PART 1. OFFICE OF THE GOVERNOR
CHAPTER 3. CRIMINAL JUSTICE DIVISION
The Office of the Governor, Criminal Justice Division (CJD), adopts the amendment of Title 1, Part 1, Chapter 3, Subchapter A, §§3.1, 3.3, 3.5, 3.7, 3.9, 3.11, 3.21, and 3.25; Subchapter B, §§3.51, 3.73, 3.75, 3.77, 3.79, 3.81, 3.83, and 3.87; Subchapter D, §§3.2001, 3.2009, 3.2013, 3.2021, 3.2023, and 3.2025; Subchapter E, §§3.2501, 3.2505, 3.2507, 3.2509, 3.2513, 3.2517, 3.2519, 3.2521, 3.2523, 3.2525, 3.2527, and 3.2529; Subchapter F, §3.2601 and §3.2603; Subchapter G, §3.8110; and Subchapter J, §3.9400 and §3.9405. All sections, except for §3.5, are adopted without changes to the proposed text as published in the April 10, 2009, issue of the Texas Register (34 TexReg 2325). Section 3.5 is adopted with changes to correct a typographical error in subsection (a).
The Office of the Governor, CJD, adopts the repeal of Title 1, Part 1, Chapter 3, Subchapter A, §3.17 and §3.19; Subchapter B, §§3.53, 3.55 and 3.71; and Subchapter G, Division 3, Governor's S.T.O.P. Violence Against Women Planning Council, §§3.8300, 3.8305, 3.8310, 3.8315, and 3.8320 without changes to the proposal as published in the April 10, 2009, issue of the Texas Register (34 TexReg 2325).
The adopted amendment to §3.1 removes the redundant language to clarify the intended purpose of this section.
The adopted amendment to §3.3 organizes the definitions and updates the outdated definitions relevant to CJD activities.
The adopted amendment to §3.5 removes the outdated and redundant language, as information is already listed in the Texas Register and CJD publications.
The adopted amendments to §3.7 and §3.9 remove the outdated and excessive wording no longer relevant to these sections intended audiences.
The adopted amendment to §3.11 updates the section with the Supplemental Award Acceptance information, and removes excessive language to clarify this section.
The adopted amendment to §3.21 updates the section since grant application and administration require dedicated internet capability.
The adopted amendment to §3.25 removes the excessive wording to clarify the meaning of this section.
The repeal of §3.17 is adopted because the information is already provided per fund source on the Request for Application (RFA) and stated in the CJD Guide to Grants.
The repeal of §3.19 is adopted because it is already referenced in §3.1 of this chapter, the RFA, and the CJD Guide to Grants.
The adopted amendment to §3.51 removes the redundant language, as information is already stated as a condition of Council of Government (COG) contracts with CJD.
The repeal of §3.53 is adopted because the Governor's Juvenile Justice Advisory Council coordinates regularly with the Governor's Office, and as such, the priorities are frequently amended. The priorities are listed in the Office of Juvenile Justice and Delinquency Prevention (OJJDP) Title II, Formula Grant Program's "Three-Year Plan", and in CJD's RFA each grant cycle.
The repeal of §3.55 is adopted because the prohibitions do not apply to and varies across all fund sources. Specific prohibitions are listed per fund source on the RFA and are stated in CJD's Guide to Grants.
The repeal of §3.71 is adopted because the information is redundant and outdated.
The adopted amendment to §3.73 updates the language to provide a succinct explanation of match policy. The information being removed from this section attempts to address every possible question as to match policies. Specific match policies are listed per fund source on the RFA and stated in the CJD Guide to Grants.
The adopted amendment to §3.75 removes excessive wording which obscures this section's intended purpose. The information being removed is already stated in a specific RFA for funding opportunities.
The adopted amendment to §3.77 removes excessive wording which obscures this section's intended purpose. Contracts addressed in this section fall under Texas contract laws.
The adopted amendment to §3.79 removes excessive language and clarifies records maintenance for training courses.
The adopted amendment to §3.81 removes excessive wording, and clarifies the requirement to provide CJD with an itemized list of equipment purchases upon application submission and grant adjustment.
The adopted amendment to §3.83 removes redundant language, as information is provided in §3.3 of this chapter.
The adopted amendment to §3.87 removes outdated information as to the guidelines for program income, and simplifies the requirements in this section.
The adopted amendment to §3.2001 updates outdated information to clarify this section.
The adopted amendment to §3.2009 removes outdated information, as grantees are no longer required to submit a Cooperative Working Agreement (CWA) to CJD.
The adopted amendment to §3.2013 removes excessive and redundant language to align with CJD policies regarding equipment and contractual and professional services.
