Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
The Texas Department of Human Services (DHS) adopts the repeals of §§3.101-
3.103, 3.201, 3.202, 3.301-3.307, 3.401-3.404, 3.501, 3.601-3.607, 3.701-3.706,
3.801-3.810, 3.901-3.903, 3.1002-3.1004, 3.1101-3.1105, 3.1201-3.1204, 3.1301,
3.1401, 3.1501, 3.1601, 3.1801, 3.1901, 3.2001, 3.2002, 3.2101, 3.2208, 3.2209,
3.2301, 3.2302, 3.2401-3.2408, 3.2501-3.2504, 3.2701-3.2714, 3.2801-3.2803,
3.2901, 3.3001, 3.3002, 3.3101, 3.3201, 3.3202, 3.3301, 3.3401, 3.3402, 3.3501,
3.3502, 3.3601, 3.3701-3.3703, 3.3801, 3.3901- 3.3905, 3.3907, 3.7001-3.7004,
3.7101-3.7105, 3.7201-3.7206, 3.7301-3.7303, 3.7401-3.7419, 3.7501, 3.7601-3.7605,
3.7607, 3.7609, 3.7701, 3.7702, 3.7801-3.7809, and 3.7901-3.7920; and adopts
new §§3.1-3.6, 3.101-3.107, 3.151-3.153, 3.201-3.205, 3.251, 3.252,
3.301, 3.351-3.354, 3.358, 3.401, 3.402, 3.405-3.410, 3.451-3.459, 3.501,
3.601, 3.651-3.656, 3.701, 3.702, 3.751-3.754, 3.801, 3.802, 3.901-3.906,
3.951-3.958, 3.1001-3.1003, 3.1101, 3.1151- 3.1156, 3.1201-3.1204, 3.1251-3.1253,
3.1301-3.1304, 3.1351-3.1353, 3.1401-3.1404, 3.1501- 3.1529, 3.1551-3.1554,
3.1601-3.1603, and 3.1701-3.1720 in its Texas Works chapter.
New §§3.407, 3.457, 3.751, 3.904, 3.1154, 3.1156, 3.1351, 3.1402,
and 3.1506 are adopted with changes to the proposed text published in the
November 7, 2003, issue of the
Texas Register
(28
TexReg 9744). The repeals of §§3.101-3.103, 3.201, 3.202, 3.301-3.307,
3.401-3.404, 3.501, 3.601-3.607, 3.701-3.706, 3.801-3.810, 3.901-3.903, 3.1002-
3.1004, 3.1101-3.1105, 3.1201-3.1204, 3.1301, 3.1401, 3.1501, 3.1601, 3.1801,
3.1901, 3.2001, 3.2002, 3.2101, 3.2208, 3.2209, 3.2301, 3.2302, 3.2401-3.2408,
3.2501-3.2504, 3.2701-3.2714, 3.2801-3.2803, 3.2901, 3.3001, 3.3002, 3.3101,
3.3201, 3.3202, 3.3301, 3.3401, 3.3402, 3.3501, 3.3502, 3.3601, 3.3701-3.3703,
3.3801, 3.3901-3.3905, 3.3907, 3.7001-3.7004, 3.7101-3.7105, 3.7201-3.7206,
3.7301-3.7303, 3.7401-3.7419, 3.7501, 3.7601- 3.7605, 3.7607, 3.7609, 3.7701,
3.7702, 3.7801-3.7809, and 3.7901-3.7920; and new §§3.1-3.6, 3.101-3.107,
3.151-3.153, 3.201-3.205, 3.251, 3.252, 3.301, 3.351-3.354, 3.358, 3.401,
3.402, 3.405, 3.406, 3.408-3.410, 3.451-3.456, 3.458, 3.459, 3.501, 3.601,
3.651- 3.656, 3.701, 3.702, 3.752-3.754, 3.801, 3.802, 3.901-3.903, 3.905,
3.906, 3.951-3.958, 3.1001-3.1003, 3.1101, 3.1151-3.1153, 3.1155, 3.1201-3.1204,
3.1251-3.1253, 3.1301-3.1304, 3.1352, 3.1353, 3.1401, 3.1403, 3.1404, 3.1501-3.3.1505,
3.1507-3.1529, 3.1551-3.1554, 3.1601-3.1603, and 3.1701-3.1720 are adopted
without changes to the proposed text.
DHS undertook the repeals and new sections as part of its agency-wide initiative
to reorganize and rewrite its rules in plain English in order to make them
easier for the public to navigate and understand. DHS organized the Texas
Works chapter into subchapters that deal with general topics, including definitions
of words and terms used in the chapter; guidelines for determining eligibility
of individuals for Temporary Assistance for Needy Families (TANF) and food
stamps; associated programs, including the Simplified Nutritional Assistance
Program (SNAP) and One-Time TANF (OTTANF); the application process for TANF
and food stamps; requirements for individuals who participate in the TANF
and/or food stamp programs; benefits, including accessing benefits electronically;
and requirements for Electronic Benefit Transfer (EBT) retailers. DHS updated
citations and cross-references and eliminated obsolete language in the rules
in order to have an accurate and current rule base.
Justification for new §§3.1512, 3.1522, 3.1524, and 3.1528 is
to implement federal provisions at 7 Code of Federal Regulations (CFR), Part
274, that allow DHS to phase out the use of food stamp coupons and to help
clients find a participating out-of-state business where the EBT benefits
can be used rather than converting the EBT benefits to paper coupons.
DHS is adopting additional new rules in Chapter 3 elsewhere in this issue
of the
Texas Register
. The additional rules
concern whose resources DHS counts and which resources DHS counts and does
not count in determining TANF and food stamp eligibility, and whose income
and what income DHS counts and does not count in determining TANF eligibility.
DHS received written comments from the Office of the Attorney General (OAG),
the Texas Workforce Commission (TWC), and a member of the public. A summary
of the comments and DHS's responses follow.
Comment: Regarding §3.407, a commenter noted that the proposed language
states there is not a requirement in the Food Stamp Program for members of
a household to pursue or accept income. The commenter interprets federal statute
in Section 6 of the Food Stamp Act (7 U.S.C. §2015(d)(1)(A)(iii)) to
mean that individuals receiving food stamp benefits accept all income to which
they are legally entitled or become ineligible for failing to comply with
the requirement. The commenter suggested that the food stamp policy be revisited
to conform to the TANF policy that requires persons who do not have good cause
to pursue and accept income to which they are legally entitled.
Response: The federal statute in 7 U.S.C. §2014(b) and food stamp
regulations do not allow state agencies to implement this suggestion; however,
DHS agrees that a recipient who is not exempt from food stamp employment and
training requirements has to accept a suitable job offer as required by the
language in 7 U.S.C. §2015(d)(1)(A)(iii). This language is noted in §3.1351.
DHS has modified §3.407 to clarify that recipients who are not exempt
from work requirements must accept a bona fide offer of suitable employment.
Comment: Regarding §3.454, a commenter noted that the proposed language
states that a TANF recipient who is exempted from a time limit due to employment
hardship must complete a work search consisting of contacting 40 potential
employers each month. The commenter also indicated that the proposed language
states that DHS would determine whether a recipient has met this requirement.
The commenter suggested that the rule language in §3.454(b) be amended
to require TANF recipients who receive a time limit exemption to comply with
the Choices work requirement instead of making the 40 contacts to potential
employers.
Response: DHS has not revised §3.454(b) at this time, but will consider
this suggestion after further discussions with TWC.
Comment: Regarding §3.457, a commenter noted that the proposed language
uses the word "participation" when describing Choices requirements. The Choices
work requirement is broader than simply what counts for participation. TWC's
Choices rules do not use the word "participation" when referring to the broader
work requirement. The commenter suggested that the word "participation" be
removed from §3.457 and throughout 40 TAC to be consistent with the Choices
rules and policy.
Response: DHS agrees with the commenter and has modified §3.457 to
delete the word "participation."
Comment: Regarding §3.751, a commenter noted that the proposed language
states that the TANF State Program (TANF-SP) is limited to "certain Texas
counties and two-parent households." The proposed language mirrors the Texas
Human Resources Code, §34.002(b), which states: "Temporary assistance
and related support services may be provided under the state program only
to two-parent families; or persons residing in minimum service counties, as
defined by the Texas Workforce Commission." The commenter asked DHS to clarify
that minimum service counties no longer exist. All counties with an active
TANF caseload are defined as full service counties.
