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

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§106.1423. Eligibility. (a) To be eligible to receive services under this subchapter, an applicant must: (1) have a visual impairment; (2) reside in Texas; and (3) be 18 years of age or younger. (b) A person at least 18 years of age but under age 22 who meets the criteria in subsection (a)(1) and (2) of this section and who is enrolled in a secondary school may receive services under this subchapter if DARS DBS determines that children's services are appropriate for the person. (c) Eligibility requirements are applied without regard to the age, gender, race, color, creed, or national origin of the applicant. (d) Funding and providing services may be restricted by other criteria in the rules of this subchapter. §106.1425. Prior Authorization of Services. DARS DBS does not pay for any service that has not been authorized in advance. §106.1427. Assessment. (a) DARS DBS completes a comprehensive assessment to collect information to develop a family service plan that is designed to achieve the consumer's and family's habilitation goals. (b) The comprehensive assessment gathers information in all the core service areas to determine the need for medical, educational, developmental, social, or other services. Information to form a complete assessment is gathered by: (1) taking history of the child; (2) observing the child; (3) identifying the child's needs; and (4) gathering information from other sources, such as family members, medical providers; and educators. §106.1429. Family Service Plan. (a) DARS DBS develops a family service plan jointly with the child's parent when it has been determined that the child needs habilitation services. (b) The family service plan 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. §106.1431. Case Closure. (a) DARS DBS closes a child's case when: (1) the child is no longer eligible under §106.1423 of this subchapter (relating to Eligibility); (2) the child's planned services have been completed; (3) the child cannot be located; (4) the child has died; or (5) the parent refuses to cooperate with DARS DBS. (b) DARS DBS must inform the child's parent of its intent to close the child's case by sending a letter to the parent's last known address. No notice is sent if the case is being closed because of the death of the child. §106.1433. Reopening Closed Cases. (a) A case may be reopened if the child's visual condition has worsened or the child needs additional habilitative services. (b) A case must not be reopened for the sole purpose of providing routine eye exams, glasses, contact lenses, or treatment such as drops for glaucoma and conjunctivitis, unless the BCVDD Program specialist suspects that a child's vision is threatened because of abuse or medical neglect. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt. Filed with the Office of the Secretary of State on March 5, 2013. TRD-201300985 Sylvia F. Hardman General Counsel Department of Assistive and Rehabilitative Services Earliest possible date of adoption: April 21, 2013 For further information, please call: (512) 424-4050 ♦ ♦ ♦ DIVISION 3. SERVICES 40 TAC §§106.1441, 106.1443, 106.1445, 106.1447, 106.1449, 106.1451, 106.1453, 106.1455, 106.1457, 106.1459, 106.1461, 106.1463 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. §106.1441. Scope of Services. Services in this Division that are not case management services, with the exception of purchasing copies of existing records, are subject to application of Division 4 of this subchapter (relating to Economic Resources and Consumer Participation) and Division 5 of this subchapter (relating to Methods of Administration of BCVDD Program). §106.1443. Assessment. DARS DBS may pay for medical and diagnostic assessments jointly agreed to by the BCVDD specialist and parent that are necessary to determine the eligibility of a child and to initiate a service plan upon a finding of eligibility. §106.1445. Physical Examinations and Other Medical Specialty Examinations. DARS DBS may pay for physical examinations and other necessary medical specialty examinations jointly agreed to by the BCVDD Program specialist and parent when the BCVDD Program specialist determines that the examination is necessary for the child to participate in planned services. §106.1447. Diagnostic Evaluations. DARS DBS may provide nonmedical diagnostic evaluations that are necessary to plan developmental services only for children receiving habilitation services and if jointly agreed to by the BCVDD Program specialist and parent. §106.1449. Restoration. PROPOSED RULES March 22, 2013 38 TexReg 1963
The BCVDD Program pays for restoration services that are necessary to correct or substantially modify a child's eye condition within a reasonable period of time. §106.1451. Travel. (a) The BCVDD Program may pay for travel services for the child and parents or travel companions when travel is necessary for services under this subchapter. (b) Travel services available to the child's parents or travel companions without cost to DARS DBS must be used first. §106.1453. Child Care. The BCVDD Program pays for child-care services provided only for parents of children receiving habilitation services and only to allow the family to participate in services that are expected to substantially contribute to the child's ability to benefit from habilitation services. §106.1455. Habilitation. DARS DBS may provide the following habilitation services only for a child and/or the family of a child who meets the definition of a "permanent severely visually impaired child": (1) adjustment to blindness services; (2) independent living skills; (3) travel; (4) communication; (5) support systems; and (6) vocational discovery and development. §106.1457. Case Management Services. (a) Case management contacts on behalf of any eligible child under age 21 are subject to this subchapter, regardless of the family's ability to pay. (b) Case management means services provided under this subchapter to help BCVDD Program-eligible children gain access to medical, social, educational, vocational, and other appropriate services to help them reach or maintain an optimal level of functioning in a community-based setting. Case management includes: (1) coordinating the performance of evaluations and assessments including eye exams, eye specialty exams, and/or exams under anesthesia; arranging for other medical or nonmedical diagnostics; helping the family understand the results of diagnostic examinations; and communicating