Part 1. DEPARTMENT OF AGING AND DISABILITY SERVICES
Chapter 9. MENTAL RETARDATION SERVICES--MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES
Subchapter D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM
40 TAC §§9.153 - 9.155, 9.160, 9.165, 9.174, 9.177, 9.185
The Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts amendments to §§9.153 - 9.155, 9.160, 9.165, 9.174, 9.177, and 9.185 in Chapter 9, Mental Retardation Services--Medicaid State Operating Agency Requirements, Subchapter D, Home and Community-Based Services (HCS) Program. The amendments to §9.153 and §9.155 are adopted with changes to the proposed text published in the January 18, 2008, issue of the Texas Register (33 TexReg 497). The amendments to §§9.154, 9.160, 9.165, 9.174, 9.177, and 9.185 are adopted without changes to the proposed text.
The 2008-09 General Appropriations Act (Article II, Department of Aging and Disability Services, Rider 45, H.B. 1, 80th Legislature, Regular Session, 2007) increased the Home and Community-based Services (HCS) Program individual cost limit from 125% to 200% of the annual intermediate care facility for persons with mental retardation (ICF/MR) reimbursement rate. The amendments are adopted to reflect this increased individual cost limit.
The amendments are also adopted to add "falsification of documentation" as a reason DADS may take a discretionary sanction against a program provider. DADS believes that falsification of documents is a serious offense warranting the imposition of any of the adverse actions listed in the rule as DADS deems appropriate. Similar amendments to the Texas Home Living (TxHmL) Program rules in Chapter 9, Subchapter N, are adopted elsewhere in this issue of the Texas Register.
In addition, the adopted rules describe the types of residential settings that disqualify an individual from receiving HCS Program services. This reflects DADS' policy that the HCS Program is designed for individuals who do not live in congregate care settings such as assisted living facilities and segregated care communities. The adopted rules identify settings to which an individual may be temporarily admitted and during which time DADS may suspend program services.
Further, the adopted rules rename the counseling and therapies service component as "specialized therapies," rename the psychology service component as "behavioral support," and add board certified behavior analysts (BCBAs) as qualified providers of this service to make the HCS Program rules consistent with those of the TxHmL Program.
The adopted rules also remove the requirement that a physician sign the Mental Retardation/Related Conditions Assessment to make the rules consistent with current DADS practice.
Finally, the adopted rules amend the waiting list processes by allowing an applicant's name to be placed on the waiting list or transferred to another mental retardation authority's (MRA's) waiting list by oral request to make the HCS Program procedures more consistent with other DADS waiver programs. In addition, the adopted rules clarify that DADS, not an MRA, removes an applicant's name from the waiting list if the applicant's enrollment has been denied.
DADS received written comments from the Private Providers Association of Texas; EduCare Community Living; Community Access; Willard Incorporated; Vita-Living, Inc.; The Arc of Texas; Community Living Concepts, Inc.; D&S Residential Services LP; Mosaic; Reaching Maximum Independence; Community Homes for Adults; Child Study Center; Advocacy, Incorporated; Betty Hardwick Center; Texana Center; Texas Autism Advocacy; Families for Effective Autism Treatment - North Texas; Down Home Ranch; the Mary Lee Foundation; Sequoia, Inc.; R&K Specialized Homes, Inc.; and 17 individuals. A summary of the comments and responses follow.
Comment: Several commenters supported the proposed change to expand the list of qualified providers to include a BCBA as a qualified provider of psychology services.
Response: The agency appreciates the support of this proposed change and believes that including a BCBA as a qualified provider of psychology services expands the choices of qualified providers for individuals in need of behavioral support services. The rule language was not changed in response to the comment.
Comment: A commenter opposed the proposed change to expand the list of qualified providers of psychology services to include BCBAs. The commenter indicated that Applied Behavioral Analysis (ABA), practiced by BCBAs, violates the principles of neurogenesis and neurodevelopment and that individuals who receive ABA do not recover from autism.
Response: While the HCS Program serves some individuals who have diagnoses of autism, the program also serves many individuals with diagnoses other than autism. Further, the addition of BCBAs as a qualified provider of psychology services for individuals in need of behavioral support does not preclude other treatment modalities. The agency believes BCBAs offer effective treatment and are qualified to provide services to promote the development and reinforcement of acceptable behaviors. The rule language was not changed in response to the comment.
Comment: Twenty-nine commenters supported the proposed change to rename the psychology service component as "behavioral support" and to rename the counseling and therapies service component as "specialized therapies." In general, these comments indicate support for this change, as "behavioral support" more accurately reflects the range of services needed by individuals in the HCS Program and "specialized therapies" is more descriptive of the service components included under this service.
Response: The agency appreciates the support and believes that renaming the psychology service component as "behavioral support" more accurately reflects the purpose of this service, which is to teach and reinforce positive behavior. Renaming the set of services available under "counseling and therapies" as "specialized therapies" will make the set of service components available under this component consistent with the TxHmL Program's service array. The rule language was not changed in response to the comment.
Comment: Twelve commenters expressed concern that the amendment to §9.155(a)(5)(H) will restrict an individual's right to choose where they want to live.
Response: The purpose of this rule change is to clarify existing HCS policy and does not represent new restrictions regarding where an individual may live and receive HCS services. Section 9.174(28) requires HCS Program providers to ensure that each individual lives in a home that is a typical residence within the community. From the beginning of the HCS waiver program in 1985, Texas has applied this rule to prohibit the delivery of HCS services and supports in institutional settings and in settings that are segregated or separated from the larger community. Therefore, individuals receiving HCS services and supports must live in their own or their family's home, in a foster or companion care setting, or in a residence with no more than four individuals who receive similar services. The rule language was not changed in response to the comment.
Comment: Six commenters requested definitions of the terms "community," "congregate and segregated care," and "close physical proximity."
Response: The agency responds that none of these terms are used in the rules and, therefore, definitions are not necessary. The rule language was not changed in response to the comment.
Comment: Eleven commenters expressed concern that individuals who are currently receiving HCS services may be forced to move based on the amendment to §9.155(a)(5)(H).
