Aging and Disability Services Council Sharon Swift Butterworth ...

TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 45 COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES
SUBCHAPTER F ADAPTIVE AIDS AND MINOR HOME MODIFICATIONS
DIVISION 1 ADAPTIVE AIDS
RULE §45.602, §45.604, §45.605, §45.606, §45.609
Proposed action:
X Amendment
STATUTORY AUTHORITY
The amendments are proposed 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.
The amendments affect Texas Government Code, §531.0055 and §531.021, and Texas Human
Resources Code, §161.021
§45.602. Authorization Limit for Adaptive Aids and Amount for Repair and Maintenance.
(a) [begin addition] Except as provided in subsection (b) of this section, the [end addition]
[begin deletion] The [end deletion] maximum amount DADS authorizes as payment to a DSA
for all adaptive aids and dental treatment combined [begin addition] for an individual [end
addition] is [begin addition] $6,935 per IPC period, unless an exception is granted by DADS in
accordance with §45.219(c) of this chapter (relating to Exception to Service Limits), in which
case the maximum amount is $10,000 per IPC period in accordance with §45.219(d)(1)(A) of
this chapter [end addition] [begin deletion] for an individual, except as provided in subsection (b)
of this section [end deletion].
(b) To request authorization for repair and maintenance of an adaptive aid up to $300 per IPC
period, a DSA is not required to follow the process described in §45.603 of this division (relating
to Requirements For Authorization to Purchase an Adaptive Aid Costing Less Than $500) but
must include the amount requested on an individual's IPC as described in §45.214 of this chapter
(relating to Development of Enrollment IPC) or §45.223 of this chapter (Renewal and Revision
of an IPC).
(c) A DSA must follow the process for requesting authorization to purchase an adaptive aid as
described in §45.603 of this division if:
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