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of application. (d) Written plan. When IHFS-MR Program funds are available, the MRA staff must identify the person or family with the earliest date of eligibility and ensure a written plan is developed and approved for the person or family. A written plan covers the fiscal year in which it is developed. The written plan describes how assistance will be used and the responsibilities of the recipient and the MRA. (e) Disbursement of assistance. After approving the written plan, the MRA must disburse assistance in accordance with the written plan. The amount of assistance is based on the cost of the item minus the required co-payment amount, but not to exceed the maximum amount of assistance for the program as determined by DADS. The eligible person may qualify for one or both of the following categories of assistance: (1) a fiscal-year amount for items approved in the written plan; and (2) a one-time grant for architectural modifications and the purchase or lease of special equipment in the approved written plan. (f) Follow-up evaluation. The MRA must conduct a follow-up evaluation after completion of the written plan to determine if the recipient's stated goal and outcome have been achieved and if an additional need has been identified by the recipient. (g) Change in a recipient's eligibility factor. A recipient must notify the MRA within 10 days after an eligibility factor changes (i.e., diagnosis, residency, financial, or need), as described in §1.407(a) of this subchapter. If notified that an eligibility factor has changed, the MRA must determine, within 30 days after notification, if the recipient continues to be eligible for assistance in accordance with §1.407 of this subchapter. If the MRA determines that the recipient is not eligible for assistance, then the MRA must terminate assistance. A recipient whose assistance has been terminated in accordance with this subsection is entitled to appeal the determination of ineligibility in accordance with §1.411 of this subchapter (relating to Appeal). (h) Penalty. (1) The MRA may impose one or more of the following penalties on a recipient if the recipient does not comply with his or her written plan: (A) immediate termination of assistance; (B) restitution of assistance received; and (C) ineligibility for further assistance. (2) A recipient who has been penalized in accordance with paragraph (1) of this subsection is entitled to appeal the determination to impose a penalty in accordance with §1.411 of this subchapter.] [§1.411. Appeal. (a) Determinations subject to appeal. Only the following MRA determinations may be appealed: (1) the determination to deny assistance for a specific item that is permitted under §1.405 of this subchapter (relating to Provision of Assistance); (2) the determination that a person is not eligible for assistance under §1.407 of this subchapter (relating to Eligibility Determination); (3) the determination that a recipient is no longer eligible for assistance under §1.409(g) of this subchapter (relating to Administrative Implementation); and (4) the determination to impose a penalty under §1.409(h) of this subchapter. (b) Written notification. Within 14 days after making a determination described in subsection - 8 -
(a) of this section, the MRA must provide written notification to the person or family that includes: (1) the MRA's determination and the reason for the determination; (2) a statement that the person or family may appeal the determination; (3) the procedures for requesting an appeal, including the required information; (4) a statement that the request for appeal must be received within 30 days after receipt of the written notification; and (5) a description of the appeal and review process. (c) Appeal and review process. (1) The appeal is conducted in accordance with §2.46(g) of this title (relating to Notification and Appeals Process) and includes a review of this subchapter and policies governing the IHFS-MR Program. The MRA must notify the appellant in writing of the appeal decision in accordance with §2.46(h) of this title. (2) The MRA must take action consistent with the appeal decision. [end deletion] 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. Issued in Austin, Texas, on . - 9 -
Page 1 and 2: Aging and Disability Services Counc
Page 3 and 4: Aging and Disability Services Counc
Page 5 and 6: SUBJEC CT: Agenda a Item No. : 7a 7
Page 7 and 8: July 11, 2008/11R12 TITLE 40 SOCIAL
Page 9 and 10: Legend: [begin addition] Single Und
Page 11 and 12: (B) whose family intends to apply f
Page 13: are not limited to, 24-hour supervi
Page 17 and 18: TAKINGS IMPACT ASSESSMENT DADS has
Page 19 and 20: and requires multiagency services.