Response: The purpose of the amendment is to clarify existing HCS Program policy and does not represent new restrictions regarding where an individual may live and receive HCS services. Further, the agency is not aware of anyone who is currently receiving services who will be required to move as a result of this rule change. Please note that a residential setting must meet all of the criteria in §9.155(a)(5)(H) to be an unacceptable setting for an individual to live and receive HCS services and supports. The agency encourages any person who has concerns about the residential setting of an individual because of this rule to seek technical assistance from the agency about such a setting.
Comment: The agency received eleven comments requesting clarification of the rule language in the eligibility section of the rule. Several commenters expressed concern regarding the use of the term "distinguishable." In addition, one comment received asserts that it is not clear whether a small ICF/MR and one four-bed HCS home could be located in the same block.
Response: The agency did not specify in §9.155(a)(5)(H)(i) how a residential area may be "distinguishable" from another residential area because every situation that could implicate this provision of the rule cannot be predicted or described. It is important that the agency have some discretion, taking into consideration the other criteria in the rule, to determine if such a separate residential area exists. The agency agrees to provide technical assistance to providers, as requested, regarding whether a particular residence is permitted under this rule. This rule provision does not prohibit an HCS provider from having homes in the same neighborhood, provided the homes do not create a clearly distinguishable area from the neighborhood at large. The rule language was not changed in response to the comment.
Comment: Eight commenters expressed concern that the rule language is too open to interpretation, leaving the decision up to HCS survey teams regarding whether a residential location is acceptable for an individual receiving HCS services. The suggestion was also made that appropriate residential settings be included in new provider orientation.
Response: As a part of the agency's ongoing education with program surveyors, it strives to increase consistency in the review process across the state. This change to the eligibility section of the rule is a clarification of existing HCS Program policy and does not represent a change in policy concerning where an individual may live and receive HCS services. As the operating agency for the HCS Program, the agency has provided for some discretion in interpreting and applying the requirements set forth in the rule. The agency agrees that a description of appropriate HCS residential settings should be included in new provider orientation and has implemented this change. The rule language was not changed in response to the comment.
Comment: One commenter asserted that the change to the eligibility section of the rule conflicts with the Americans with Disabilities Act (ADA).
Response: The agency does not agree that this proposed rule change violates the ADA. Specifically, it does not deny an individual's HCS Program services based on the individual's disability or violate the federal regulation requiring the state to administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities. The rule language was not changed in response to the comment.
Comment: One commenter requested the agency exclude section §9.155(a)(5)(H)(iii) from the proposed rule, asserting this provision is not necessary to prevent congregate living.
Response: The agency respectfully disagrees and believes that the criterion of shared services in §9.155(a)(5)(H)(iii) is a critical component in determining whether a residence is part of a segregated residential area. The rule language was not changed in response to the comment.
Comment: One commenter wrote in support of the rule change in eligibility criteria with regard to residential setting restrictions.
Response: The agency appreciates the comments and support. The rule language was not changed in response to the comment.
Comment: The agency received two comments supporting the rule change in eligibility criteria with regard to residential setting restrictions. These comments indicate that the agency should continue to use HCS Program funds to keep people in their communities and help them to maintain natural support systems.
Response: The agency appreciates these comments and support regarding the use of HCS Program funds. The rule language was not changed in response to the comment.
Comment: One commenter asserted that residential setting restrictions should not be included in the eligibility section of the rule and suggested convening a stakeholder workgroup to clarify appropriate residential settings for individuals who receive HCS Program services.
Response: Including this clarification in the eligibility section of the rule is appropriate because it pertains to where an individual may live in order to receive HCS Program services and is, therefore, a criterion for program eligibility. The agency held a stakeholder meeting to discuss this proposed rule change on September 25, 2007, and has worked diligently to develop clear language for the eligibility section of this rule. The agency will be available to provide technical assistance upon request. The agency does not believe that a stakeholder workgroup is necessary at this time. The rule language was not changed in response to the comment.
A change was made to the text in §9.153(16)(B)(iii) and (50)(B)(iii) to remove the use of "Community Living Assistance and Support Services" (CLASS) as an example of a non-HCS Program service similar to residential support or supervised living when describing three- and four-person residences, because the CLASS Program does not offer options similar to residential support or supervised living.
A change was made to the text in §9.153(50)(C) to the definition of "three-person residence" to include a provision addressing DADS' current policy allowing an HCS service provider, the service provider's spouse, or someone with whom the HCS service provider shares a spousal relationship, to live in a three-person residence.
A change to the text of §9.155(a)(5)(H)(ii) was made to remove the phrase ". . ., another developmental disability, or a physical disability. . ." from the proposed rule to more narrowly define the criteria regarding a setting that is unacceptable for a person receiving HCS Program services. A similar change to a rule in the TxHmL Program is being published elsewhere in this issue of the Texas Register.
A change was made to the text in §9.155(a)(5)(F) and (d)(6) to add facilities operated by the Department of Assistive and Rehabilitative Services (DARS) to the rule language to provide further specificity with regard to settings where an individual may not live and receive HCS services. A similar change to a rule in the TxHmL Program is being published elsewhere in this issue of the Texas Register.
A change was made to §9.155(a)(5)(H) to allow an individual to live in supportive housing under §811 of the National Affordable Housing Act of 1990 and receive HCS services. This is affordable housing for individuals with disabilities funded by the United States Department of Housing and Urban Development and it is not the agency's intent to prevent individuals receiving HCS services from accessing it.
Technical changes were made in §9.153(16)(E) and (50)(D) and §9.155(a)(5)(H) to update a rule cross-reference as a result of changes in this adoption.
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.
§9.153.Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
(1) Actively involved--Significant and ongoing involvement with the individual that the individual's service planning team deems to be supportive based on the following:
(A) observed interactions of the person with the individual;
(B) advocacy for the individual;
(C) knowledge of and sensitivity to the individual's preferences, values, and beliefs; and
(D) availability to the individual for assistance or support if needed.
(2) Applicant--A Texas resident seeking services in the HCS Program.
