Part 1.
DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 2.
MENTAL RETARDATION AUTHORITY RESPONSIBILITIES
Subchapter L. SERVICE COORDINATION FOR INDIVIDUALS WITH MENTAL RETARDATION
The Health and Human Services Commission (HHSC), on behalf of the
Department of Aging and Disability Services (DADS), adopts amendments to §§2.553-2.556,
2.558, and 2.562; and adopts the repeal of §§2.563-2.565 in Chapter
2, Subchapter L, governing Service Coordination for Individuals with Mental
Retardation, without changes to the proposed text published in the April 15,
2005, issue of the
Texas Register
(30 TexReg
2167).
The amendments are adopted to update agency names, correct mailing and
website addresses, and correct referenced citations that were rendered incorrect
upon transfer of the rules from Title 25, Part 2 to Title 40, Part 1 of the
Texas Administrative Code. This transfer resulted from the consolidation of
several state agencies, including part of the Texas Department of Mental Health
and Mental Retardation (TDMHMR), to create DADS.
The amendment to §2.554(c)(1)(B) is adopted to correct an outdated
reference. The amendment to §2.556(c) is adopted to replace the provision
to review an individual's plan of services and supports on a quarterly basis
with the provision to revise the individual's plan when the individual's needs
change or when the individual, legally authorized representative or actively
involved person, service provider, or other person provides relevant information
indicating revision of the plan is appropriate. The quarterly review of the
individual's plan of services and supports was based on a standard of review
established for individuals with mental illness. For an individual with mental
retardation, DADS believes it is more suitable to revise the plan when the
individual's needs change or when relevant information indicates a revision
is appropriate. The amendment to §2.556 also requires the plan to be
revised using a person-directed planning process that is consistent with DADS'
The repeal of §2.563 is adopted to delete an obsolete reference. The
repeal of §2.564 and §2.565 is adopted to make this subchapter consistent
with the majority of DADS rules, which do not include sections about references
and distribution.
DADS received no comments regarding adoption of the amendments and repeal.
40 TAC §§2.553 - 2.556, 2.558, 2.562
The amendments are adopted under Texas Government Code, §531.0055,
which provides that the HHSC executive commissioner shall adopt rules for
the operation and provision of services by the health and human services agencies,
including DADS; Texas Human Resources Code, §161.021, which provides
that the Aging and Disability Services Council shall study and make recommendations
to the HHSC executive commissioner and the DADS commissioner regarding rules
governing the delivery of services to persons who are served or regulated
by DADS; and Texas Government Code, §531.021, which provides HHSC with
the authority to administer federal funds and plan and direct the Medicaid
program in each agency that operates a portion of the Medicaid 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 July 11, 2005.
TRD-200502827
Phoebe Knauer
General Counsel
Department of Aging and Disability Services
Effective date: August 1, 2005
Proposal publication date: April 15, 2005
For further information, please call: (512) 438-3734
40 TAC §§2.563 - 2.565
The repeal is adopted under Texas Government Code, §531.0055,
which provides that the HHSC executive commissioner shall adopt rules for
the operation and provision of services by the health and human services agencies,
including DADS; Texas Human Resources Code, §161.021, which provides
that the Aging and Disability Services Council shall study and make recommendations
to the HHSC executive commissioner and the DADS commissioner regarding rules
governing the delivery of services to persons who are served or regulated
by DADS; and Texas Government Code, §531.021, which provides HHSC with
the authority to administer federal funds and plan and direct the Medicaid
program in each agency that operates a portion of the Medicaid 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 July 11, 2005.
TRD-200502828
Phoebe Knauer
General Counsel
Department of Aging and Disability Services
Effective date: August 1, 2005
Proposal publication date: April 15, 2005
For further information, please call: (512) 438-3734
Chapter 176.
VETERANS HOMES
Part 5.
TEXAS VETERANS LAND BOARD