The adopted amendment to §3.2021 updates outdated information, as new CJD guidelines relating to resolutions apply to only certain entities.
The adopted amendments to §3.2023 and §3.2025 correct minor language in these sections.
The adopted amendment to §3.2501 removes excessive wording and outdated information, as this information is already provided in the CJD Guide to Grants and CJD policies.
The adopted amendment to §3.2505 removes excessive language and updates outdated information related to the audit report requirement.
The adopted amendment to §3.2507 updates outdated information regarding financial status reports, and clarifies when a grantee's funds lapse or liquidate.
The adopted amendment to §3.2509 clarifies the language related to equipment inventory reports.
The adopted amendment to §3.2513 removes excessive wording which obscures this section's intended purpose, as this information is already provided in the CJD Guide to Grants and CJD publications.
The adopted amendment to §3.2517 removes excessive wording, and clarifies when CJD will withhold grant payments.
The adopted amendment to §3.2519 removes outdated wording which obscures this section's intended purpose.
The adopted amendment to §3.2521 removes outdated wording to align with CJD's policies and procedures.
The adopted amendment to §3.2523 removes excessive language related to violations of laws.
The adopted amendment to §3.2525 removes excessive wording to clarify this section.
The adopted amendment to §3.2527 removes excessive and outdated language, as this information is already provided in the CJD Guide to Grants and CJD publications.
The adopted amendment to §3.2529 removes redundant language to clarify this section's intended purpose.
The adopted amendments to §3.2601 and §3.2603 remove outdated and excessive wording to align with CJD's monitoring policies.
The adopted amendment to §3.8110 updates the board member's term of office from two to four years.
The repeal of §§3.8300, 3.8305, 3.8310, 3.8315, and 3.8320 are adopted because the council no longer exists. The council has fulfilled its stated mission per Governor Perry's Executive Order, RP 7; therefore, the rules in this section are being repealed.
The adopted amendment to §3.9400 removes excessive wording related to definitions in this subchapter.
The adopted amendment to §3.9405 updates language to clarify this section.
No comments were received regarding adoption of these amended and repealed rules.
SUBCHAPTER A. GENERAL GRANT PROGRAM PROVISIONS
1 TAC §§3.1, 3.3, 3.5, 3.7, 3.9, 3.11, 3.21, 3.25
The amendment of these rules is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The amended rules implement §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of these rules.
§3.5.Submission Process.
(a) When applying for a grant pursuant to a RFA published in the Texas Register by CJD, applicants must submit and certify their applications according to the requirements provided in the RFA.
(b) CJD may also consider applications for grants that are not submitted pursuant to an RFA. Applicants will be selected in accordance with §3.7(b) of this chapter.
(c) Applicants must apply for funds using the procedures, forms, and certifications prescribed by CJD.
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 June 1, 2009.
TRD-200902146
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
The repeal of these rules is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The repealed rules implement §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the repeal of these 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 June 1, 2009.
TRD-200902147
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
DIVISION 1. ELIGIBILITY REQUIREMENTS
The amendment of this rule is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The amended rule implements §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of this rule.
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 June 1, 2009.
TRD-200902148
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
The repeal of these rules is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The repealed rules implement §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the repeal of these 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 June 1, 2009.
TRD-200902149
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
The repeal of this rule is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The repealed rule implements §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the repeal of this rule.
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 June 1, 2009.
TRD-200902150
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
1 TAC §§3.73, 3.75, 3.77, 3.79, 3.81, 3.83, 3.87
The amendment of these rules is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The amended rules implement §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of these 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 June 1, 2009.
TRD-200902151
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
1 TAC §§3.2001, 3.2009, 3.2013, 3.2021, 3.2023, 3.2025
The amendment of these rules is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The amended rules implement §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of these 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 June 1, 2009.
TRD-200902152
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
1 TAC §§3.2501, 3.2505, 3.2507, 3.2509, 3.2513, 3.2517, 3.2519, 3.2521, 3.2523, 3.2525, 3.2527, 3.2529
The amendment of these rules is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The amended rules implement §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of these 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 June 1, 2009.
TRD-200902153
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
The amendment of these rules is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The amended rules implement §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of these 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 June 1, 2009.
TRD-200902154
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
DIVISION 1. CRIME STOPPERS ADVISORY COUNCIL
The amendment of this rule is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The amended rule implements §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of this rule.
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 June 1, 2009.
TRD-200902155
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
1 TAC §§3.8300, 3.8305, 3.8310, 3.8315, 3.8320
The repeal of these rules is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The repealed rules implement §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the repeal of these 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 June 1, 2009.
TRD-200902156
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
The amendment of these rules is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The amended rules implement §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the amendment of these 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 June 1, 2009.