(3) Behavioral emergency--A situation in which severely aggressive, destructive, violent, or self-injurious behavior exhibited by an individual:
(A) poses a substantial risk of imminent probable death of, or substantial bodily harm to, the individual or others;
(B) has not abated in response to attempted preventive de-escalatory or redirection techniques;
(C) is not addressed in a written behavior intervention plan; and
(D) does not occur during a medical or dental procedure.
(4) CARE--DADS' Client Assignment and Registration System, a database with demographic and other data about an individual who is receiving services and supports or on whose behalf services and supports have been requested.
(5) CDS--Consumer directed services. A service delivery option as defined in §41.103 of this title (relating to Definitions).
(6) CDSA--Consumer directed service agency. An entity, as defined in §41.103 of this title, that provides financial management services and, at the request of an individual or LAR, support consultation to the individual participating in CDS.
(7) CRCG (Community Resource Coordination Group)--A local interagency group composed of public and private agencies that develops service plans for individuals whose needs can be met only through interagency coordination and cooperation. The group's role and responsibilities are described in the Memorandum of Understanding on Coordinated Services to Persons Needing Services from More Than One Agency, available on the HHSC website at www.hhsc.state.tx.us.
(8) Critical incident data--Information a program provider enters in CARE that includes the number of behavior intervention plans authorizing restraint, the number of restraints used, the number of medication errors, the number of serious physical injuries, and the number of deaths.
(9) DADS--The Department of Aging and Disability Services.
(10) DARS--The Department of Assistive and Rehabilitative Services.
(11) DFPS--The Department of Family and Protective Services.
(12) Emergency situation--An unexpected situation involving an individual's health, safety, or welfare, of which a person of ordinary prudence would determine that the LAR should be informed, such as:
(A) an individual needing emergency medical care;
(B) an individual being removed from his residence by law enforcement;
(C) an individual leaving his residence without notifying staff and not being located; and
(D) an individual being moved from his residence to protect the individual (for example, because of a hurricane, fire, or flood).
(13) Enrollment PDP--Enrollment person-directed plan. A plan developed for an applicant who is enrolling in the HCS Program that describes the supports and services necessary to preserve the applicant's health and safety and to achieve the desired outcomes identified by the applicant or the applicant's LAR on behalf of the applicant. The plan is based on person-directed planning and is developed in accordance with §9.164 of this subchapter (relating to Process for Enrollment of Applicants).
(14) Family-based alternative--A family setting in which the family provider or providers are specially trained to provide support and in-home care for children with disabilities or children who are medically fragile.
(15) Financial management services--A service, as defined in §41.103 of this title, that is provided to an individual who chooses to participate in CDS.
(16) Four-person residence--A residence:
(A) that a program provider leases or owns;
(B) in which at least one person but no more than four persons receive:
(i) residential support;
(ii) supervised living;
(iii) a non-HCS Program service similar to residential support or supervised living (for example, services funded by DFPS or by a person's own resources); or
(iv) respite;
(C) that, if it is the residence of four persons, at least one of those persons receives residential support;
(D) that is not the residence of any persons other than those described in subparagraph (B) of this paragraph; and
(E) that is not a dwelling described in §9.155(a)(5)(H) of this subchapter (relating to Eligibility Criteria).
(17) HCS Program--The Home and Community-based Services Program operated by DADS as authorized by the Centers for Medicare and Medicaid Services in accordance with §1915(c) of the Social Security Act.
(18) HCS case manager--An employee of the program provider who is responsible for the overall coordination and monitoring of HCS Program services provided to an individual.
(19) HHSC--The Texas Health and Human Services Commission.
(20) ICAP--Inventory for Client and Agency Planning.
(21) ICF/MR--Intermediate care facility for persons with mental retardation or related conditions.
(22) IDT (interdisciplinary team)--A planning team constituted by the program provider for each individual consisting of, at a minimum, the individual and LAR, HCS case manager, and a nurse. Other applicable persons assigned to provide or who are currently providing direct services to the individual and, as appropriate, a physician, other professional personnel, and other persons chosen by the individual or LAR may be included as team members as necessary. If an individual chooses to participate in CDS, a representative of the CDSA may be a member of the IDT if requested by the individual or LAR and agreed to by the CDSA representative.
(23) Individual--A person enrolled in the HCS Program.
(24) IPC (individual plan of care)--A document that describes the type and amount of each HCS Program service component to be provided to an individual and describes medical and other services and supports to be provided through non-program resources.
(25) IPC cost--Estimated annual cost of program services included on an IPC.
(26) IPC year--A 12-month period of time starting on the date an authorized initial or renewal IPC begins.
(27) ISP (individual service plan)--A written plan, from which the IPC is derived, developed by the IDT using person-directed planning and, if appropriate, permanency planning. The ISP describes the assessments, recommendations, deliberations, conclusions, justifications, and outcomes regarding the specific services provided to the individual by the program provider.
(28) Large ICF/MR--A non-state operated ICF/MR with a Medicaid certified capacity of 14 or more.
(29) LAR (legally authorized representative)--A person authorized by law to act on behalf of a person with regard to a matter described in this subchapter, and may include a parent, guardian, or managing conservator of a minor, or the guardian of an adult.
(30) LOC (level of care)--A determination given to an individual as part of the eligibility determination process based on data submitted on the MR/RC Assessment.
(31) LON (level of need)--An assignment given by DADS to an individual upon which reimbursement for foster/companion care, supervised living, residential support, and day habilitation is based. The LON assignment is derived from the service level score obtained from the administration of the ICAP to the individual and from selected items on the MR/RC Assessment.
(32) LVN--Licensed vocational nurse.
(33) MRA (mental retardation authority)--An entity to which HHSC's authority and responsibility described in Texas Health and Safety Code, §531.002(11) has been delegated.
(34) MR/RC Assessment--A form used by DADS for LOC determination and LON assignment.
(35) Natural support network--Those persons, including family members, church members, neighbors, and friends, who assist and sustain an individual with supports that occur naturally within the individual's environment and that are not reimbursed or purposely developed by a person or system.