the results of diagnostic evaluations and assessments to educators and other professionals involved with the child; (2) facilitating the development, review, and evaluation of the family service plan in accordance with §106.1427 of this subchapter (relating to Assessment) and DARS DBS procedures; the plan is based on the child's applicable history and identified needs, the parent's input, and the results of all evaluations and assessments; (3) helping the family identify available service providers and making appropriate referrals to obtain services from medical, social, and educational providers to address identified needs and achieve goals; (4) following up with the family to help with timely access to services, to discuss the disposition of the referral with the family, and to determine if the services have met the child's needs; (5) monitoring and reassessing the delivery and effectiveness of services through contacts with the child, family members, school staff members, and service providers as frequently as necessary and at least annually to determine if: (A) services are being provided in accordance with the family service plan; (B) services are adequate; and (C) when the child has new needs or there are changes in the needs of the child, the family service plan and service arrangements are adjusted to address the identified needs; (6) facilitating the child's transition to educational, habilitative, or vocational services as appropriate; (7) documenting all case management activities, the child's and family's response to case management, whether the child and family have declined any services in the plan, and coordination with other case management providers. Case management may be delivered face-to-face or by tele- (c) phone. (1) Contacts are billable when the interaction: (A) is with an eligible child, and/or the child's parent, the child's caregiver, or other people directly related to identifying the eligible child's needs; (B) helps the eligible child access services; (C) identifies needs and supports to help the eligible child obtain services; provides the BCVDD Program Specialist with use- (D) ful feedback; or (E) alerts the BCVDD Program Specialist to changes in the eligible child's needs. (2) Contacts are billable to the family according to §106.1463 of this subchapter (relating to Case Management Reimbursement Charges). (d) Case management services are not billable to Medicaid when another payor is liable for payment or when case management services are associated with the proper and efficient administration of the state plan. Case management services associated with the following are not payable as optional case management services under Medicaid and may not be billed to families of children not receiving Medicaid: (1) Medicaid eligibility determinations and redeterminations; (2) Medicaid eligibility intake processing; (3) Medicaid preadmission screening; (4) prior authorization for Medicaid services; (5) required Medicaid utilization review; (6) Texas Health Steps program administration; (7) Medicaid "lock-in" provided for under the Social Security Act, §1915(a); (8) services that are an integral or inseparable part of another Medicaid service; (9) outreach activities that are designed to locate people who are potentially eligible for Medicaid; and (10) any medical evaluation, examination, or treatment billable as a distinct Medicaid-covered benefit. 38 TexReg 1964 March 22, 2013 Texas Register
Page 1 and 2: Volume 38 Number 12 March 22, 2013
Page 3 and 4: GOVERNOR IN THIS ISSUE Appointments
Page 5 and 6: Texas Ethics Commission List of Lat
Page 7 and 8: Appointments Appointments for Febru
Page 9 and 10: Advisory Opinion Requests AOR-578.
Page 11 and 12: ing the license of a delinquent obl
Page 13 and 14: and adds the following civil case t
Page 15 and 16: the cenotaph is of inferior quality
Page 17 and 18: Matagorda proposes to adopt the ERP
Page 19 and 20: The Board has determined that the p
Page 21 and 22: Vehicle permits may not be moved fr
Page 23 and 24: DIVISION 3. DIVISION FOR EARLY CHIL
Page 25 and 26: As a result of the four-year rule r
Page 27 and 28: 40 TAC §§106.1485, 106.1487, 106.
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Page 35 and 36: SUBCHAPTER B. PROCEDURAL SAFEGUARDS
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Page 39 and 40: To qualify for an exemption from Gr
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Page 43 and 44: ing the applicant from the examinat
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Page 49 and 50: Bureau for Private Postsecondary an
Page 51 and 52: Response: The board agrees and has
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Dirk Johnson General Counsel Texas
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County Erosion Response Plan (ERP),
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Larry Laine Chief Clerk, Deputy Lan
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without an operator. Those items li
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TABLES AND GRAPHICS March 22, 2013
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TABLES AND GRAPHICS March 22, 2013
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call center and related services, o
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failing to submit to the TCEQ by Ju
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an actual or potential contaminatio
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Information concerning any aspect o
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An agreed order was entered regardi
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A default and shutdown order was en
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Notice issued March 6, 2013. APPLIC
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Glen F. Fuller, Plumbers PAC, 11501
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The Health and Human Services Commi
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TRD-201301021 Lisa Hernandez Genera
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E. Serial Number - A unique 14 (fou
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the Ticket, the Executive Director
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NUMBERS Play Symbols to any of the
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The term of this contract was for t
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March 22 issue (all sections) - Texas Secretary of State

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