TRD-200902157
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
DIVISION 1. CRIME STOPPERS PROGRAM CERTIFICATION
1 TAC §§3.9017, 3.9019, 3.9021
The Office of the Governor, Criminal Justice Division (CJD), adopts the addition of Title 1, Part 1, Chapter 3, Subchapter H, §§3.9017, 3.9019, and 3.9021 without changes to the proposed text as published in the April 10, 2009, issue of the Texas Register (34 TexReg 2336). Pursuant to Chapter 414, Texas Government Code, the adopted rules were approved by the Governor's Crime Stoppers Advisory Council (Council) on May 27, 2009.
The adopted amendment to Subchapter H, Division 1, allows the Council to establish procedures for certified local Crime Stoppers programs to follow when a certified program wishes to merge with another certified program or a Crime Stoppers program that is not certified but is a 501(c)(3) corporation, and when a certified program wishes to add a geographical jurisdiction that does not currently have a local Crime Stoppers program.
The adopted addition will enable the Council to more effectively oversee multi-county programs which receive court funds under the provisions of Articles 42.12, 37.073 and 42.152, Code of Criminal Procedure. The Council needs to assure that certified programs have followed all established procedures of the U.S. Internal Revenue Service and the Texas Secretary of State regarding non-profit 501(c)(3) corporations, that the programs are manageable, and that the programs are following the Standard Operating Procedures established by the Council for certified local programs. The amendment provides that any certified local Crime Stoppers program seeking to add counties or cities to its area of operation reapply for certification with the Council since the expanded program would no longer be the same program that the Council originally certified.
No comments were received regarding adoption of the addition of these rules.
The addition of these rules is adopted under §772.006(a)(10), Texas Government Code, which authorizes CJD to adopt rules and procedures as necessary.
The added rules implement §772.006(a), Texas Government Code, which requires CJD to administer state and federal grant programs, and to assist the Governor in developing policies, programs, and proposed legislation for improving the coordination, administration, and effectiveness of the criminal justice system.
No other statutes, articles, or codes are affected by the addition of these 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 June 1, 2009.
TRD-200902158
Kevin Green
Assistant General Counsel
Office of the Governor
Effective date: June 21, 2009
Proposal publication date: April 10, 2009
For further information, please call: (512) 463-1919
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER A. PURCHASED HEALTH SERVICES
DIVISION 19. PSYCHOLOGISTS' SERVICES
The Texas Health and Human Services Commission (HHSC) adopts the amendment to §354.1281, relating to services performed by a licensed psychological associate (LPA) under the direct supervision of a licensed psychologist, without changes to the proposed text as published in the April 3, 2009, issue of the Texas Register (34 TexReg 2211) and will not be republished.
Background and Justification
The Texas State Board of Examiners of Psychologists requires an LPA to work under the supervision of a licensed psychologist and does not allow an LPA to engage in independent practice. Currently, Texas Medicaid does not reimburse licensed psychologists for services provided by an LPA who works under the supervision of a psychologist and does not allow an LPA to enroll as a Medicaid provider.
Medicare allows reimbursement to clinical psychologists for services performed by an LPA under the psychologist's direct supervision. The Code of Federal Regulations (42 CFR §410.71) states that services performed by an LPA are covered under Medicare if: the services are performed under the direct supervision of a licensed psychologist; the licensed psychologist is immediately available to provide assistance and direction throughout the time the service is being performed; and the LPA performing the service is an employee of either the licensed psychologist or the legal entity that employs the licensed psychologist.
The amended rule aligns Medicaid policy with Medicare by allowing a psychologist to be reimbursed for services performed by an LPA when the LPA is under the direct supervision of the licensed psychologist. The amended rule also remains consistent with the Texas State Board of Examiners of Psychologists rules that prohibit an LPA from engaging in independent practice. Allowing Medicaid reimbursement for services provided by an LPA is expected to expand access to behavioral health services because it allows a new provider type to perform Medicaid reimbursable services.
Comments
The 30-day comment period ended May 3, 2009. During this period, HHSC received one comment in support of the proposed amendment. A summary of the comment relating to the proposed amended rule follows.
Comment: Psychologists are fully capable of hiring and assuming responsibility for the work of assistants serving under their supervision. LPAs are perfectly positioned to conduct the technical aspects of psychological evaluations and thereby ensure that more young people who need this service will receive it. Low-income Texans deserve access to the psychological evaluations needed for proper diagnosis and treatment, and psychologists alone cannot meet the need. LPAs can bridge the gap.
Response: HHSC acknowledges these supportive comments.
The amendment is adopted under Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Texas Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas.
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 June 1, 2009.
TRD-200902101
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Effective date: September 1, 2009
Proposal publication date: April 3, 2009
For further information, please call: (512) 424-6900