Response: DHS agrees with the suggestion and has clarified §3.751.
Comment: Regarding §3.904, a commenter indicated that the proposed
language states that the 45-day application period applies to all applicants
and removes the current language that excludes the month of cooperation for
these applicants from the 45-day time frame that DHS allows for processing
applications. The commenter also indicated that the current language in 40
TAC §3.301(d)(4)(C) states the following:
"A family denied for noncooperation may reapply for TANF cash assistance
but must cooperate with any applicable requirements of a responsibility agreement
for one month before receiving cash assistance. This month of cooperation
does not count toward the 45-day time frame DHS allows for processing applications."
Additionally, the Texas Human Resources Code, §31.00331, states that
a person may reapply for financial assistance but must cooperate with the
requirements of the responsibility agreement for a one-month period before
receiving an assistance payment for that month.
The commenter suggested that, to be in compliance with state statute, DHS
should retain the current rule language that excludes the one-month demonstrated
cooperation from the 45- day application processing period to ensure that
a family does not receive benefits before cooperation.
Response: DHS agrees with the commenter and has modified §3.904 by
adding language that excludes applicants who are subject to a one-month period
of demonstrating cooperation as explained in §3.1155(d) of this chapter
from the 45-day time frame that DHS allows for processing applications.
Comment: One commenter suggested adding language to the proposed rules
to clarify that the role of DHS is to determine good cause and the role of
the OAG is to determine cooperation. The commenter also suggested rewording
the requirements for cooperation with the Personal Responsibility Agreement.
Response: DHS agrees and has clarified §§3.1154(a)(1)-(3), 3.1154(a)(4)(G),
and §3.1156(e)(2).
Comment: Regarding §3.1154, a commenter noted that the proposed language
exempts a person from the work requirement if the person chooses the One-Time
TANF (OTTANF) benefit instead of regular TANF benefits. The commenter suggested
that the language should be clarified to reflect that persons who opt out
of regular TANF do not have a work requirement because they are ineligible
for TANF for 12 months and that clients may voluntarily participate in workforce
services but are not eligible for Choices.
Response: DHS agrees with the comment that persons who opt out of regular
TANF do not have a work requirement because they are ineligible for TANF for
12 months and has modified §3.1154(g)(1) in response. Regarding the suggestion
to clarify DHS rules to indicate that OTTANF clients may voluntarily participate
in workforce services but are not eligible for Choices, DHS feels that this
provision is more appropriate in TWC's rules; therefore, DHS has not revised
the rule in response to the latter suggestion.
Comment: One commenter noted that the proposal did not include current
Choices program exemptions for situations where there is a disabled adult
at home and the client needs to care for the adult.
Response: DHS agrees and has clarified §3.1154(g)(3).
Comment: Regarding §3.1351, a commenter indicated that the proposed
language lists only two food stamp work requirements. The language in 7 CFR §273.7
lists six work requirements. The commenter suggested that all work requirements
be referenced and provided recommended language for this section.
Response: DHS agrees with the comment and has revised §3.1351 to include
all six work requirements.
Comment: Regarding §3.1506, a commenter noted that the proposed language
states that TANF benefits begin on the 30th day after the application file
date, which conflicts with state statute that requires certain applicants
to demonstrate cooperation for 30 days before receiving benefits. The commenter
added that the current policy, which starts benefits on the 30th day after
the application, is unsuitable for such applicants. The commenter suggested
that to be consistent with state statute, DHS rule language should prohibit
applicants who must demonstrate cooperation for one month from receiving benefits
until completion of their one month of demonstrated cooperation.
Response: DHS agrees with the comment and has amended §3.1506 to ensure
that the applicant must meet all eligibility requirements before TANF benefits
begin.
DHS also initiated a minor editorial change to the text of §3.1402
to provide the accurate name for the Simplified Nutritional Assistance Program.
Subchapter A. OVERVIEW AND PURPOSE
40 TAC §§3.1 - 3.6
The new sections are adopted under the Human Resources Code,
Chapters 31, 33, and 34, which authorizes DHS to administer financial and
nutritional assistance programs and to administer a state temporary assistance
and support services program.
The new sections implement the Human Resources Code, §§31.001-31.081,
33.001- 33.027, and 34.001-34.007.
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 February 26, 2004.
TRD-200401467
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
1.
TANF CERTIFIED GROUPS
40 TAC §§3.101 - 3.107
The new sections are adopted under the Human Resources Code,
Chapter 31, which authorizes DHS to administer financial assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081.
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 February 26, 2004.
TRD-200401468
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.151 - 3.153
The new sections are adopted under the Human Resources Code,
Chapter 33, which authorizes DHS to administer nutritional assistance programs.
The new sections implement the Human Resources Code, §§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 February 26, 2004.
TRD-200401469
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.201 - 3.205
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401470
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.251, §3.252
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401471
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.301
The new section is adopted under the Human Resources Code,
Chapter 31, which authorizes DHS to administer financial assistance programs.
The new section implements the Human Resources Code, §§31.001-31.081.
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 February 26, 2004.
TRD-200401472
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.351 - 3.354, 3.358
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401473
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.401, 3.402, 3.405 - 3.410
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
and §§33.001-33.027.
§3.407.May members of a TANF or food stamp household fail to pursue or accept income without affecting their eligibility for assistance?
(a)
In the Food Stamp Program, there is no requirement for
members of a household to pursue or accept income, except those recipients
who are not exempt from work requirements must accept a suitable job as noted
in §3.1351 of this chapter (relating to What are the food stamp work
requirements?).
(b)
In the TANF Program, a person described in §3.403
of this chapter (relating to Whose income does DHS count in the TANF Program?),
absent good cause, is required to pursue and accept all income to which the
person is legally entitled. DHS may determine that a certified group is ineligible
for TANF benefits due to a household member's failure to comply with this
requirement.
(c)
DHS may grant good cause for failure to comply with subsection
(b) of this section if:
(1)
the potential income is Supplemental Security Income (SSI),
the person is physically or mentally unable to apply for the SSI, and DHS
fails to assist the person with the SSI application process; or
(2)
if DHS determines that pursuing or accepting the income:
(A)
would cause financial hardship to the household;
(B)
would not be cost-effective;
(C)
would endanger the health or safety of a household member;
or
(D)
would require the assistance of an attorney, which the
person was unable to obtain after making a reasonable effort.
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 February 26, 2004.
TRD-200401474
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.451 - 3.459
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
and §§33.001-33.027.
§3.457.How may a TANF household remain eligible after reaching the 60-month lifetime limit?
(a)
A TANF household that is subject to ineligibility due to
the 60-month lifetime limit is eligible for extended TANF cash assistance
if:
(1)
DHS records indicate that each adult member of the certified
group cooperated with any applicable Choices or child support requirements
for at least 48 months of the 60-month period; and
(2)
DHS determines that any adult in the household meets one
or more of the following hardship criteria:
(A)
the adult has a mental or physical disability that is expected
to last more than 180 days and the adult has applied for or agrees to apply
for Supplemental Security Income (SSI) benefits;
(B)
the adult is responsible for caring for a family member
who is receiving community care services from DHS or who has a mental or physical
disability that is expected to last more than 180 days, and who has applied
for or agrees to apply for SSI benefits;
(C)
the adult is a victim of domestic violence;
(D)
the adult currently resides in a county that does not offer
full Choices services;
(E)
the adult resided in a county without full Choices services
during the entire last 12 months of the 60-month period; or
(F)
the adult:
(i)
was unable to obtain or maintain employment, other than
migrant or seasonal work, during the last 12 months of the 60-month period,
earning at least enough to have exceeded the TANF income limit if the earnings
were calculated without taking the earned income deduction that is explained
in §3.409 of this chapter (relating to What does DHS deduct from countable
income in the TANF and Food Stamp programs?);
(ii)
was not found by DHS, more than once during the 60-month
period, to have failed to cooperate with the TANF work requirement; and
(iii)
did not voluntarily quit a job during the last 12 months
of the 60-month period.
(b)
Eligibility for extended TANF cash assistance under subsection
(a)(2)(D)-(F) of this section is limited to a total of 24 months.
