Aging and Disability Services Council Sharon Swift Butterworth ...

e within the agency's legal authority to adopt.
Issued in Austin, Texas, on .
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 2 MINOR HOME MODIFICATINS
RULE §45.612, §45.613, §45.614, §45.615, §45.616, §45.617
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.
§45.612. Authorization Limit for Minor Home Modifications and Amount for Repair and
Maintenance.
(a) Except as provided in subsection (b) of this section, the maximum amount DADS
authorizes as payment to a DSA for all minor home modifications provided to an individual is
[begin addition] $7,515 [end addition] [begin deletion] $10,000 [end deletion] [begin addition]
during the time period the individual is enrolled in the CLASS Program, [end addition] [begin
deletion] for the lifetime of the individual [end deletion] [begin addition] 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 for the same time period in accordance
with §45.219(d)(1)(A) of this chapter [end addition].
(b) In addition to the [begin addition] $7,515 [end addition] [begin deletion] $10,000 [end
deletion] authorization limit described in subsection (a) of this section, DADS may authorize up
to $300 per IPC period for repair and maintenance of minor home modifications purchased
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