40 TAC §9.178
The Health and Human Services Commission (HHSC) proposes,
on behalf of the Department of Aging and Disability Services (DADS), an amendment
to §9.178, concerning the certification principles for quality assurance,
in Chapter 9, Mental Retardation Services--Medicaid State Operating Agency
Responsibilities, Subchapter D, Home and Community-based Services (HCS) Program.
The proposed amendment to §9.178 restores the correct text to subsection
(v)(1) - (3). The correct text was inadvertently replaced with incorrect text
during the recent adoption of an amendment to the section. The subsection
governs an HCS Program provider's responsibilities concerning implementation
of behavior management techniques involving restriction of individual rights
or intrusive techniques.
Gordon Taylor, DADS Chief Financial Officer, has determined that, for the
first five years the proposed amendment is in effect, enforcing or administering
the amendment does not have foreseeable implications relating to costs or
revenues of state or local governments.
DADS has determined that there is no adverse economic effect on small businesses
or micro-businesses or on businesses of any size as a result of enforcing
or administering the amendment because the amendment will not place any new
requirements on businesses or cause them to alter their business practices.
Public Benefit and Costs
Barry Waller, DADS Assistant Commissioner for Provider Services, has determined
that, for each year of the first five years the amendment is in effect, the
public benefit expected as a result of enforcing the amendment is that correct
rule language for the HCS Program quality assurance certification principles
will appear in the Texas Administrative Code.
Mr. Waller anticipates that there will not be an economic cost to persons
who are required to comply with the amendment. The amendment will not affect
a local economy.
Takings Impact Assessment
DADS has determined that this proposal does not restrict or limit an owner's
right to his or her property that would otherwise exist in the absence of
government action and, therefore, does not constitute a taking under Texas
Government Code, §2007.043.
Public Comment
Questions about the content of this proposal may be directed to Christie
Taylor at (512) 438-4512 in DADS' Community Services Policy Development and
Support Unit. Written comments on the proposal may be submitted to Texas Register
Liaison, Legal Services-060, Department of Aging and Disability Services W-615,
P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in
the
Texas Register
.
Statutory Authority
The amendment is proposed 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.
The amendment affects Texas Government Code, §531.0055 and §531.021,
and Texas Human Resources Code, §161.021.
§9.178.Certification Principles: Quality Assurance.
(a) - (u)
(No change.)
(v)
When behavior management techniques involving restriction
of individual rights or intrusive techniques are used, the program provider
must ensure that the implementation of such techniques includes:
(1)
approval by the individual's IDT
[
must
manage the individual's personal funds entrusted to the program provider
];
(2)
written consent of the individual or LAR;
[
must not commingle the individual's personal funds with the program provider's
funds; and
]
(3)
written notification to the individual or LAR of the
right to discontinue participation at any time;
[
must maintain
a separate, detailed record of all deposits and expenditures for the individual.
]
(4) - (11)
(No change.)
(w) - (y)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on August 7, 2006.
TRD-200604042
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: September 17, 2006
For further information, please call: (512) 438-3734