(c)
A household receiving extended TANF benefits permanently
loses eligibility for the extended TANF benefits if DHS determines that an
adult member of the certified group failed without good cause to comply with
the TANF Choices or child support requirements.
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 February 26, 2004.
TRD-200401475
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.501
The new section is adopted under the Human Resources Code,
Chapter 31, which authorizes DHS to administer financial programs.
The new section implements the Human Resources Code, §§31.001-31.081.
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 February 26, 2004.
TRD-200401476
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
1.
FOOD STAMPS IN DISASTER SITUATIONS
40 TAC §3.601
The new section is adopted under the Human Resources Code,
Chapter 33, which authorizes DHS to administer nutritional assistance programs.
The new section implements the Human Resources Code, §§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 February 26, 2004.
TRD-200401477
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.651 - 3.656
The new sections are adopted under the Human Resources Code,
Chapter 33, which authorizes DHS to administer nutritional assistance programs.
The new sections implement the Human Resources Code, §§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 February 26, 2004.
TRD-200401478
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.701, §3.702
The new sections are adopted under the Human Resources Code,
Chapter 31, which authorizes DHS to administer financial assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081.
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 February 26, 2004.
TRD-200401479
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.751 - 3.754
The new sections are adopted under the Human Resources Code,
Chapter 34, which authorizes DHS to administer a state temporary assistance
and support services program.
The new sections implement the Human Resources Code, §§34.001-34.007.
§3.751.What is the TANF State Program?
The TANF State Program (TANF-SP) is a state-created and state-funded
program that is the same as the TANF Program except it is limited to two-parent
households. DHS determines who participates in TANF-SP.
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 February 26, 2004.
TRD-200401480
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.801, §3.802
The new sections are adopted under the Human Resources Code,
Chapter 31, which authorizes DHS to administer financial assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081.
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 February 26, 2004.
TRD-200401481
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
1.
APPLICATION
40 TAC §§3.901 - 3.906
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
and §§33.001-33.027.
§3.904.What is the time frame for processing TANF or food stamp applications?
(a)
In the case of TANF applications, DHS certifies or denies
the application by the 45th day after the application file date explained
in §3.903 of this chapter (relating to What is the application file date?),
unless the household is subject to a one-month period of demonstrating cooperation
as explained in §3.1155(d) of this chapter (relating to What happens
when a person fails or refuses to cooperate with a requirement of a PRA that
the person has signed?), in which case the application processing period is
extended by the time period for demonstrating cooperation.
(b)
In the case of food stamp applications, DHS certifies or
denies the application as soon as possible but not later than 30 days after
the application file date explained in §3.903 of this chapter. If the
30th day is not a workday, then the processing period ends on the last previous
workday.
(c)
The first day of the application processing period is the
day after the application file date, except in food stamp cases the first
day of the processing period of an institutional resident who is also applying
for SSI is the day the applicant is released from the institution if that
is after the DHS office receives the application.
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 February 26, 2004.
TRD-200401482
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.951 - 3.958
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401483
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1001 - 3.1003
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401484
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
1.
SOCIAL SECURITY NUMBERS
40 TAC §3.1101
The new section is adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new section implements the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401485
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1151 - 3.1156
The new sections are adopted under the Human Resources Code,
Chapter 31, which authorizes DHS to administer financial assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081.
§3.1154.How does a person cooperate with each PRA requirement?
(a)
Child support. A person who is not exempt cooperates with
this requirement by:
(1)
assigning the right to receive support payments to the
state of Texas;
(2)
providing information to DHS for a referral to the Office
of the Attorney General (OAG) to, if necessary, establish paternity of the
dependent child, and to establish or enforce child and medical support; and
(3)
cooperating with Title IV-D program rules as specified
in 1 TAC §55.4; or
(4)
if the person claims to be exempt from the child support
requirement, the person demonstrates cooperation by providing DHS any requested
information to demonstrate the exemption. A person is exempt from the child
support requirement if the OAG or DHS determines that:
(A)
the person is a participant in the TANF State Program;
(B)
the child was conceived as a result of incest or rape;
(C)
adoption proceedings for the child are pending;
(D)
the parent of the child, for three months or less, has
been working with an agency to decide whether to place the child for adoption;
(E)
the child may be physically or emotionally harmed by cooperation;
(F)
the parent may be physically harmed, or emotionally harmed
to the extent of impairing the parent's ability to care for the child, by
cooperation; or
(G)
the requirement is waived under 45 CFR §260.52(c)
in accordance with the requirements of the Texas Human Resources Code, §31.0322.
(b)
Children's health checkups. A person cooperates with this
requirement by:
(1)
enrolling the child in the Texas Health Steps Program administered
by the Texas Department of Health (TDH);
(2)
ensuring that the child participates in the Texas Health
Steps Program; and
(3)
providing TDH any requested verification of cooperation
(DHS communicates with TDH, or the Medicaid insurance carrier that TDH contracts
with, to verify cooperation with this requirement).
(c)
Children's immunizations. A person cooperates with this
requirement in regard to a child who is not exempt by:
(1)
ensuring that the child receives all appropriate immunization
shots on schedule (or in accordance with any alternate immunization schedule
prescribed for the child); and
(2)
submitting verification to DHS. The verification may be
either immunization records of a licensed medical professional or records
showing that the child is attending a public school; or
(3)
if the child is claimed to be exempt from immunizations
under the Texas Health and Safety Code, §161.004, by verifying the exemption
to DHS through, for example, information such as the following:
(A)
medical records indicating or a statement from a licensed
physician stating that immunization is not in the child's best medical interests;
or
(B)
a statement by the caretaker or parent that the requirement
violates his or her religious beliefs or conscience.
(d)
Children's school attendance. A person cooperates with
this requirement by:
(1)
ensuring regular school attendance by each person in the
household who is subject to the requirement; and
(2)
submitting verification to DHS on request (DHS generally
accepts a written or oral statement from the school); or
(3)
if the person is claimed to be exempt from required school
attendance under the Texas Education Code, §25.086, by demonstrating
the exemption to DHS through providing DHS any requested information that
would verify the exemption.
(e)
No drug or alcohol abuse. DHS verifies cooperation with
this requirement by obtaining criminal history information on the person from
the Texas Department of Public Safety or another law enforcement agency. DHS
considers a person to be cooperating with this requirement if the person is
neither convicted of nor receives deferred adjudication for:
(1)
a crime involving alcohol abuse; or
(2)
an offense under the Texas Health and Safety Code, Chapter
481, involving marijuana or another controlled substance.
(f)
Retaining employment. A person cooperates with this requirement
by not voluntarily quitting a job of 30 or more hours per week without good
cause to do so. DHS determines cooperation with this requirement. When DHS
learns that the person no longer has the job, DHS investigates and decides
whether the work separation was a voluntary quit, and if so, whether there
was good cause to quit under §3.1156 of this chapter (relating to What
are good cause reasons for noncooperation with a PRA requirement?).
(1)
Voluntarily quitting a job means any separation from employment
that DHS determines was initiated by the person, regardless of whether the
employer or the person claims that the person resigned or was fired. For example,
DHS may decide that the work separation was not a voluntary quit if a person
resigned, but it was at the employer's demand. Similarly, DHS may decide that
the work separation was a voluntary quit when a person is fired for reasons
such as leaving a job unannounced.
(2)
DHS does not consider either of the following to be a separation
from employment:
(A)
a reduction in work hours below 30 per week (if the person
is continuing to work for the same employer); or
(B)
the ending of a self-employment enterprise.
(g)
Activities toward becoming self-sufficient. A person who
is not exempt cooperates with this requirement by enrolling and participating
in the Choices work program that is administered by the Texas Workforce Commission
(TWC). TWC determines cooperation with the Choices work program and informs
DHS of noncooperation. A person who claims to be exempt from this requirement
cooperates by demonstrating the exemption to DHS or TWC. A person is exempt
from this requirement (but may choose to voluntarily participate) if the person:
(1)
chooses the One-Time TANF benefit instead of regular TANF
benefits, as explained in §3.802 of this chapter (relating to What are
the requirements for One-Time TANF (OTTANF)?). A person who chooses the OTTANF
benefit instead of regular TANF does not have a work requirement because the
person is not eligible for regular TANF for 12 months;
(2)
lives in a county that does not offer Choices work program
services;
(3)
is a caretaker relative of a disabled person who lives
in the home and requires the caretaker relative's presence, or is a single
person caring for a child less than one year old;
(4)
is a single grandparent age 50 or over who is caring for
a child under age three;
(5)
is disabled and the disability is expected to last for
more than 180 days;
(6)
is pregnant and unable to work as a result of the pregnancy;
or
(7)
is age 60 or older.
