNIL.
§7.521.How does marriage affect Refugee Medical Assistance (RMA) benefits?
The spouse's income is considered using stepparent policies outlined
in the Medicaid rules under Chapter 2, Subchapter A, of this title (relating
to Program Requirements).
§7.523.How does having a child after arrival affect Refugee Medical Assistance (RMA) benefits?
(a)
If a refugee has a child after arriving in the U.S. and
the child is not the result of marriage to a U.S. citizen, the child is eligible
for RMA as long as the parent(s) are eligible.
(b)
The family unit must be determined ineligible for Medicaid
to remain on RMA.
§7.525.Can applicants who do not live together be certified as a family unit?
No, applicants must live together to be certified as a family unit.
§7.527.If two or more unrelated applicants live together, can they be certified as a family unit?
No, unrelated applicants must be certified separately.
§7.529.Are benefits continued if a participant's income increases due to employment?
Yes. Income from employment does not affect Refugee Medical Assistance
(RMA) benefits. A recipient will continue to receive RMA until he reaches
the end of the time period of eligibility.
§7.531.Is a refugee who has been terminated from Medicaid because of earnings eligible for Refugee Medical Assistance (RMA)?
Yes, if the participant has been terminated from Medicaid because of
income from employment and is within the eligibility period for RMA, the Texas
Department of Human Services will transfer Medicaid participants or family
units to RMA without an RMA eligibility determination.
§7.533.What changes are Refugee Medical Assistance (RMA) participants required to report?
RMA participants must report all changes within 10 days to the Texas
Department of Human Services following the Medicaid reporting requirements
under §4.1016 of this title (relating to Client Reporting Requirements).
§7.535.What services are provided under Refugee Medical Assistance (RMA)?
The Texas Department of Human Services (DHS) provides the same services
in the same manner and to the same extent as provided under the state's Medicaid
program. DHS also provides Refugee Health Screening through an interagency
contract with the Texas Department of Health.
§7.537.What happens if the refugee becomes covered by employer-provided insurance?
The Texas Department of Human Services will reduce Refugee Medical
Assistance payments by the amount of the third-party payment.
§7.539.What notices will the Texas Department of Human services (DHS) provide to Refugee Medical Assistance (RMA) participants?
DHS must provide notice to RMA participants that assistance has been
authorized because they are ineligible for Medicaid. DHS will specify whether
the notice applies to RMA or Medicaid. DHS will also provide notice that participants
have the right to appeal through the fair hearings process.
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 April 29, 2002.
TRD-200202643
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 438-3734
40 TAC §7.502
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Human Services or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under the Human Resources
Code, Title 2, Chapters 22 and 31, which authorizes the department to administer
public and financial assistance programs.
The repeal implements the Human Resources Code, §§22.001-22.036
and 31.001- 31.053.
§7.502.Reporting Changes.
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 April 29, 2002.
TRD-200202644
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 438-3734
40 TAC §§7.601 - 7.603
(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 Human Services or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under the Human Resources
Code, Title 2, Chapters 22 and 31, which authorizes the department to administer
public and financial assistance programs.
The repeals implement the Human Resources Code, §§22.001-22.036
and 31.001- 31.053.
§7.601.Sanctions for Noncompliance with Employment Services Requirements.
§7.602.Fraud, Recoupment, and Appeal.
§7.603.Good Cause.
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 April 29, 2002.
TRD-200202645
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 438-3734
Chapter 106.
PURCHASE OF GOODS AND SERVICES BY TEXAS REHABILITATION COMMISSION
Subchapter A. GENERAL
40 TAC §106.3
The Texas Rehabilitation Commission (TRC) proposes a change
to Title 40, Chapter 106, §106.3, concerning purchase of goods and services
by TRC. The change is being proposed to correct an error in the citation to
the Government Code for TRC's delegated authority for procuring administrative
goods and services.
David McKay, Acting Deputy Commissioner for Financial Services, has determined
that for the first five-year period the section is in effect, there will be
no material fiscal implications for state or local government.
