Aging and Disability Services Council Sharon Swift Butterworth ...

Legend:
[begin addition] Single Underline [end addition] = Proposed new language
[begin deletion] Strikethrough and brackets [end deletion] = Current language proposed for
deletion
Regular print = Current language
(No change.) = No changes are being considered for the designated subdivision.
TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 48 COMMUNITY CARE FOR AGED AND DISABLED
SUBCHAPTER J COMMUNITY BASED ALTERNATIVES (CBA) PROGRAM
RULE §§48.6002, 48.6003, 48.6006, 48.6010, 48.6026, 48.6052, 48.6068,
48.6078, 48.6084, 48.6085, 48.6090, 48.6092, 48.6098, 48.6100, 48.6102,
48.6104, 48.6109, 48.6110
Proposed action:
X New
X Amendment
STATUTORY AUTHORITY
The amendments and new sections 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 and new sections affect Texas Government Code, §531.0055 and §531.021,
and Texas Human Resources Code, §161.021.
§48.6002. Community Based Alternatives (CBA) Definitions.
The following words and terms, when used in this subchapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Advance notice--A statement of the action the state intends to take provided in writing to
the individual or the individual's authorized representative; and advises them of the right to a
hearing, the method by which a hearing may be obtained, and that the individual may represent
himself, or use legal counsel, a relative, a friend, or other spokesperson. The Texas Department
of Human Services (DHS) must provide a notice to the individual at least 10 days before the date
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