(h)
Parenting skills training. A person cooperates with this
requirement by:
(1)
ensuring that each minor parent in the certified group
and each parent in the certified group with a child in the home under five
years of age attends parenting skills training classes; and
(2)
submitting verification to DHS. DHS generally accepts as
proof of cooperation a written or oral statement from the provider of the
training.
§3.1156.What are good cause reasons for noncooperation with a PRA requirement?
(a)
Retaining employment. Good cause for quitting a job of
30 or more hours per week means being forced to quit due to circumstances
beyond the control of the person. DHS does not consider good cause for quitting
to include resigning a job in order to accept another job that:
(1)
does not materialize;
(2)
results in employment of less than 30 hours a week; or
(3)
results in employment with weekly earnings of less than
federal minimum hourly wage multiplied by 30.
(b)
Children's health checkups. DHS grants good cause for noncooperation
with the Texas Health Steps program if:
(1)
a licensed physician documents that the participation would
risk the child's health;
(2)
the child's caretaker or parent represents to DHS staff
that participation would violate his or her religious beliefs; or
(3)
the Texas Health Steps worker confirms that transportation
was unavailable, medical providers were unavailable, or the health screening
was not needed (because, for example, the child is on a modified immunization
schedule).
(c)
Parenting skills training. DHS grants good cause for failure
to comply with parenting skills training if:
(1)
DHS verifies that there are no classes in the area;
(2)
the person provides a statement from the provider that
classes were full;
(3)
the person submits a doctor's statement or medical records
verifying that the person was ill; or
(4)
the person failed to attend due to circumstances beyond
the person's control, as determined by DHS, and the person submits verification
satisfactory to DHS.
(d)
Activities toward becoming self-sufficient. The Texas Workforce
Commission determines whether a person has good cause for failing to cooperate
with the Choices program.
(e)
Child support. DHS grants good cause for noncooperation
with child support requirements only if the person demonstrates:
(1)
that the person was exempt under §3.1154(a)(4) of
this chapter (relating to How does a person cooperate with each PRA requirement?)
at the time of the noncooperation; or
(2)
that the noncooperation resulted from other circumstances
the person could not control (reasons that do not conflict with Title IV-D
program rules).
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 February 26, 2004.
TRD-200401486
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1201 - 3.1204
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401487
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1251 - 3.1253
The new sections are adopted under the Human Resources Code,
Chapter 31, which authorizes DHS to administer financial assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081.
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 February 26, 2004.
TRD-200401488
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1301 - 3.1304
The new sections are adopted under the Human Resources Code,
Chapters 31 and 32, which authorizes DHS to administer financial and medical
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
and §§32.001-32.053.
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 February 26, 2004.
TRD-200401489
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1351 - 3.1353
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
and §§33.001-33.027.
§3.1351.What are the food stamp work requirements?
In the Food Stamp Program, DHS follows 7 CFR §273.7 and requires
non-exempt household members to:
(1)
register for work;
(2)
not voluntarily quit a job or reduce work hours to less
than 30 per week, without good cause to do so;
(3)
participate in a Food Stamp Employment and Training Program;
(4)
participate in a workfare program;
(5)
report to an employer; and
(6)
accept a bona fide offer of suitable employment.
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 February 26, 2004.
TRD-200401490
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1401 - 3.1404
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
and §§33.001-33.027.
§3.1402.What changes must a food stamp household report?
(a)
DHS requires food stamp households to report changes as
explained in 7 CFR §273.12(a)(1).
(b)
If DHS designates the household as a streamlined reporting
household, then the household is only required to report a change that causes
the household monthly income to exceed 130% of the Federal Poverty Guidelines
(according to household size).
(c)
This section does not apply to a participant in the Simplified
Nutritional Assistance Program (SNAP), as explained in §3.655 of this
chapter (relating to Does DHS require SNAP recipients to report changes?).
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 February 26, 2004.
TRD-200401491
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
1.
BENEFITS IN GENERAL
40 TAC §§3.1501 - 3.1529
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
and §§33.001-33.027.
§3.1506.When do TANF and food stamp benefits begin?
(a)
In the TANF Program, for an applicant who meets all eligibility
requirements, benefits begin:
(1)
on the date DHS certifies the application; or
(2)
on the 30th day after the application file date explained
in §3.903 of this chapter (relating to What is the application file date?),
if DHS first determines eligibility more than 30 days after the application
file date.
(b)
In the Food Stamp Program, DHS:
(1)
provides benefits by calendar month; and
(2)
follows 7 CFR §273.10(a)(1) (which provides that benefits
begin in the month of application but may be prorated for that month depending
on the date of application).
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 February 26, 2004.
TRD-200401492
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1551 - 3.1554
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401493
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1601 - 3.1603
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401494
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1701 - 3.1720
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401495
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
Subchapter A. PROGRAM PURPOSE
40 TAC §§3.101 - 3.103
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401496
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.201, §3.202
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401497
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.301 - 3.307
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401498
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.401 - 3.404
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401499
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.501
The repeal is adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeal implements the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401500
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.601 - 3.607
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401508
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.701 - 3.706
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401509
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.801 - 3.810
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401510
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.901 - 3.903
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401511
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1002 - 3.1004
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401512
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1101 - 3.1105
The repeals are adopted under the Human Resources Code, Chapter
31, which authorizes DHS to administer financial assistance programs.
The repeals implement the Human Resources Code, §§31.001-31.081.
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 February 26, 2004.
TRD-200401513
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.1201 - 3.1204
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401514
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.1301
The repeal is adopted under the Human Resources Code, Chapter
33, which authorizes DHS to administer nutritional assistance programs.
The repeal implements the Human Resources Code, §§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 February 26, 2004.
TRD-200401515
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.1401
The repeal is adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeal implements the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401516
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.1501
The repeal is adopted under the Human Resources Code, Chapter
31, which authorizes DHS to administer financial assistance programs.
The repeal implements the Human Resources Code, §§31.001-31.081.
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 February 26, 2004.
TRD-200401517
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.1601
The repeal is adopted under the Human Resources Code, Chapter
31, which authorizes DHS to administer financial assistance programs.
The repeal implements the Human Resources Code, §§31.001-31.081.
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 February 26, 2004.
TRD-200401518
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.1801
The repeal is adopted under the Human Resources Code, Chapter
31, which authorizes DHS to administer financial assistance programs.
The repeal implements the Human Resources Code, §§31.001-31.081.
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 February 26, 2004.
TRD-200401519
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.1901
The repeal is adopted under the Human Resources Code, Chapter
31, which authorizes DHS to administer financial assistance programs.
The repeal implements the Human Resources Code, §§31.001 - 31.081.
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 February 26, 2004.
TRD-200401520
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.2001, §3.2002
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401521
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.2101
The repeal is adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeal implements the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401522
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.2208, §3.2209
The repeals are adopted under the Human Resources Code, Chapters
31, 32, and 33, which authorizes DHS to administer financial, medical, and
nutritional assistance programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081,
32.001 - 32.053, 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 February 26, 2004.
TRD-200401523
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.2301, §3.2302
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401501
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.2401 - 3.2408
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401502
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.2501 - 3.2504
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401503
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.2701 - 3.2714
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401504
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.2801 - 3.2803
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401505
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.2901
The repeal is adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeal implements the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401506
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.3001, §3.3002
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401507
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.3101
The repeal is adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeal implements the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401525
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.3201, §3.3202
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401526
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.3301
The repeal is adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeal implements the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401527
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.3401, §3.3402
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401528
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.3501, §3.3502
The repeals are adopted under the Human Resources Code, Chapter
33, which authorizes DHS to administer nutritional assistance programs.
The repeals implement the Human Resources Code, §§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 February 26, 2004.
TRD-200401529
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.3601
The repeal is adopted under the Human Resources Code, Chapter
33, which authorizes DHS to administer nutritional assistance programs.
