March 22 issue (all sections) - Texas Secretary of State

40 TAC §§106.1401, 106.1403, 106.1405, 106.1407,
106.1409, 106.1411, 106.1413, 106.1415
STATUTORY AUTHORITY
The new rules are proposed under the authority of Texas Human
Resources Code, Chapters 91 and 117, and in accordance with
HHSC's statutory rulemaking authority under Texas Government
Code, Chapter 531, §531.0055(e), which provides the executive
commissioner of the Texas Health and Human Services Commission
with the authority to promulgate rules for the operation
and provision of health and human services agencies.
No other statute, article, or code is affected by this proposal.
§106.1401. Purpose.
The Blind Children's Vocational Discovery and Development Program
(BCVDD Program) is administered by the Department of Assistive and
Rehabilitative Services (DARS), Division for Blind Services (DBS).
The purpose of the BCVDD Program is to supplement services provided
by other state agencies to children who are blind and visually
impaired.
§106.1403. Legal Authority.
The following statutes and regulations authorize or require the rules in
this subchapter:
(1) Texas Human Resources Code, §91.028; and
(2) Texas Human Resources Code, §117.073.
§106.1405. Definitions.
The following words and terms, when used in this subchapter, have the
following meanings unless the context clearly indicates otherwise.
(1) Allowable costs--Expenses relating to case management
services that are reasonable and necessary in the normal conduct
of operations.
(2) Blind--A visual loss that results in the best corrected
visual acuity of 20/200 or less in the better eye, or a visual loss that
results in a limitation in the field of vision such that the widest diameter
of the visual field subtends an angle no greater than 20 degrees, which
means a field of view no greater than 20 degrees in the better eye.
(3) Case management--Assisting an eligible child under
this subchapter in gaining access to medical, social, educational,
vocational, and other appropriate services to help the child reach or
maintain an optimal level of functioning in a community-based setting.
(4) Case management bundled monthly rate--A prospective
rate based on the average monthly cost of providing case management
services for an eligible child under this subchapter.
(5) Case note--A record of significant interactions in the
provision of services. Case notes should document:
(A) the place of service;
(B) who was present when the service was provided;
(C) the BCVDD Program Specialist's participation in
the provision of services;
(D) the relationship of the services provided to the
child's plan of care/identified needs;
(E) a summary of the child's response to services provided
and observations of skills assessed;
(F) impact of the identified need on the consumer; and
(G) the plan for services to meet the identified needs or
account of follow-up on services delivered.
(6) Comparable services and benefits--Any service, benefit,
or resource available to a child from another public or private source
that provides in whole or in part the services that the child would otherwise
receive from DARS DBS.
(7) Comprehensive Assessment--An assessment, completed
by the BCVDD Program specialist, for each consumer, in order
to identify and describe the consumer's and family's needs.
(8) Consumer--A child and/or family of a child with a visual
impairment who has applied for, or who is receiving BCVDD Program
services.
(9) Contact--An action taken by a BCVDD Program specialist
on behalf of an eligible child under this subchapter to locate,
coordinate, and monitor necessary and appropriate services with a specific
person or organization. A contact may be face-to-face or by telephone.
(10) Core Service Areas--Service areas that all consumers
need to master in order to successfully achieve personal and vocational
goals, including: Adjustment to Blindness, Independent Living skills,
Travel skills, Communication skills, Support Services, and Vocational
Discovery and Development.
(11) Deafblind--A combined loss of vision and hearing that
significantly affects access to communication, learning, socialization,
activities of daily living, and mobility.
(12) Developmental services--Services that increase the
capabilities and functional abilities of a child in a noneducational
setting.
(13) Educational support services--Services that help a
child gain the maximum benefit from educational services provided
by others.
(14) Family service plan--A formal plan that is responsive
to the child's needs; is developed and approved by the BCVDD Program
specialist, family, and/or child; and contains a description of the
child's planned services, agreements between the parent and DARS
DBS, and other information necessary to administer the provisions of
this subchapter.
(15) Federal poverty guidelines--The poverty guidelines
updated periodically in the Federal Register by the U.S. Department of
Health and Human Services under the authority of 42 U.S.C. §9902(2).
(16) Habilitation services--Services that develop a severely
visually impaired child's skills for independent living and potential employment.
(17) Nonsevere visual loss--A visual acuity in which one
eye meets the definition of blind or severe visual loss and the acuity
in the other eye with best correction is better than 20/70, or the visual
acuity in both eyes with best correction is better than 20/70.
(18) Parent--The child's natural or adoptive parent; or the
spouse of the child's natural or adoptive parent; or the child's guardian
or surrogate parent; or the spouse of the guardian or surrogate parent;
or a person or spouse of the person who is acting as the child's parent.
The person who is authorized to sign the application and plan, and who
is authorized to make decisions regarding the child's services.
(19) Permanent severely visually impaired child--A child
with a visual impairment that has resulted in a permanent condition of
blindness or severe visual loss; or a child who has been certified as
blind or severely visually impaired by a local education agency; or a
child who has been determined to be functioning as a person who is
blind or who has a severe visual loss.
PROPOSED RULES March 22, 2013 38 TexReg 1961