(36) Person-directed planning--A process that empowers the individual (and the LAR on the individual's behalf) to direct the development of a plan for supports and services that meet the individual's outcomes. The process:
(A) identifies existing supports and services necessary to achieve the individual's outcomes;
(B) identifies natural supports available to the individual and negotiates needed services system supports;
(C) occurs with the support of a group of people chosen by the individual (and the LAR on the individual's behalf); and
(D) accommodates the individual's style of interaction and preferences regarding time and setting.
(37) Permanency planning--A philosophy and planning process that focuses on the outcome of family support for an individual under 22 years of age by facilitating a permanent living arrangement in which the primary feature is an enduring and nurturing parental relationship.
(38) Permanency Planning Review Screen--A screen in CARE that, if completed by an MRA, identifies community supports needed to achieve an individual's permanency planning outcomes and provides information necessary for approval to provide supervised living or residential support to the individual.
(39) Primary correspondent--A person who may request, in accordance with the Mental Retardation Services and Supports Interest List Policy and Procedures Manual, that an MRA place an applicant's name on the HCS Program waiting list.
(40) Program provider--An entity that provides HCS Program services under a waiver program provider agreement with DADS as defined in Subchapter Q of this chapter (relating to Enrollment of Medicaid Waiver Program Providers).
(41) Restraint--
(A) A manual method, except for physical guidance or prompting of brief duration, or a mechanical device to restrict:
(i) the free movement or normal functioning of all or a portion of an individual's body; or
(ii) normal access by an individual to a portion of the individual's body.
(B) Physical guidance or prompting of brief duration becomes a restraint if the individual resists the physical guidance or prompting.
(42) RN--Registered nurse.
(43) Seclusion--The involuntary separation of an individual away from other individuals and the placement of the individual alone in an area from which the individual is prevented from leaving.
(44) Service back-up plan--A plan, as defined in §41.103 of this title, that ensures continuity of critical program services if service delivery is interrupted.
(45) Service coordinator--An employee of an MRA who is responsible for assisting an individual, or LAR on behalf of the individual, in accessing medical, social, educational, and other appropriate services, including HCS Program services.
(46) Service planning team--A planning team constituted by an MRA consisting of an applicant, LAR, service coordinator, and other persons chosen by the applicant or LAR on behalf of the applicant.
(47) SSI--Supplemental Security Income.
(48) Support consultation--A service, as defined in §41.103 of this title, that is provided by a support advisor employed by, or contracted through, a CDSA or retained as a contractor by an employer in the CDS option.
(49) TANF--Temporary Assistance for Needy Families.
(50) Three-person residence--A residence:
(A) that a program provider leases or owns;
(B) in which at least one person but no more than three persons receive:
(i) residential support;
(ii) supervised living;
(iii) a non-HCS Program service similar to residential support or supervised living (for example, services funded by DFPS or by a person's own resources); or
(iv) respite;
(C) that is not the residence of any person other than an HCS service provider, the service provider's spouse or person with whom the service provider has a spousal relationship, or a person described in subparagraph (B) of this paragraph; and
(D) that is not a dwelling described in §9.155(a)(5)(H) of this subchapter (relating to Eligibility Criteria).
§9.155.Eligibility Criteria and Suspension of HCS Program Services.
(a) An applicant or individual is eligible for HCS Program services if he or she:
(1) meets the financial eligibility criteria as defined in subsection (b) of this section;
(2) meets one of the following criteria:
(A) qualifies for the ICF/MR LOC I as defined in §9.238 of this chapter (relating to Level of Care I Criteria), as determined by DADS according to §9.159 of this subchapter (relating to Level of Care (LOC) Determination); and
(i) has had a determination of mental retardation performed in accordance with state law (Texas Health and Safety Code, Chapter 593, Admission and Commitment to Mental Retardation Services, Subchapter A); or
(ii) has been diagnosed by a licensed physician as having a related condition as defined in §9.203 of this chapter (relating to Definitions) before enrollment in the HCS Program; or
(B) qualifies for the ICF/MR LOC I as defined in §9.238 of this chapter or ICF/MR LOC VIII as defined in §9.239 of this chapter (relating to ICF/MR Level of Care VIII Criteria), as determined by DADS according to §9.159 of this subchapter, and has been determined by DADS:
(i) to have mental retardation or a related condition;
(ii) to need specialized services; and
(iii) to be inappropriately placed in a Medicaid certified nursing facility based on an annual resident review conducted in accordance with the requirements of §19.2500 of this title (relating to Preadmission Screening and Resident Review (PASARR);
(3) has an approved IPC for which the IPC cost does not exceed 200% of the annual ICF/MR reimbursement rate paid to a small ICF/MR, as defined in 1 TAC §355.456 (relating to Reimbursement Methodology) for the individual's level of need as it would be assigned under §9.240 of this chapter (relating to Level of Need) or 200% of the estimated annualized per capita cost for ICF/MR services, whichever is greater;
(4) is not enrolled in another waiver program under §1915(c) of the Social Security Act; and
(5) does not reside in:
(A) an ICF/MR licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 252, or certified by DADS;
(B) a nursing facility licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 242;
(C) an assisted living facility licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 247;
(D) a residential child-care operation licensed or subject to being licensed by DFPS unless it is a foster family home or a foster group home;
(E) a facility licensed or subject to being licensed by the Department of State Health Services (DSHS);
(F) a facility operated by DARS;
(G) a residential facility operated by the Texas Youth Commission, a jail, or a prison; or
(H) a setting in which two or more dwellings, including units in a duplex or apartment complex, single family homes, or facilities listed in subparagraphs (A) - (G) of this paragraph, excluding supportive housing under §811 of the National Affordable Housing Act of 1990, meet all of the following criteria:
(i) the dwellings create a residential area distinguishable from other areas primarily occupied by persons who do not require routine support services because of a disability;
(ii) most of the residents of the dwellings are persons with mental retardation; and
(iii) the residents of the dwellings are provided routine support services through personnel, equipment, or service facilities shared with the residents of the other dwellings.