The repeal implements the Human Resources Code, §§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 February 26, 2004.
TRD-200401530
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.3701 - 3.3703
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401531
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.3801
The repeal is adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeal implements the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401532
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.3901 - 3.3905, 3.3907
The repeals are adopted under the Human Resources Code, Chapter
31, which authorizes DHS to administer financial assistance programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081.
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 February 26, 2004.
TRD-200401533
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.7001 - 3.7004
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401534
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.7101 - 3.7105
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401535
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.7201 - 3.7206
The repeals are adopted under the Human Resources Code, Chapter
31, which authorizes DHS to administer financial assistance programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081.
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 February 26, 2004.
TRD-200401536
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.7301 - 3.7303
The repeals are adopted under the Human Resources Code, Chapter
31, which authorizes DHS to administer financial assistance programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081.
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 February 26, 2004.
TRD-200401537
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.7401 - 3.7419
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401538
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.7501
The repeal is adopted under the Human Resources Code, Chapter
31, which authorizes DHS to administer financial assistance programs.
The repeal implements the Human Resources Code, §§31.001 - 31.081.
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 February 26, 2004.
TRD-200401539
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.7601 - 3.7605, 3.7607, 3.7609
The repeals are adopted under the Human Resources Code, Chapters
31 and 34, which authorizes DHS to administer financial assistance programs
and a state temporary assistance and support services program.
The repeals implement the Human Resources Code, §§31.001 - 31.081
and §§34.001 - 34.007.
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 February 26, 2004.
TRD-200401540
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.7701, §3.7702
The repeals are adopted under the Human Resources Code, Chapters
31, which authorizes DHS to administer financial assistance programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081.
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 February 26, 2004.
TRD-200401541
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.7801 - 3.7809
The repeals are adopted under the Human Resources Code, Chapter
33, which authorizes DHS to administer nutritional assistance programs.
The repeals implement the Human Resources Code, §§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 February 26, 2004.
TRD-200401542
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §§3.7901 - 3.7920
The repeals are adopted under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The repeals implement the Human Resources Code, §§31.001 - 31.081
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 February 26, 2004.
TRD-200401543
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
Subchapter B. ELIGIBILITY
The Texas Department of Human Services (DHS) adopts new §§3.355-3.357,
3.403, and 3.404 in its Texas Works chapter. DHS adopts new §3.355 with
changes to the proposed text published in the November 7, 2003, issue of the
The new rules are part of a larger reorganization and rewrite of DHS's
Chapter 3, Texas Works, adopted elsewhere in this issue of the
Texas Register
. DHS undertook the rewrite to make its rules regarding
the Temporary Assistance for Needy Families (TANF) and Food Stamp programs
easier for the public to navigate and understand. Justification for new §3.356(22)
and §3.404(25) is to implement Human Resources Code, §31.0038, which
calls for the temporary exclusion of a new spouse's income in determining
eligibility for TANF, as approved by the 78th Texas Legislature in House Bill
2292, Section 2.89.
DHS received no comments regarding adoption of the new sections. However,
DHS made a minor editorial change in §3.355(a) to correct the punctuation
in a section title and thus improve the accuracy of the section.
6.
RESOURCES
40 TAC §§3.355 - 3.357
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
and §§33.001-33.027.
§3.355.Whose resources does DHS count in determining TANF and Food Stamp program eligibility?
(a)
In determining TANF eligibility, unless the resource is
excluded under §3.356 of this chapter (relating to What resources does
DHS count in the TANF Program?), DHS counts the resources of:
(1)
the members of the certified group;
(2)
each parent of a child in the certified group who lives
in the household and is ineligible or disqualified from receiving TANF benefits;
(3)
each sibling of a dependent child in the certified group
who lives in the household and is disqualified from receiving TANF benefits;
and
(4)
in the case of a household containing a sponsored alien,
the resources of the sponsor (and the sponsor's spouse).
(b)
DHS follows 7 CFR §273.8 in determining whose resources
are counted in the Food Stamp Program.
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 February 26, 2004.
TRD-200401544
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
40 TAC §3.403, §3.404
The new sections are adopted under the Human Resources Code,
Chapters 31 and 33, which authorizes DHS to administer financial and nutritional
assistance programs.
The new sections implement the Human Resources Code, §§31.001-31.081
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 February 26, 2004.
TRD-200401545
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 17, 2004
Proposal publication date: November 7, 2003
For further information, please call: (512) 438-3734
The Texas Department of Human Services (DHS) adopts new §§44.1-44.4,
44.11, 44.21, 44.31-44.33, 44.41-44.43, 44.51, 44.52, 44.61-44.65, 44.71,
44.72, 44.81-44.83, 44.91- 44.94, 44.101-44.107, §44.111, and §44.112.
New §§44.2, 44.32, 44.33, 44.41, 44.71, 44.102, and 44.106 are
adopted with changes to the proposed text published in the October 31, 2003,
issue of the
Texas Register
(28 TexReg 9462).
New §§44.1, 44.3, 44.4, 44.11, 44.21, 44.31, 44.42, 44.43, 44.51,
44.52, 44.61-44.65, 44.72, 44.81-44.83, 44.91-44.94, 44.101, 44.103-44.105,
44.107, 44.111, and 44.112 are adopted without changes to the proposed text.
Justification for the new sections is to rewrite the rules concerning Client
Managed Personal Attendant Services (CMPAS) in a plain English question-and-answer
format and place them in their own chapter. The new sections were undertaken
as part of a DHS project to rewrite agency rules in plain English to make
them easier for contractors and the public to use and understand and to incorporate
existing policy into the DHS rule base. The adopted repeals of CMPAS rules
in Chapter 48, Subchapter E, are found elsewhere in this issue of the
DHS received written comments from Advocacy, Incorporated, and ADAPT. A
summary of the comments and DHS's responses follow.
Comment: Both commenters requested that DHS be fully clear in its CMPAS
rules regarding allowable performance of tasks by an unlicensed attendant
and take into account the tasks not requiring delegation per the Board of
Nurse Examiners Nursing Practice Act rules.
Response: DHS agrees with this comment. To ensure consistency with the
Nursing Practice Act, DHS has amended the following: §§44.2(13),
44.2(15), 44.33(b), 44.71(a), 44.71(a)(1)(D), 44.71(a)(1)(H), 44.71(a)(1)(I),
and 44.71(a)(4).
Comment: One commenter objected to provisions of the service termination
rule, §44.104, which now are consistent with Community Based Alternatives
(CBA) and Community Living Assistance and Support Services (CLASS), and requested
that DHS delete those parts of the proposed rule.
Response: DHS believes the service termination criteria for CMPAS should
be consistent with CBA and CLASS. There is no programmatic reason for different
criteria. DHS declined to change the rule in response to this comment.
Comment: One commenter requested that DHS investigate the requirement in §44.21
that an attendant be 18 years of age. DHS also has proposed rules in its Licensing
Standards for Home and Community Support Services Agencies (HCSSA) chapter
that allow an attendant to be younger than 18 in certain cases. The commenter
recommended going with the younger age in CMPAS, within the guidelines proposed
in the HCSSA licensure rule.
Response: DHS has determined that having a more stringent guideline for
long term care programs is advisable and did not change the rule in response
to this comment.
Comment: One commenter asked that DHS ensure that any references to the
service plan in the CMPAS rules clearly state that the client and assessor
of need should agree to the service plan, as indicated in the definitions
section. This is not consistently clear in other sections in the proposed
rules.
Response: DHS agrees with this comment and has added language to §44.33(a)(4)(A)(ii)
to clarify agreement on the service plan.
Comment: One commenter asked that "recruiting" be included in the provider
agency requirements in §44.41(2) for training clients to perform their
responsibilities.
Response: DHS agrees with this comment and has added "recruiting" to §44.41(2).
Comment: One commenter requested that DHS delete any language in the proposed
rules that would allow a provider to not serve an individual on the basis
that the provider could not find an attendant, even though a "good faith"
effort was made. The "good faith" language leaves wide open the opportunity
for providers not to serve individuals with significant support needs or who
live in rural areas, which discriminates against those individuals.
Response: DHS agrees with this comment and amended §44.32(f) and §44.102
to delete "good faith" and to ensure that clients are not discharged due to
significant support needs.