Page 21 and 22: (ii) has documentation of a profici
Page 23 and 24: Agenda Item No. : 7b September 14,
Page 25 and 26: for each year of the first five yea
Page 27 and 28: (1) submitting an application for a
Page 29 and 30: PUBLIC BENEFIT AND COSTS Veronda Du
Page 31 and 32: possible to test with the same NATC
Page 33 and 34: (2) written or oral examination as
Page 35 and 36: easonable accommodations for medica
Page 37 and 38: (3) The examination must be given a
Page 39 and 40: (ii) a student enrolled in an accre
Page 41 and 42: (1) administer a medication by any
Page 43 and 44: accredited school of nursing. (4) D
Page 45 and 46: (B) a statement that all of the req
Page 47 and 48: (2) If, after review, DADS determin
Page 49 and 50: (9) A permit that is not renewed du
Page 51 and 52: (I) allowable and prohibited practi
Page 53 and 54: (A) the issuance of an initial perm
Page 55 and 56: (B) If a suspension overlaps a rene
Page 57 and 58: Agenda Item No. : 7c September 14,
Page 61 and 62: (b) - (e) (No change.) This agency
Page 65 and 66:
(b) - (g) (No change.) This agency
Page 67 and 68:
TAKINGS IMPACT ASSESSMENT DADS has
Page 69 and 70:
Convictions Barring Facility Licens
Page 71 and 72:
Page 73 and 74:
[begin addition] Denial or Refusal
Page 75 and 76:
Page 77 and 78:
(b) - (f) (No change.) This agency
Page 79 and 80:
Page 81 and 82:
(C) a controlling person of the app
Page 83 and 84:
Agenda Item No. : 7d September 14,
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September 2, 2011/11R11 TITLE 40 SO
Page 87 and 88:
Jon Weizenbaum, DADS Deputy Commiss
Page 89 and 90:
accordance with §9.157 of this sub
Page 91 and 92:
United States mail and provide an o
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(B) ensure the electronically trans
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individual's authorized IPC. (e) A
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must be revised; and (C) upon reque
Page 99 and 100:
(E) for physical therapy, 30 hours;
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after a review of the request submi
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equested services will be denied or
Page 105 and 106:
in subsection (f), or exceeds the s
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DADS has determined that the propos
Page 109 and 110:
Legend: [begin addition] Single Und
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(8) Business day--A day when DADS s
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(v) dental sedation, which is sedat
Page 115 and 116:
(II) planning or preparing meals fo
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significantly sub-average general i
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and (E) transportation between the
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espite on the same day the individu
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(67) Specialized registered nursing
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[begin addition] (13) [end addition
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(1) verify that the individual resi
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(1) assign a registered nurse to pe
Page 131 and 132:
provided to an individual; (ii) [be
Page 133 and 134:
[begin addition] (III) [end additio
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(relating to Renewal and Revision o
Page 137 and 138:
in accordance with §45.403(c) of t
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(relating to Renewal and Revision o
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(d) If the individual or LAR, case
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(ii) the IPPs; and (I) the individu
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determination and sends written not
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y the health and human services age
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TITLE 40 SOCIAL SERVICES AND ASSIST
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(C) complete Part C of the Adaptive
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[begin deletion] (b) The DSA must o
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e within the agency's legal authori
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[(B) the individual's IPP as descri
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(D) documentation regarding bids as
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(e) The person who developed the sp
Page 163 and 164:
[(1)] completes [begin addition] tr
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K of this title (relating to Minimu
Page 167 and 168:
the date. DADS applies the error to
Page 169 and 170:
authorized by DADS, unless purchase
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TITLE 40 SOCIAL SERVICES AND ASSIST
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September 1, 2013. The proposed ame
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agency determined that small and mi
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of action. [begin addition] (2) Den
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[begin deletion] or additional modi
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(2) supplement rather than replace
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[begin addition] (A) [end addition]
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[begin addition] (A) [end addition]
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Services (DHS) work days of [end de
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(2) Specialized therapy services (o
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ISP year, the maximum service ceili
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[end addition] [DHS] applies the er
Page 195 and 196:
the [begin addition] HCSSA [end add
Page 197 and 198:
of the amount on the [begin additio
Page 199 and 200:
deletion] does not meet the medical
Page 201 and 202:
deletion] or its designee receives
Page 203 and 204:
§48.6104. Crisis Intervention Requ
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(2) the regulatory reference, if ap
Page 207 and 208:
FISCAL NOTE Gordon Taylor, DADS Chi
Page 209 and 210:
Legend: [begin addition] Single Und
Page 211 and 212:
individual's residence. (b) Respite
Page 213:
Eligibility Requirements). [end add
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