(b) An applicant or individual is financially eligible for the HCS Program if he or she:
(1) is categorically eligible for SSI benefits;
(2) has once been eligible for and received SSI benefits and continues to be eligible for Medicaid as a result of protective coverage mandated by federal law;
(3) is under age 18 and:
(A) residing with parents or a spouse;
(B) eligible for Medicaid benefits only if institutionalized;
(C) meets the SSI criteria for disability;
(D) meets the SSI criteria for institutional deeming; and
(E) has income and resources that meet the requirements of the SSI program; or
(4) is under 20 years of age and:
(A) is financially the responsibility of DFPS in whole or in part; and
(B) is being cared for in a foster home or group home:
(i) that is licensed or certified and supervised by DFPS or a licensed public or private nonprofit child placing agency; and
(ii) in which a foster parent is the primary caregiver residing in the home;
(5) is a member of a family who receives full Medicaid benefits as a result of qualifying for TANF; or
(6) is eligible for SSI benefits in the community, except on the basis of income, and meets the special institutional income limit for Medicaid benefits in Texas without regard to spousal income.
(c) For individuals with spouses who live in the community, the income and resource eligibility requirements are determined according to the spousal impoverishment provisions in §1924 of the Social Security Act and as specified in the Medicaid State Plan.
(d) If an individual is temporarily admitted to one of the following settings, DADS suspends HCS Program services during that admission:
(1) a hospital;
(2) an ICF/MR licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 252 or certified by DADS;
(3) a nursing facility licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 242;
(4) a residential child-care operation licensed or subject to being licensed by DFPS;
(5) a facility licensed or subject to being licensed by the DSHS;
(6) a facility operated by DARS; or
(7) a residential facility operated by the Texas Youth Commission, a jail, or a prison.
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 May 12, 2008.
TRD-200802481
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: June 1, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 438-3734
40 TAC §§9.553, 9.554, 9.556, 9.558, 9.559, 9.570, 9.573, 9.577, 9.580
The Health and Human Services Commission (HHSC), on behalf of the Department of Aging and Disability Services (DADS), adopts amendments to §§9.553, 9.554, 9.556, 9.558, 9.559, 9.570, 9.573, 9.577, and 9.580, in Chapter 9, Mental Retardation Services--Medicaid State Operating Agency Responsibilities, Subchapter N, Texas Home Living (TxHmL) Program. The amendments to §9.553 and §9.570, are adopted with changes to the proposed text as published in the January 18, 2008, issue of the Texas Register (33 TexReg 504). The amendments to §§9.554, 9.556, 9.558, 9.559, 9.573, 9.577, and 9.580, are adopted without changes to the proposed text.
The service components in the TxHmL Program are divided into two service categories, the Community Living Service Category and the Technical and Professional Supports Service Category. Currently, the rule states that the annual cost limit (i.e., service category limit) for the Community Living Service Category is $8,000 and the annual cost limit for the Technical and Professional Supports Service Category is $2,000, with a combined total cost limit of $10,000. An individual's Individual Plan of Care (IPC) may not exceed $10,000. Cost limits are based, in part, on TxHmL provider rates that are adopted by HHSC. A rate increase by HHSC may cause an individual's IPC cost to exceed the total cost limit without an increase in the amount of services being provided. The service category and total cost limits were revised in 2007 to allow for increased IPC costs. Because future rate increases may cause these limits to be revised again, amendments are adopted to delete the specific cost limits and instead reference the TxHmL Program waiver application approved by the Centers for Medicare and Medicaid Services (CMS), which includes the revised limits. Cost limits will be updated in the waiver application as necessary.
In addition, the amendments are adopted to add a definition of "own home or family home" that describes the types of institutional and congregate settings that disqualify an individual from receiving TxHmL Program services. The rules reflect DADS' policy that the TxHmL Program is designed for individuals who do not live in congregate care settings. Further, the adopted rules identify settings to which an individual may be temporarily admitted, during which time DADS may suspend program services.
The adopted rules also place current billing practices into rule and permit DADS to require a program provider to develop and submit, in accordance with DADS instructions, a corrective action plan that improves the program provider's billing practices. This new requirement is consistent with that in the HCS Program. The adopted rules also require a program provider to enter critical incident data in the Client Assignment and Registration System (CARE). This requirement is consistent with the current TxHmL Program provider agreement and the HCS Program rules. Collection of this data allows DADS to track critical incidents and develop strategies to reduce risk and improve the quality of services.
Finally, the adopted rules allow for DADS to take discretionary actions against a provider if the provider falsifies documents used to demonstrate compliance with the rule. DADS believes that falsification of documents is a serious offense warranting the imposition of any of the adverse actions listed in the rule as DADS deems appropriate.
DADS received no comments regarding adoption of the amendments. However, the agency changed §9.553(22)(F) to add a residential facility operated by the Department of Assistive and Rehabilitative Services (DARS) to the list of residences that are not considered "own home or family home."
In addition, a change was made to §9.553(22)(H) to exclude Housing and Urban Development (HUD) supportive housing under §811 of the National Housing Act of 1990 from the list of residential settings in which an individual receiving TxHmL services may not live. It is not DADS intention to prevent individuals who receive TxHmL services from accessing supportive housing funded by HUD.
The agency also changed §9.553(22)(H)(ii) to delete the phrase ". . .another developmental disability, or a physical disability. . ." to more narrowly define the criteria regarding a setting that is unacceptable for a person receiving TxHmL Program services.
A change was made to §9.570(f)(6) to add a facility operated by DARS to the list of settings in which, if an individual is temporarily admitted, TxHmL services are suspended during the admission.
The changes to §§9.553(22)(F), 9.553(22)(H), 9.553(22)(H)(ii) and 9.570(f)(6) are consistent with changes made in the Home and Community-based Services Program rule published elsewhere in this issue of the Texas Register.
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.
§9.553.Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
(1) Applicant--A Texas resident seeking services in the TxHmL Program.
(2) CARE--Client Assignment and Registration System. A DADS database with demographic and other data about an individual who is receiving services and supports or on whose behalf services and supports have been requested.
(3) CDS--Consumer directed services. A service delivery option as defined in §41.103 of this title (relating to Definitions).
(4) CDSA--Consumer directed service agency. An entity, as defined in §41.103 of this title, that provides financial management services and, at the request of an individual or LAR, support consultation to an individual participating in CDS.