Comment: One commenter thanked DHS for including an interdisciplinary team
(IDT) process to help solve difficult support needs and differences of opinion
between a client and agency. The commenter requested that DHS add language
to §44.106 that would allow an IDT to explore an alternate payment model
for an individual in the CMPAS Program as opposed to seeking suspension or
termination of services.
Response: DHS agrees with this comment and amended §44.106 to add
discussion of an alternate payment model.
DHS also has initiated a minor editorial change to the text of §44.33
to improve the accuracy of the section.
Subchapter A. GENERAL INFORMATION
40 TAC §§44.1 - 44.4
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
§44.2.What do certain words and terms in this chapter mean?
The following words and terms have the following meanings when used
in this chapter, unless the context clearly indicates otherwise.
(1)
§1915(c) Medicaid waiver--Section of the Social Security
Act that allows states to waive various Medicaid requirements. This section
establishes alternative, community-based services for individuals who qualify
to receive services in an institution.
(2)
Agency model--One of three Client Managed Personal Attendant
Services (CMPAS) Program payment models a client may choose. When a client
chooses the agency model, the provider agency is the employer of record of
the attendant and substitute attendant. The other two CMPAS Program payment
models are the block grant model and the consumer directed services model.
(3)
Applicant--A person who requests services under the CMPAS
Program.
(4)
Assessor of need--The provider agency employee responsible
for determining an applicant's or client's need for client managed personal
attendant services.
(5)
Attendant--An employee who provides direct care to clients.
(6)
Block grant model--One of three CMPAS Program payment models
a client may choose. When a client chooses the block grant model, the client
is the attendant's employer of record and the provider agency is the employer
of record for the substitute attendant. The other two CMPAS Program payment
models are the agency model and the consumer directed services model.
(7)
Client--A person who is eligible to receive services under
this chapter.
(8)
Client Managed Personal Attendant Services (CMPAS) Program--The
Texas Department of Human Services (DHS) program for personal attendant services
in which clients manage their attendant services to varying degrees.
(9)
Consumer directed services (CDS) model--One of three CMPAS
Program payment models a client may choose. When a client chooses the CDS
model, the client is the employer of record of the attendant and the substitute
attendant. The other two CMPAS Program payment models are the agency model
and the block grant model.
(10)
Contract--The formal written agreement between DHS and
a provider agency to provide services to DHS clients eligible under this chapter
in exchange for reimbursement.
(11)
Contract manager--A DHS employee who is responsible for
the overall management of the contract with the provider agency.
(12)
Days--Any reference to days means calendar days, unless
otherwise specified in the text. Calendar days include weekends and holidays.
(13)
Delegated health-related task--A service task the attendant
may perform for the client only under a physician's or registered nurse's
delegation. Such tasks:
(A)
require a physician's order;
(B)
must be delegated by a physician in accordance with the
Texas Medical Practice Act or by a registered nurse in accordance with the
Texas Nursing Practice Act;
(C)
must be delegated specifically to the client and identify
the attendant and task; and
(D)
must be supervised by the delegating authority.
(14)
DHS--The Texas Department of Human Services.
(15)
Health-related task--A service task, such as those defined
as health maintenance activities in 22 TAC, Chapter 225 (relating to RN Delegation
to Unlicensed Personnel and Tasks Not Requiring Delegation in Independent
Living Environments for Clients with Stable and Predictable Conditions), that
involves a higher skill level than activities of daily living as defined in
22 TAC, Chapter 225, and may require a delegation order from a physician or
registered nurse before an attendant may perform the task for a client.
(16)
Interdisciplinary team (IDT)--A designated group of individuals
that meets to discuss service delivery issues. An IDT includes:
(A)
the client or the client's representative, or both;
(B)
a provider agency representative;
(C)
the regional nurse or contract manager or both; and
(D)
other persons as necessary.
(17)
Practitioner--A physician currently licensed in Texas,
Louisiana, Arkansas, Oklahoma, or New Mexico; a physician assistant currently
licensed in Texas; or a registered nurse approved by the Texas State Board
of Nurse Examiners to practice as an advanced practice nurse.
(18)
Practitioner's statement--A document such as the DHS Practitioner's
Statement of Medical Need form that includes:
(A)
a statement signed by a practitioner that the client has
a current medical need for assistance with personal care tasks and other activities
of daily living;
(B)
certification that the provider agency verified with the
U.S. Centers for Medicare and Medicaid Services that the practitioner is not
excluded from participation in Medicare or Medicaid; and
(C)
a statement that the disability is permanent or is expected
to last at least six months.
(19)
Provider agency--A home and community support services
agency that contracts with DHS to provide services under the CMPAS Program.
(20)
Representative--The client's spouse, other responsible
party, or legal representative.
(21)
Service plan--A document that lists the service tasks
and states the units of services agreed to between the client and assessor
of need.
(22)
Service schedule--A schedule for delivering attendant
services that is agreed upon and signed by the client or the client's representative.
(23)
Service slot--An available position for an applicant to
receive services under the CMPAS Program. The number of service slots is based
on the amount of funds appropriated by the Texas Legislature for the CMPAS
Program.
(24)
Substitute attendant--The person who, on a temporary basis
and in place of the attendant, provides services to the client.
(25)
Unit of service--One hour of service delivered to a client
under the CMPAS Program.
(26)
Working days--Days DHS is open for business.
(27)
Written--Information recorded on paper or other legible
document. Written information may be sent by mail or fax, or hand delivered.
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 February 25, 2004.
TRD-200401442
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
1.
PROVIDER AGENCY RESPONSIBILITIES
40 TAC §44.11
The new section is adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new section implements the Human Resources Code, §§22.0001-22.040.
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 February 25, 2004.
TRD-200401443
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
40 TAC §44.21
The new section is adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new section implements the Human Resources Code, §§22.0001-22.040.
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 February 25, 2004.
TRD-200401444
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
40 TAC §§44.31 - 44.33
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
§44.32.How does a person express interest in and be referred for services under the CMPAS Program?
(a)
A person who is interested in receiving services under
the CMPAS Program may:
(1)
directly contact a provider agency; or
(2)
contact the DHS regional office.
(b)
When a person directly contacts a provider agency, the
provider agency, by the next working day, must forward to the DHS regional
office the person's:
(1)
name;
(2)
address;
(3)
birth date;
(4)
phone number(s) (if available);
(5)
social security number (if available);
(6)
current living arrangements;
(7)
DHS client number (if applicable);
(8)
status regarding receipt of Supplemental Security Income
(SSI); and
(9)
date and time of referral.
(c)
The DHS regional office determines whether any service
slots are available for a person who is interested in receiving services under
the CMPAS Program. If a service slot is available for an interested person,
DHS refers the person to a provider agency to apply for services. When no
service slots are available for the person, DHS staff place the person on
an interest list by entering information about the person in the DHS Community
Services Interest List (CSIL) system.
(d)
When service slots become available on an interest list,
DHS staff:
(1)
release names from the interest list on a first-come, first-served
basis;
(2)
refer the next person on the interest list to a provider
agency to apply for services under the CMPAS Program; and
(3)
inform the provider agency of any other DHS program services
the person is receiving, the cost of those services, and the approved service
period for those services.
(e)
When more than one provider agency is in the region, DHS
gives applicants for whom a service slot is available information about each
provider agency. The applicant may contact the provider agencies for additional
information, and the applicant chooses the provider agency that best meets
his or her needs.
(f)
The provider agency must provide CMPAS Program services
to all clients DHS refers to the provider agency unless the assessor of need
determines:
(1)
the provider agency and other sources of support are unable
to meet the client's needs without risking the client's health and safety;
(2)
the environment in the client's home is a serious threat
to the health and safety of the attendant;
(3)
the client, or someone in the client's home, seriously
threatens the health and safety of the attendant; or
(4)
the provider agency's contract does not require the provider
agency to provide services under the payment model chosen by the client.
(g)
When a client chooses a payment model not in the provider
agency's contract, the provider agency must refer the client to a provider
agency that offers the client's payment model of choice.
(h)
The provider agency must conduct an interdisciplinary team
(IDT) meeting in accordance with the requirements of §44.105 of this
chapter (relating to Why does an interdisciplinary team (IDT) meet?) whenever
it determines it cannot provide CMPAS Program services to a client for any
of the reasons described in subsection (f)(1)-(3) of this section.
