The Texas Department of Human Services (DHS) adopts amendments to §§15.100, 15.450, and 15.619, and new §15.401 without changes to the proposed text published in the March 8, 2002, issue of the Texas Register (27 TexReg 1684).

Justification for the amendments to §15.100 and §15.450 and new §15.401 is to clarify the treatment of a fiduciary (financial) agent. If the client is the agent for another person, the income and resources of that person are not countable to the client. If the client has a fiduciary agent, the client's income and resources are available to him, unless otherwise excludable. Justification for the amendment to §15.619 is to clarify the time frame for rescheduling a missed appointment for an application interview. DHS uses policy established by the Social Security Administration for the Supplemental Security Income Program for treatment of income and resources.

The department received no comments regarding the adoption of the amendments and new section.

Subchapter A. GENERAL INFORMATION

Subchapter F. IN-HOME AND FAMILY SUPPORT PROGRAM

The Texas Commission for the Blind is adopting amendments to §169.1, Purpose and Legal Authority; §169.3, Remedy of Dissatisfaction; §169.4, Definitions; and §169.5, Comparable Services and Benefits, of Subchapter A; §169.10, Referral and Application; §169.12, Prior Authorization of Services and §169.15, Reopening Closed Cases, of Subchapter B; §169.25, Assessment Services; §169.26, Physical Examinations and Other Medical Specialty Examinations; §169.27, Other Diagnostic Evaluations; §169.28, Restoration Services; §169.29, Travel Services; and §169.31, Counseling, Guidance, and Follow-up Services, of Subchapter C; §169.40, Determination, of Subchapter D; §169.52, Order of Selection Expenditure Categories, of Subchapter E; and §169.62, Definitions, of Subchapter F, without changes to the proposal published in the February 22, 2002, issue of the Texas Register (27 TexReg 1288).

The Commission is also adopting the repeal of and new §169.2, Public Access to Information, Forms, and Documents, without changes to the proposal published in the February 22, 2002, issue of the Texas Register (27 TexReg 1289).

The adoptions are the result of the agency's review of 40 TAC Chapter 169 under the requirements of Texas Government Code, §2001.039. The chapter serves as the agency's rules for serving children with visual impairments. The agency's review indicated that the rules still serve the purpose for which they were adopted; however, the Commission has changed the program's name and has improved the rules by adding cross references and making needed technical corrections. All rules not changed during the review process are hereby readopted without changes.

Subchapter A. GENERAL INFORMATION