(5) CMS--Centers for Medicare and Medicaid Services. The federal agency that administers Medicaid programs.
(6) Critical incident data--Information a program provider enters in CARE that includes the number of behavior intervention plans authorizing restraint, the number of restraints used, the number of medication errors, the number of serious physical injuries, and the number of deaths.
(7) DADS--The Department of Aging and Disability Services.
(8) DFPS--The Department of Family and Protective Services.
(9) Financial management services--A service, as defined in §41.103 of this title, that is provided to an individual participating in CDS.
(10) HCS Program--The Home and Community-based Services Program operated by DADS as authorized by CMS in accordance with §1915(c) of the Social Security Act.
(11) HHSC--The Texas Health and Human Services Commission.
(12) ICF/MR Program--The Intermediate Care Facilities for Persons with Mental Retardation or Related Conditions Program.
(13) Individual--A person enrolled in the TxHmL Program.
(14) IPC--Individual plan of care. A document that describes the type and amount of each TxHmL Program service component to be provided to an individual and medical and other services and supports to be provided through non-TxHmL Program resources.
(15) IPC cost--Estimated annual cost of program services included on an IPC.
(16) IPC year--A 12-month period of time starting on the date an authorized initial or renewal IPC begins.
(17) LAR--Legally authorized representative. A person authorized by law to act on behalf of a person with regard to a matter described in this subchapter, and may include a parent, guardian, or managing conservator of a minor, or the guardian of an adult.
(18) LOC--Level of care. A determination made by DADS about an applicant or individual as part of the TxHmL Program eligibility determination process based on data submitted on the MR/RC Assessment.
(19) LON--Level of need. An assignment given by DADS for an applicant or individual that is derived from the service level score obtained from the administration of the Inventory for Client and Agency Planning (ICAP) to the individual and from selected items on the MR/RC Assessment.
(20) MRA--Mental retardation authority. An entity to which HHSC's authority and responsibility described in THSC, §531.002(11) has been delegated.
(21) MR/RC Assessment--A form used by DADS for LOC determination and LON assignment.
(22) Own home or family home--A residence that is not:
(A) an intermediate care facility for persons with mental retardation or related conditions (ICF/MR) licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 252 or certified by DADS;
(B) a nursing facility licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 242;
(C) an assisted living facility licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 247;
(D) a residential child-care operation licensed or subject to being licensed by DFPS unless it is a foster family home or a foster group home;
(E) a facility licensed or subject to being licensed by the Department of State Health Services;
(F) a residential facility operated by the Department of Assistive and Rehabilitative Services;
(G) a residential facility operated by the Texas Youth Commission, a jail, or a prison; or
(H) a setting in which two or more dwellings, including units in a duplex or apartment complex, single family homes, or facilities listed in subparagraphs (A) - (G) of this paragraph, but excluding supportive housing under Section 811 of the National Affordable Housing Act of 1990, meet all of the following criteria:
(i) the dwellings create a residential area distinguishable from other areas primarily occupied by persons who do not require routine support services because of a disability;
(ii) most of the residents of the dwellings are persons with mental retardation; and
(iii) the residents of the dwellings are provided routine support services through personnel, equipment, or service facilities shared with the residents of the other dwellings.
(23) Performance contract--A written agreement between DADS and an MRA for the provision of one or more functions as described in THSC, §533.035(b).
(24) PDP--Person-directed plan. A plan developed for an applicant in accordance with §9.567 of this subchapter (relating to Process for Enrollment) that describes the supports and services necessary to achieve the desired outcomes identified by the applicant or LAR on behalf of the applicant.
(25) Program provider--An entity that provides TxHmL Program services under a program provider agreement with DADS in accordance with Subchapter Q of this chapter (relating to Enrollment of Medicaid Waiver Program Providers).
(26) Program provider agreement--A written agreement between DADS and a program provider that obligates the program provider to deliver TxHmL Program service components, except for financial management services and support consultation.
(27) Respite facility--A site that is not a residence and that is owned or leased by a program provider for the purpose of providing out-of-home respite to not more than six individuals receiving TxHmL Program services or other persons receiving similar services at any one time.
(28) Service back-up plan--A plan, as defined in §41.103 of this title, that ensures continuity of critical service components if service delivery is interrupted.
(29) Service coordinator--An employee of an MRA who is responsible for assisting an applicant, individual, or LAR to access needed medical, social, educational, and other appropriate services including TxHmL Program services.
(30) Service planning team--A planning team constituted by an MRA consisting of an applicant or individual, LAR, service coordinator, and other persons chosen by the applicant, individual, or LAR.
(31) Support consultation--A service, as defined in §41.103 of this title, that is provided to an individual participating in the CDS option at the request of the individual or LAR.
(32) TAC--Texas Administrative Code. A compilation of state agency rules published by the Texas Secretary of State in accordance with Texas Government Code, Chapter 2002, Subchapter C.
(33) THSC--Texas Health and Safety Code. Texas statutes relating to health and safety.
(34) TxHmL Program--The Texas Home Living Program, operated by DADS and approved by CMS in accordance with §1915(c) of the Social Security Act, that provides community-based services and supports to eligible individuals who live in their own homes or in their family homes.
§9.570.Permanent Discharge from the TxHmL Program and Suspension of TxHmL Program Services.
(a) An individual may be permanently discharged from the TxHmL Program if:
(1) the individual no longer meets the eligibility criteria specified in §9.556 of this subchapter (relating to Eligibility Criteria);
(2) the individual or LAR requests permanent discharge; or
(3) the individual or LAR refuses to cooperate in the delivery or planning of services and:
(A) such refusal is documented by the program provider and the service coordinator; and
(B) the service coordinator has explained to the individual or LAR in writing that such refusal may result in discharge from the TxHmL Program.
(b) DADS may propose permanent discharge of an individual at its own initiation or based on an MRA's request for permanent discharge of an individual.