§44.33.How does the provider agency determine an applicant's eligibility, co-payment, and service needs?
(a)
The assessor of need must conduct an initial on-site assessment
of an applicant by the 14th day after the referral date from the DHS regional
office and must:
(1)
determine CMPAS Program eligibility. The applicant must
meet all criteria in §44.31 of this division (relating to When is an
applicant considered eligible to receive services under the CMPAS Program?);
(2)
enable the applicant to make an informed choice of whether
to participate in the CMPAS Program by discussing with the applicant all applicable
publicly funded programs that offer attendant services. The provider agency
may contact the DHS regional office for information about public programs
that offer attendant services;
(3)
assess the applicant's service needs by using the DHS Client
Needs Assessment Questionnaire and Task/Hour Guide form;
(4)
for each eligible applicant:
(A)
develop a service plan based on the results of the assessment
questionnaire that:
(i)
includes the number of hours and tasks negotiated between
the applicant and the assessor of need; and
(ii)
is signed and agreed to by the applicant and assessor
of need; and
(B)
determine the applicant's co-payment under §44.61
of this chapter (relating to How is a client's co-payment determined and what
are the procedures for collecting the co-payment?) and explain to the applicant
the importance of making the co-payments as a condition of retaining eligibility;
and
(5)
explain to the applicant the three payment models described
in §44.4 of this chapter (relating to What are the three CMPAS Program
payment models and how do they differ?) and have the applicant choose a payment
model.
(b)
If the client service plan includes health-related tasks,
the provider agency:
(1)
verifies that the tasks do not require delegation or are
properly delegated before an attendant performs any such tasks for the client
under:
(A)
22 TAC, Chapter 225 (relating to RN Delegation to Unlicensed
Personnel and Tasks Not Requiring Delegation in Independent Living Environments
for Clients with Stable and Predictable Conditions); or
(B)
Government Code §531.051; and
(2)
maintains in the agency's client file records that:
(A)
identify and are signed and dated by the delegating physician
or registered nurse;
(B)
include the name of the client, the names of the attendants
delegated to perform the health-related tasks for the client, and a description
of the specific health-related tasks to be performed; and
(C)
are in accordance with the Texas Medical Practices Act,
the Texas Nursing Practice Act, and any other applicable state or federal
law.
(c)
The provider agency notifies each applicant who is not
eligible for services in writing using the DHS Notification of Community Care
Services form within three days of the date of the decision. This form notifies
the applicant of the applicant's right to appeal and explains how to file
the appeal.
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 February 25, 2004.
TRD-200401445
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
40 TAC §§44.41 - 44.43
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
§44.41.What training must the provider agency perform before beginning client managed personal attendant services to a client under the CMPAS Program?
Before beginning services for a client under the CMPAS Program, the
provider agency must train the client in:
(1)
client rights and responsibilities under DHS's Community
Care for the Aged and Disabled programs;
(2)
skills for recruiting, selecting, instructing, and supervising
attendants;
(3)
procedures for preparing attendant time sheets; and
(4)
procedures for the CMPAS Program payment model he or she
chooses.
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 February 25, 2004.
TRD-200401446
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
40 TAC §44.51, §44.52
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 February 25, 2004.
TRD-200401447
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
40 TAC §§44.61 - 44.65
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 February 25, 2004.
TRD-200401448
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
40 TAC §44.71, §44.72
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
§44.71.What tasks may an attendant perform for a client under the CMPAS Program, and where may the attendant perform the tasks?
(a)
Allowable tasks. Except as otherwise provided in §44.72
of this division (relating to What tasks must an attendant not perform for
a client under the CMPAS Program?), an attendant may perform any one or more
of the following tasks for a client under the CMPAS Program:
(1)
personal care tasks that relate to the client's physical
health, such as the following:
(A)
bathing the client, including:
(i)
drawing water in sink, basin, or tub;
(ii)
hauling or heating water;
(iii)
laying out supplies;
(iv)
assisting in or out of tub or shower;
(v)
sponge bathing and drying;
(vi)
bed bathing and drying;
(vii)
tub bathing and drying; and
(viii)
providing standby assistance for safety;
(B)
dressing the client, including:
(i)
dressing client;
(ii)
undressing client; and
(iii)
laying out clothes;
(C)
preparing the client's meals, including:
(i)
cooking a full meal;
(ii)
warming up prepared food;
(iii)
planning meals;
(iv)
helping prepare meals; and
(v)
cutting client's food for eating;
(D)
assisting the client with eating, including:
(i)
assisting with eating and drinking utensils and adaptive
devices;
(ii)
feeding through a permanently placed feeding tube inserted
in a surgically created orifice or stoma; and
(iii)
providing standby assistance or encouragement;
(E)
assisting the client with exercising, including walking;
(F)
assisting the client with grooming, including:
(i)
shaving;
(ii)
brushing teeth;
(iii)
shaving underarms and legs, when requested;
(iv)
caring for nails; and
(v)
laying out supplies;
(G)
caring for the client's routine hair and skin needs, including:
(i)
washing hair;
(ii)
drying hair;
(iii)
assisting with setting, rolling, or braiding hair. This
does not include styling, cutting, or chemical processing of hair;
(iv)
combing or brushing hair;
(v)
applying nonprescription lotion to skin;
(vi)
washing hands and face;
(vii)
applying makeup; and
(viii)
laying out supplies;
(H)
assisting the client with medications that normally are
self-administered, including administration through a permanently placed feeding
tube;
(I)
assisting the client with toileting, including:
(i)
changing diapers;
(ii)
changing colostomy bag or emptying catheter bag;
(iii)
assisting on or off bedpan;
(iv)
assisting with the use of a urinal;
(v)
assisting with feminine hygiene needs;
(vi)
assisting with clothing during toileting;
(vii)
assisting with toilet hygiene, including the use of toilet
paper and washing hands;
(viii)
changing external catheter;
(ix)
preparing toileting supplies and equipment. This does
not include preparing catheter equipment;
(x)
providing standby assistance;
(xi)
the administration of a bowel and bladder program, including
suppositories, enemas, manual evacuation, intermittent catheterization, digital
stimulation associated with a bowel program; and
(xii)
tasks related to external stoma care, including pouch
changes, measuring intake and output, and skin care surrounding the stoma
area; and
(J)
assisting the client with transferring and ambulating,
including:
(i)
non-ambulatory movement from one stationary position to
another (transfer), which does not include carrying;
(ii)
adjusting or changing the client's position in a bed or
chair (positioning);
(iii)
assisting in rising from a sitting to a standing position;
(iv)
assisting in positioning for use of a walking apparatus;
(v)
assisting with putting on and removing leg braces and prostheses
for ambulation;
(vi)
assisting with ambulation or using steps;
(vii)
assisting with wheelchair ambulation; and
(viii)
providing standby assistance;
(2)
home management tasks that support the client's health
and safety, such as the following:
(A)
changing the client's bed linens and making the bed;
(B)
housecleaning for the client, including:
(i)
cleaning up after the client's personal care tasks;
(ii)
emptying and cleaning the client's bedside commode;
(iii)
cleaning the client's bathroom;
(iv)
cleaning floor of living areas used by client;
(v)
dusting areas used by client;
(vi)
carrying out trash, setting out garbage for pick up;
(vii)
cleaning stovetop and counters; and
(viii)
cleaning refrigerator and stove;
(C)
laundering the client's clothes, including:
(i)
doing hand wash;
(ii)
gathering and sorting;
(iii)
loading and unloading machines in residence;
(iv)
using Laundromat machines;
(v)
hanging clothes to dry; and
(vi)
folding and putting away clothes;
(D)
shopping for the client, including:
(i)
preparing a shopping list;
(ii)
going to the store and purchasing or picking up items;
and
(iii)
picking up medication;
(E)
storing the client's purchased items; and
(F)
washing the client's dishes;
(3)
client escorting tasks, including:
(A)
accompanying the client outside the home to support the
client in living in the community;
(B)
arranging for transportation, but not providing transportation.