Mr. McKay 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 enforcing
the section will be the agency's compliance with Chapter 111, Human Resources
Code. There will be no material effect on small businesses. There is no material
anticipated economic cost to persons who are required to comply with the section
as proposed. In accordance with Government Code, §2001.022, TRC has determined
that the proposed rule will not affect a local economy.
Comments on the proposal may be submitted to Roger Darley, Assistant General
Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite
7300, Austin, Texas 78751.
The amendment is proposed under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
No other statute, article, or code is affected by this proposal.
§106.3.Authority.
The Texas Rehabilitation Commission receives delegated purchasing authority
for procuring administrative goods and services from Government Code,
§2155.144
[
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 April 29, 2002.
TRD-200202649
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 424-4050
40 TAC §106.107
The Texas Rehabilitation Commission (TRC) proposes an amendment
to §106.107, concerning schedule of rates. The amendment is necessary
to update the annual schedule rates.
Charles E. Harrison, Jr., Deputy Commissioner for Financial Services, has
determined that for the first five-year period the section is in effect, there
will be no fiscal implications for state or local government.
Mr. Harrison 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 enforcing
the section will be an updated rule. There will be no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the section as proposed. In accordance with Government Code §2001.022,
TRC has determined that the proposed rule will not affect a local economy.
Comments on the proposal may be submitted to Roger Darley, Assistant General
Counsel, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Suite
7300, Austin, Texas 78751.
The amendment is proposed under the Texas Human Resources Code,
Title 7, Chapter 111, A7111.018 and A7111.023 and §111.0552(b) which
provides the Texas Rehabilitation Commission with the authority to promulgate
rules consistent with Title 7, Texas Human Resources Code.
No other statute, article, or code is affected by this proposal.
§106.107.Schedule of Rates.
Pursuant to Human Resources Code, §111.0552(b) and Texas Administrative
Code Title 40, §106.105(3), the Board of the Texas Rehabilitation Commission
adopts by reference the annual schedule rates the Commission will pay for
medical services, to be effective
September 2, 2002
[
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 April 29, 2002.
TRD-200202650
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Earliest possible date of adoption: June 9, 2002
For further information, please call: (512) 424-4050
Chapter 815.
UNEMPLOYMENT INSURANCE
Subchapter B. BENEFITS, CLAIMS AND APPEALS
Subchapter A. PURPOSE AND SCOPE
Subchapter B. ELIGIBILITY CRITERIA
Subchapter B. CONTRACTOR REQUIREMENTS FOR THE REFUGEE CASH ASSISTANCE PROGRAM (RCA)
Subchapter C. ELIGIBILITY DETERMINATION
Subchapter C. PROGRAM ADMINISTRATION FOR THE REFUGEE CASH ASSISTANCE PROGRAM (RCA)
Subchapter D. ELIGIBILITY FOR OTHER PROGRAMS
Subchapter D. REFUGEE CASH ASSISTANCE PARTICIPANT REQUIREMENTS
Subchapter E. REFUGEE MEDICAL ASSISTANCE
Subchapter E. CLIENT REPORTING REQUIREMENTS
Subchapter F. PENALTY PROVISIONS
Part 2.
TEXAS REHABILITATION COMMISSION
§2154.144
]. The legal authority for
the Texas Rehabilitation Commission to enter into contracts is Title 7, §111.052,
Human Resources Code. TRC will also comply with specific contracting procedures
found in the Interagency Cooperation Act, Government Code §§771.001-771.010;
Interlocal Cooperation Act (Government Code §§791.001, et seq.)
Subchapter D. PURCHASE OF GOODS AND SERVICES
September
3, 2001
]. The schedule of rates may be viewed or copies may be obtained
by calling the Texas Rehabilitation Commission at (512-424-4019) or visiting
the Texas Rehabilitation Commission at the Brown Heatly Building at 4900 North
Lamar; Austin, Texas; 78751.
Part 20.
TEXAS WORKFORCE COMMISSION