(c) To request permanent discharge of an individual by DADS, the individual's service coordinator must, within 14 calendar days of determining that one of the criteria in subsection (a) of this section is met, submit a written request containing the following information to DADS and provide a copy of the request to the individual or LAR:
(1) the reason permanent discharge is requested;
(2) a discharge plan documenting, as appropriate:
(A) that, before submission of the request for permanent discharge, the individual or LAR was informed of the individual's option to transfer to another program provider and the consequences of permanent discharge for receiving future TxHmL Program services; and
(B) the service linkages that are in place following the individual's discharge from the TxHmL Program; and
(3) if permanent discharge is recommended for the reason stated in subsection (a)(3) of this section:
(A) a description of the action by the individual or LAR demonstrating refusal to cooperate in the delivery or planning of services and the effect of such action on the planning or delivery of services;
(B) a description of the action by the program provider and service coordinator, including face-to-face meetings between the service coordinator and individual or LAR, to resolve the circumstances causing the individual's or LAR's refusal to cooperate; and
(C) a copy of the written explanation sent by the service coordinator to the individual or LAR explaining the consequences of refusal to cooperate.
(d) If DADS proposes to permanently discharge an individual, DADS sends a written discharge notification to the individual or LAR, the program provider, and the MRA indicating the effective date of the discharge and the individual's right to a fair hearing in accordance with §9.571 of this subchapter (relating to Fair Hearings).
(e) If the reason for the proposed permanent discharge is that the individual no longer meets the eligibility criteria described in §9.556(a)(5) and (8) of this subchapter, DADS instructs the service coordinator to:
(1) inform the individual or LAR that DADS, based on availability, offers the individual a program vacancy in the HCS Program in accordance with §9.164(a)(3) of this chapter (relating to Process for Enrollment of Applicants); and
(2) offer to assist the individual or LAR to apply for other services for which the individual may be eligible including other home and community-based service programs and ICF/MR Program services.
(f) If an individual is temporarily admitted to one of the following settings, DADS suspends TxHmL Program services during that admission:
(1) a hospital;
(2) an ICF/MR licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 252 or certified by DADS;
(3) a nursing facility licensed or subject to being licensed in accordance with Texas Health and Safety Code, Chapter 242;
(4) a residential child-care operation licensed or subject to being licensed by DFPS;
(5) a facility licensed or subject to being licensed by the Department of State Health Services;
(6) a facility operated by the Department of Assistive and Rehabilitative Services; or
(7) a residential facility operated by the Texas Youth Commission, a jail, or a prison.
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 May 12, 2008.
TRD-200802482
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Effective date: June 1, 2008
Proposal publication date: January 18, 2008
For further information, please call: (512) 438-3734
Chapter 104. PURCHASE OF GOODS AND SERVICES BY THE DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
The Texas Health and Human Services Commission ("HHSC"), on behalf of the Texas Department of Assistive and Rehabilitative Services, adopts the amendments to Title 40, Part 2, Chapter 104, Purchase of Goods and Services by the Department of Assistive and Rehabilitative Services. The amendments to Subchapter C, Purchase of Goods and Services, §104.255, Definitions, and Subchapter J, Protest Procedures, §104.301, Availability of Protest Procedures, are adopted without changes to the proposed text as published in the March 21, 2008, issue of the Texas Register (33 TexReg 2530) and will not be republished.
The amendments to §104.255 clarify and improve the definitions relating to Chapter 104. The amendments to §104.301 provide streamlined procedures for potential contractors to protest nonselection for informal competitive procurements, which are competitive procurements with a dollar value of $25,000 or less, in accordance with requirements of 1 TAC Part 15, Chapter 391, Purchase of Goods and Services by Health and Human Services Agencies.
Texas Government Code, Chapter 2001 (the Administrative Procedure Act), §2001.039, Agency Review of Existing Rules, requires that each state agency review and consider for readoption each rule adopted by that agency. 40 TAC Chapter 104 consists of Subchapter C, Purchase of Goods and Services, §§104.251, 104.253, 104.255, 104.257, 104.259, 104.261, and 104.263, and Subchapter J, Protest Procedures, §104.301. HHSC has determined that the reasons for initially adopting these rules continue to exist. Note that 40 TAC Chapter 104, was proposed for review in the November 30, 2007, issue of the Texas Register (32 TexReg 8863).
No comments were received regarding adoption of the amendments.
Subchapter C. PURCHASE OF GOODS AND SERVICES
The amendments are adopted pursuant to HHSC's statutory rulemaking authority under Texas Government Code §2155.144, which provides HHSC the authority to promulgate rules for the acquisition of goods and services; Texas Government Code §531.033, which provides the HHSC Executive Commissioner with the authority to promulgate rules necessary to carry out HHSC's duties; and Texas Government Code §531.0055(e), which provides the Executive Commissioner of HHSC with the authority to promulgate rules for the operation and provision of health and human services by health and human services agencies.
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 May 13, 2008.
TRD-200802497
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: June 2, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 424-4050
The amendments are adopted pursuant to Texas Health and Human Services Commission's ("HHSC") statutory rulemaking authority under Texas Government Code §2155.144, which provides HHSC the authority to promulgate rules for the acquisition of goods and services; Texas Government Code §531.033, which provides the HHSC Executive Commissioner with the authority to promulgate rules necessary to carry out HHSC's duties; and Texas Government Code §531.0055(e), which provides the Executive Commissioner of HHSC with the authority to promulgate rules for the operation and provision of health and human services by health and human services agencies.
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 May 13, 2008.
TRD-200802498
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: June 2, 2008
Proposal publication date: March 21, 2008
For further information, please call: (512) 424-4050
Chapter 452. ADMINISTRATION GENERAL PROVISIONS
The Texas Veterans Commission (commission) adopts new §452.7, concerning Commission Duties, without changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1277). Since no changes were made to §452.7, the text of the rule will not be republished.
The purpose of §452.7 is to establish the policy for commission duties. This section is required under House Bill 3426 and authorized under the Texas Government Code §434.010, granting the commission authority to adopt rules that it considers necessary for its administration.
There were no comments received regarding the new section.
The new section is adopted under Texas Government Code Chapter 434, §434.010, which authorizes the commission to adopt rules it considers necessary for its administration.
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 May 16, 2008.
TRD-200802536
Tina M. Coronado
General Counsel
Texas Veterans Commission
Effective date: June 5, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-1981
The Texas Veterans Commission (commission) adopts new Chapter 456, §§456.1 - 456.17, regarding contract negotiation and mediation, without changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1277). Since no changes were made to the new sections, the text of the rules will not be republished.
The new chapter establishes the procedure for contract negotiation and mediation. The new chapter is required under Texas Government Code Chapter 2260 and authorized under §434.010 of the Texas Government Code, granting the commission authority to adopt rules that it considers necessary for its administration.
There were no comments received regarding the new sections.
The new sections are adopted under Texas Government Code Chapter 434, §434.010, which authorizes the commission to adopt rules it considers necessary for its administration.
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 May 16, 2008.
TRD-200802537
Tina M. Coronado
General Counsel
Texas Veterans Commission
Effective date: June 5, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-1981
The Texas Veterans Commission (commission) adopts new Chapter 457, §457.1, concerning protests of agency purchases, without changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1280). Since no changes were made to §457.1, the text of the rule will not be republished.
The purpose of the new section is to establish the procedure for the protesting of agency purchases. The new section is required under §2155.076 of the Texas Government Code and authorized under §434.010 of the Texas Government Code, granting the commission authority to adopt rules that it considers necessary for its administration.
There were no comments received regarding the new section.
The new section is adopted under Texas Government Code, Chapter 434, §434.010, which authorizes the commission to adopt rules it considers necessary for its administration.
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 May 16, 2008.
TRD-200802538
Tina M. Coronado
General Counsel
Texas Veterans Commission
Effective date: June 5, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-1981
The Texas Veterans Commission (commission) adopts new Chapter 458, §458.1, concerning the establishment of advisory committees, with a change to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1282). Specifically, the change is to section (d) and increases the maximum number of members of the advisory committee from 15 to 18.
The purpose of §458.1 is to establish the Veterans Employment and Training Advisory Committee to seek input of employers to better assist veterans in gaining employment and/or training. The new section is authorized under Texas Government Code §434.0101, granting the commission the authority to establish advisory committees for the development of rules or policies. Texas Government Code §2110.005 requires an agency that establishes an advisory committee to adopt rules for the establishment of those committees.
There were no comments received regarding the new section.
The new section is adopted under Texas Government Code Chapter 434, §434.0101, granting the commission the authority to establish advisory committees for the development of rules or policies.
§458.1.Veterans Employment and Training Advisory Committee.
(a) The Veterans Employment and Training Advisory Committee is established.
(b) Purpose. The purpose of the Veterans Employment and Training Advisory Committee is to seek the input of employers to better assist veterans in gaining successful employment and/or training.
(c) The Executive Director may appoint one or more members of the commission staff to serve and assist the committee. This position(s) shall be non-voting. This person(s) shall keep minutes of committee meetings and prepare those minutes for approval by the presiding member of the committee and shall assist the presiding officer in preparing the reports required for submission to the commission.
(d) Composition and appointment of members. The Veterans Employment and Training Advisory Committee shall consist of at least 7, but no more than 18 persons appointed by the commission. Appointment to the committee will be limited to individuals who are nominated by veterans organizations that have a national employment program or individuals who are recognized authorities in the fields of business, employment, training, rehabilitation or labor.
(e) Removal of members. Members of the committee serve at the pleasure of the commission. The commission may remove a member from the committee by a majority vote of the commission.
(f) Conditions of membership. The term of office for each member appointed by the commission shall be staggered for a two-year term. To achieve staggered terms, one-half of the initial appointments will be for a two-year term; and one-half will be for a three-year term. A member whose term has expired shall continue to serve until a qualified replacement is appointed by the commission. In the event that a member appointed by the commission cannot complete his or her term or is removed by the commission, the commission shall appoint a qualified replacement to serve the remainder of the term.
(g) No compensation. Committee members appointed by the commission shall serve without compensation. Committee members appointed by the commission are not entitled to reimbursement from the commission for travel and per diem incurred in the performance of their official duties.
(h) Meetings. The committee shall meet quarterly unless directed otherwise by the commission. The committee shall be subject to meeting at the call of the presiding member. A quorum shall consist of a majority of the committee membership.
(i) Duration. The Committee shall remain in existence as long as deemed necessary by the Commissioners of the Texas Veterans Commission.
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 May 16, 2008.
TRD-200802539
Tina M. Coronado
General Counsel
Texas Veterans Commission
Effective date: June 5, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-1981
The Texas Veterans Commission (commission) adopts new Chapter 458, §458.2, concerning the establishment of advisory committees, without changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1283). Since no changes were made to §458.2, the text of the rule will not be republished.
The purpose of §458.2 is to establish the Fund for Veterans' Assistance Advisory Committee. The new rule is authorized under Texas Government Code §434.0101, granting the commission the authority to establish advisory committees for the development of rules or policies. Texas Government Code §2110.005 requires an agency that establishes an advisory committee to adopt rules for the establishment of those committees.
There were no comments received regarding the new section.
The new section is adopted under Texas Government Code Chapter 434, §434.0101, which authorizes the commission to establish advisory committees for the development of rules or policies.
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 May 16, 2008.
TRD-200802540
Tina M. Coronado
General Counsel
Texas Veterans Commission
Effective date: June 5, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-1981
The Texas Veterans Commission (commission) adopts new Chapter 458, §458.3, concerning the establishment of advisory committees, without changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1284). Since no changes were made to §458.3, the text of the rule will not be republished.
The purpose of §458.3 is to establish the Veterans Communication Advisory Committee. This rule is authorized under Texas Government Code §434.0101, granting the commission the authority to establish advisory committees for the development of rules or policies. Texas Government Code §2110.005 requires an agency that establishes an advisory committee to adopt rules for the establishment of those committees.
There were no comments received regarding the new section.
The new section is adopted under Texas Government Code Chapter 434, §434.0101, which authorizes the commission to establish advisory committees.
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 May 16, 2008.
TRD-200802541
Tina M. Coronado
General Counsel
Texas Veterans Commission
Effective date: June 5, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 463-1981