The provider agency must have a policy addressing direct client transportation;
however, direct client transportation is not a task DHS will reimburse under §44.112
of this chapter (relating to How are provider agencies reimbursed?);
(C)
accompanying client to clinic, doctor's office, or other
trips made for the purpose of obtaining medical diagnosis or treatment; and
(D)
waiting in the doctor's office or clinic with a client
when necessary due to client's condition or distance from home; and
(4)
delegated health-related tasks or health-related tasks
that do not require delegation under 22 TAC, Chapter 225 (relating to RN Delegation
to Unlicensed Personnel and Tasks Not Requiring Delegation in Independent
Living Environments for Clients with Stable and Predictable Conditions), including:
(A)
inserting tubes in a body cavity or instilling or inserting
substances into an indwelling tube, limited to:
(i)
insertion or irrigation of urinary catheters for purpose
of intermittent catheterization; and
(ii)
irrigation of an indwelling tube, such as a urinary catheter
or permanently placed feeding tube;
(B)
administration of medications;
(C)
care of broken skin with low risk of infection;
(D)
changing sterile dressings; and
(E)
tracheal care to include instilling normal saline and suctioning
of a tracheotomy with routine supplemental oxygen administration.
(b)
Location of tasks. An attendant may perform any allowable
task for a client in the client's home or in any other appropriate location,
such as while accompanying the client to a shopping mall, to a movie, or to
a community event.
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 February 25, 2004.
TRD-200401449
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
40 TAC §§44.81 - 44.83
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 February 25, 2004.
TRD-200401450
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
40 TAC §§44.91 - 44.94
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 February 25, 2004.
TRD-200401451
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
40 TAC §§44.101 - 44.107
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
§44.102.When may a provider agency suspend services to a client under the CMPAS Program?
The provider agency may suspend services if:
(1)
the client or someone in the client's home engages in discrimination
in violation of applicable law;
(2)
the client or representative fails to effectively manage
his or her attendant care. This includes problems with:
(A)
hiring, selecting, or retaining an attendant for reasons
other than workforce issues;
(B)
reaching an agreement on the amount of reimbursement the
provider agency will retain (in the block grant model); and
(C)
completing or submitting required program documentation;
or
(3)
the client or someone in the client's home exhibits reckless
behavior that may result in imminent danger to the health or safety of the
client, the attendant, or another person. If this occurs, the provider agency
must make an immediate referral to:
(A)
the Texas Department of Protective and Regulatory Services
or other appropriate protective services agency;
(B)
local law enforcement; and
(C)
the contract manager.
§44.106.What procedures do interdisciplinary teams (IDTs) follow?
(a)
IDT evaluation and recommendation. The IDT must:
(1)
evaluate the problem, ensuring that the problem is not
due to discrimination in violation of applicable law;
(2)
identify any possible solutions to the problem; and
(3)
make recommendations to the provider agency.
(b)
Meeting outcome. The provider agency must, within two days
after the IDT meeting:
(1)
implement the recommendations of the IDT; or
(2)
request that the contract manager refer the client to another
provider agency if available, or an alternative payment model; and
(3)
submit to the contract manager the provider agency's records
of the IDT meeting and its outcome.
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 February 25, 2004.
TRD-200401452
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
40 TAC §§44.111, §44.112
The new sections are adopted under the Human Resources Code,
Chapter 22, which authorizes DHS to administer public assistance programs.
The new sections implement the Human Resources Code, §§22.0001-22.040.
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 February 25, 2004.
TRD-200401453
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: March 16, 2004
Proposal publication date: October 31, 2003
For further information, please call: (512) 438-3734
Subchapter E. CLIENT-MANAGED ATTENDANT SERVICES
Subchapter B. ELIGIBILITY
2.
FOOD STAMP HOUSEHOLDS
3.
CITIZENSHIP
4.
RESIDENCY
5.
DOMICILE
6.
RESOURCES
7.
INCOME
8.
TIME LIMITS
9.
CRIMINAL ACTIVITY
Subchapter C. ASSOCIATED PROGRAMS
2.
SIMPLIFIED NUTRITIONAL ASSISTANCE PROGRAM (SNAP)
3.
TANF NON-CASH PROGRAM
4.
TANF STATE PROGRAM
5.
ONE-TIME TANF (OTTANF)
Subchapter D. APPLICATION PROCESS
2.
INTERVIEW
3.
CASE DISPOSITION
Subchapter E. PARTICIPATION REQUIREMENTS
2.
THE TANF PERSONAL RESPONSIBILITY AGREEMENT (PRA)
3.
FINGER IMAGING
4.
TANF WORKFORCE ORIENTATION
5.
THIRD-PARTY RESOURCES
6.
WORK
7.
REPORTING CHANGES
Subchapter F. BENEFITS
2.
OVERPAYMENTS
3.
RESTORATION
Subchapter G. RETAILER REQUIREMENTS
Chapter 3.
TEXAS WORKS
Subchapter B. ADMINISTRATION
Subchapter C. THE APPLICATION PROCESS
Subchapter D. EXPEDITED SERVICES
Subchapter E. HOUSEHOLD DETERMINATION
Subchapter F. CITIZENSHIP REQUIREMENTS FOR THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) AND FOOD STAMP PROGRAMS
Subchapter G. RESOURCES
Subchapter H. TIME LIMITS: THE TANF AND FOOD STAMP PROGRAMS
Subchapter I. INCOME
Subchapter J. BUDGETING
Subchapter K. EMPLOYMENT SERVICES
Subchapter L. WORK REGISTRATION
Subchapter M. CLIENTS WHO VOLUNTARILY QUIT
Subchapter N. RESIDENCE
Subchapter O. AGE
Subchapter P. RELATIONSHIP/DOMICILE
Subchapter R. CHILD SUPPORT
Subchapter S. SCHOOL ATTENDANCE
Subchapter T. SOCIAL SECURITY NUMBERS
Subchapter U. MANAGEMENT
Subchapter V. MEDICAID ELIGIBILITY
Subchapter W. REMINDERS
Subchapter X. CASE DISPOSITION
Subchapter Y. ISSUING BENEFITS
Subchapter AA. SPECIAL HOUSEHOLDS
Subchapter BB. CHANGES
Subchapter CC. CLAIMS
Subchapter DD. RESTORED BENEFITS
Subchapter EE. CONFIDENTIALITY
Subchapter FF. CIVIL RIGHTS
Subchapter GG. HOTLINE
Subchapter HH. PROGRAM VIOLATIONS
Subchapter II. REDEMPTION PROCEDURES
Subchapter JJ. FOOD STAMP ASSISTANCE IN DISASTERS
Subchapter KK. SUPPORT DOCUMENTS
Subchapter LL. DISABILITY DETERMINATION
Subchapter MM. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES--UNEMPLOYED PARENT PROGRAM
Subchapter QQ. FINGER IMAGING
Subchapter RR. WORK SUBSIDY
Subchapter SS. ONE-TIME TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM
Subchapter TT. WORKFORCE ORIENTATION
Subchapter UU. ELECTRONIC BENEFIT TRANSFER (EBT)
Subchapter VV. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES SUPPLEMENTAL GRANDPARENT PAYMENT
Subchapter WW. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES--STATE PROGRAM
Subchapter XX. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES NON-CASH SERVICES
Subchapter YY. FOOD STAMP SIMPLIFIED NUTRITIONAL ASSISTANCE PROGRAM
Subchapter ZZ. ELECTRONIC BENEFIT TRANSFER (EBT) RETAILER REQUIREMENTS
Chapter 3.
TEXAS WORKS
7.
INCOME
Chapter 44.
CLIENT MANAGED PERSONAL ATTENDANT SERVICES
Subchapter B. RESPONSIBILITIES OF ALL PROVIDER AGENCIES
2.
ATTENDANT REQUIREMENTS
3.
ELIGIBILITY, REFERRAL, AND ASSESSMENT
4.
SERVICE INITIATION
5.
REASSESSMENT
6.
CO-PAYMENT DETERMINATION
7.
TASKS
Subchapter C. PROVIDER AGENCY RESPONSIBILITIES IN PAYMENT MODELS
Subchapter D. CLIENT RESPONSIBILITIES IN PAYMENT MODELS
Subchapter E. SERVICE SUSPENSION, TERMINATION, AND DISPUTE RESOLUTION
Subchapter F. RECORD KEEPING AND REIMBURSEMENT
Chapter 48.
COMMUNITY CARE FOR AGED AND DISABLED