Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 12.
SPECIAL NUTRITION PROGRAMS
Subchapter A. CHILD AND ADULT CARE FOOD PROGRAM
40 TAC §12.3
The Texas Department of Human Services (DHS) adopts an amendment
to §12.3, without changes to the proposed text published in the January
24, 2003, issue of the
Texas Register
(28
TexReg 654) and will not be republished.
In 1996, DHS instituted a requirement that day care home sponsors maintain
secondary business offices in each DHS region in which they sponsor day care
homes. This was done at the request of day care home providers whose sponsoring
organization's business office was often in a city far from the provider's
day care home. In October 2000, the United States Department of Agriculture
(USDA) mandated a number of program integrity initiatives and management standards
for all CACFP contractors, including day care home sponsors. In light of these
new standards and with the emergence of improved communication methods available
to providers, DHS conducted a survey to determine whether the need for secondary
offices still existed. The survey results concluded that the secondary office
policy was an unnecessary business expense. DHS is therefore adopting this
amendment to its CACFP rules in part to eliminate the requirement that day
care home sponsors maintain secondary business offices in each DHS region
in which they sponsor day care homes.
Justification for the amendment is also to implement a provision of the
Agricultural Risk Protection Act of 2000 (Public Law 106-224), as codified
in 7 CFR §226.6(b)(11), requiring new sponsoring organizations of day
care home providers or child or adult day care centers to demonstrate that
they are serving an unmet need through their participation in the CACFP. USDA
requires DHS to develop the criteria for what constitutes an unmet need. DHS
determined unmet need is met when a sponsoring organization applying to participate
in the CACFP demonstrates that the facilities it sponsors are currently not
contracted to participate in the CACFP or have not contracted to participate
during the 12 months before the sponsoring organization's application.
DHS received no comments regarding adoption of the amendment.
The amendment is adopted under the Human Resources Code, Chapters
22 and 33, which authorizes DHS to administer public and nutritional assistance
programs.
The amendment implements the Human Resources Code, §§22.0001-22.038
and §§33.001-33.027.
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 March 5, 2003.
TRD-200301559
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 25, 2003
Proposal publication date: January 24, 2003
For further information, please call: (512) 438-3734
Subchapter C. NURSING FACILITY LICENSURE APPLICATION PROCESS
Chapter 19.
NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION