Aging and Disability Services Council Sharon Swift Butterworth ...

More documents

Recommendations

Info

TITLE 40 SOCIAL SERVICES AND ASSISTANCE PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES CHAPTER 2 MENTAL RETARDATION AUTHORITY RESPONSIBILITIES The Health and Human Services Commission (HHSC) proposes, on behalf of the Department of Aging and Disability Services (DADS), an amendment to §2.315, concerning MRA administrative functions, in Chapter 2, Mental Retardation Authority Responsibilities. BACKGROUND AND PURPOSE The purpose of the amendment is to remove the requirement that a mental retardation authority (MRA) administer the In-Home and Family Support Program--Mental Retardation (IHFS-MR Program) in its local service area. The 82nd Legislature, Regular Session, 2011, passed a budget for fiscal years 2012 and 2013 that eliminated funding for the IHFS-MR Program. The responsibility of an MRA to administer the program ends September 1, 2011. SECTION-BY-SECTION SUMMARY The proposed amendment to §2.315 removes the requirement that an MRA administer the IHFS- MR Program and corrects unclear language. FISCAL NOTE Gordon Taylor, DADS Chief Financial Officer, has determined that, for the first five years the proposed amendment is in effect, enforcing or administering the amendment does not have foreseeable implications relating to costs or revenues of state or local governments. SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSIS DADS has determined that the proposed amendment will not have an adverse economic effect on small businesses or micro-businesses, because the amendment affects only an MRA, which is not a small business or micro-business. PUBLIC BENEFIT AND COSTS Gary Jessee, DADS Assistant Commissioner for Access and Intake, has determined that, for each year of the first five years the amendment is in effect, the public benefit expected as a result of enforcing the amendment is that rules requiring an MRA to administer a program that is no longer funded by the state legislature will be eliminated. Mr. Jessee anticipates that there will not be an economic cost to persons who are required to comply with the amendment. The amendment will not affect a local economy. - 10 -
TAKINGS IMPACT ASSESSMENT DADS has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code, §2007.043. PUBLIC COMMENT Questions about the content of this proposal may be directed to Marcia Shultz at (512) 438-3532 in DADS Access and Intake. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services11R12, Department of Aging and Disability Services W-615, P.O. Box 149030, Austin, Texas 78714-9030, or street address 701 West 51st St., Austin, TX 78751; faxed to (512) 438-5759; or e-mailed to rulescomments@dads.state.tx.us. To be considered, comments must be submitted no later than 30 days after the date of this issue of the Texas Register. The last day to submit comments falls on a Sunday; therefore, comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered to DADS before 5:00 p.m. on DADS last working day of the comment period; or (3) faxed or emailed by midnight on the last day of the comment period. When faxing or e-mailing comments, please indicate "Comments on Proposed Rule 11R12" in the subject line. - 11 -
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 and 14: are not limited to, 24-hour supervi
Page 15: (a) of this section, the MRA must p
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 59 and 60: TAKINGS IMPACT ASSESSMENT DADS has
Page 61 and 62: (b) - (e) (No change.) This agency
Page 63 and 64: TAKINGS IMPACT ASSESSMENT DADS has
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,
Page 85 and 86:
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
Page 93 and 94:
(B) ensure the electronically trans
Page 95 and 96:
individual's authorized IPC. (e) A
Page 97 and 98:
must be revised; and (C) upon reque
Page 99 and 100:
(E) for physical therapy, 30 hours;
Page 101 and 102:
after a review of the request submi
Page 103 and 104:
equested services will be denied or
Page 105 and 106:
in subsection (f), or exceeds the s
Page 107 and 108:
DADS has determined that the propos
Page 109 and 110:
Legend: [begin addition] Single Und
Page 111 and 112:
(8) Business day--A day when DADS s
Page 113 and 114:
(v) dental sedation, which is sedat
Page 115 and 116:
(II) planning or preparing meals fo
Page 117 and 118:
significantly sub-average general i
Page 119 and 120:
and (E) transportation between the
Page 121 and 122:
espite on the same day the individu
Page 123 and 124:
(67) Specialized registered nursing
Page 125 and 126:
[begin addition] (13) [end addition
Page 127 and 128:
(1) verify that the individual resi
Page 129 and 130:
(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
Page 135 and 136:
(relating to Renewal and Revision o
Page 137 and 138:
in accordance with §45.403(c) of t
Page 139 and 140:
(relating to Renewal and Revision o
Page 141 and 142:
(d) If the individual or LAR, case
Page 143 and 144:
(ii) the IPPs; and (I) the individu
Page 145 and 146:
determination and sends written not
Page 147 and 148:
y the health and human services age
Page 149 and 150:
TITLE 40 SOCIAL SERVICES AND ASSIST
Page 151 and 152:
(C) complete Part C of the Adaptive
Page 153 and 154:
[begin deletion] (b) The DSA must o
Page 155 and 156:
e within the agency's legal authori
Page 157 and 158:
[(B) the individual's IPP as descri
Page 159 and 160:
(D) documentation regarding bids as
Page 161 and 162:
(e) The person who developed the sp
Page 163 and 164:
[(1)] completes [begin addition] tr
Page 165 and 166:
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
Page 171 and 172:
TITLE 40 SOCIAL SERVICES AND ASSIST
Page 173 and 174:
September 1, 2013. The proposed ame
Page 175 and 176:
agency determined that small and mi
Page 177 and 178:
of action. [begin addition] (2) Den
Page 179 and 180:
[begin deletion] or additional modi
Page 181 and 182:
(2) supplement rather than replace
Page 183 and 184:
[begin addition] (A) [end addition]
Page 185 and 186:
[begin addition] (A) [end addition]
Page 187 and 188:
Services (DHS) work days of [end de
Page 189 and 190:
(2) Specialized therapy services (o
Page 191 and 192:
ISP year, the maximum service ceili
Page 193 and 194:
[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
Page 205 and 206:
(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
show all

Aging and Disability Services Council Sharon Swift Butterworth ...

Create successful ePaper yourself

Delete template?

Save as template?