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Aging and Disability Services Council Sharon Swift Butterworth ...

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Legend:<br />

[begin addition] Single Underline [end addition] = Proposed new language<br />

[begin deletion] Strikethrough <strong>and</strong> brackets [end deletion] = Current language proposed for<br />

deletion<br />

Regular print = Current language<br />

(No change.) = No changes are being considered for the designated subdivision.<br />

TITLE 40 SOCIAL SERVICES AND ASSISTANCE<br />

PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES<br />

CHAPTER 45 COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES<br />

SUBCHAPTER A GENERAL PROVISIONS<br />

RULE §45.103<br />

Proposed action:<br />

X Amendment<br />

STATUTORY AUTHORITY<br />

The amendment is proposed under Texas Government Code, §531.0055, which provides that the<br />

HHSC executive commissioner shall adopt rules for the operation <strong>and</strong> provision of services by<br />

the health <strong>and</strong> human services agencies, including DADS; Texas Human Resources Code,<br />

§161.021, which provides that the <strong>Aging</strong> <strong>and</strong> <strong>Disability</strong> <strong>Services</strong> <strong>Council</strong> shall study <strong>and</strong> make<br />

recommendations to the HHSC executive commissioner <strong>and</strong> the DADS commissioner regarding<br />

rules governing the delivery of services to persons who are served or regulated by DADS; <strong>and</strong><br />

Texas Government Code, §531.021, which provides HHSC with the authority to administer<br />

federal funds <strong>and</strong> plan <strong>and</strong> direct the Medicaid program in each agency that operates a portion of<br />

the Medicaid program.<br />

The amendment affects Texas Government Code, §531.0055 <strong>and</strong> §531.021, <strong>and</strong> Texas Human<br />

Resources Code, §161.021.<br />

§45.103. Definitions.<br />

The following words <strong>and</strong> terms, when used in this chapter, have the following meanings, unless<br />

the context clearly indicates otherwise:<br />

(1) Actively involved--Significant, ongoing, <strong>and</strong> supportive involvement with an individual<br />

by a person, as determined by the individual, based on the person's:<br />

(A) interactions with the individual;<br />

(B) availability to the individual for assistance or support when needed; <strong>and</strong><br />

(C) knowledge of, sensitivity to, <strong>and</strong> advocacy for the individual's needs, preferences,<br />

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