Aging and Disability Services Council Sharon Swift Butterworth ...

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comment period. When faxing or e-mailing comments, please indicate "Comments on Proposed Rule 11R01" in the subject line. A hearing to accept public comment regarding the proposal will be held at 8:30 a.m., Tuesday, October 18, 2011, in the Public Hearing Room of the John H. Winters Building, 701 W. 51st Street, Austin, Texas. The hearing is being held to comply with the requirements of Texas Government Code, §2001.029(b), in the event a request is made in accordance with that subsection. Persons with disabilities who will need auxiliary aids or services at the hearing are asked to call the Center for Consumer and External Affairs at (512) 438-4563, at least three days before the date of the hearing so appropriate arrangements can be made. - 3 -
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 51 MEDICALLY DEPENDENT CHILDREN PROGRAM SUBCHAPTER B ELLIGIBILITY, ENROLLMENT, AND SERVICES DIVISION 2 ENROLLMENT RULE §51.215 Proposed action: X Amendment STATUTORY AUTHORITY The amendment is 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 section affect Texas Government Code, §531.0055 and §531.021, and Texas Human Resources Code, §161.021. §51.215. Home Visit. After DADS mails the enrollment materials as described in §51.211 of this chapter (relating to Enrollment), the case manager and a DADS RN conduct a home visit to: (1) complete the medical assessment; (2) complete the social assessment; (3) develop the IPC [begin addition] in accordance with: [end addition] [begin deletion] as described in [end deletion] - 4 -
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Aging and Disability Services Counc
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Aging and Disability Services Counc
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SUBJEC CT: Agenda a Item No. : 7a 7
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July 11, 2008/11R12 TITLE 40 SOCIAL
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Legend: [begin addition] Single Und
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(B) whose family intends to apply f
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are not limited to, 24-hour supervi
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(a) of this section, the MRA must p
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TAKINGS IMPACT ASSESSMENT DADS has
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and requires multiagency services.
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(ii) has documentation of a profici
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Agenda Item No. : 7b September 14,
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for each year of the first five yea
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(1) submitting an application for a
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PUBLIC BENEFIT AND COSTS Veronda Du
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possible to test with the same NATC
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(2) written or oral examination as
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easonable accommodations for medica
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(3) The examination must be given a
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(ii) a student enrolled in an accre
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(1) administer a medication by any
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accredited school of nursing. (4) D
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(B) a statement that all of the req
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(2) If, after review, DADS determin
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(9) A permit that is not renewed du
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(I) allowable and prohibited practi
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(A) the issuance of an initial perm
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(B) If a suspension overlaps a rene
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Agenda Item No. : 7c September 14,
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(b) - (e) (No change.) This agency
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(b) - (g) (No change.) This agency
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Convictions Barring Facility Licens
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[begin addition] Denial or Refusal
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(b) - (f) (No change.) This agency
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(C) a controlling person of the app
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Agenda Item No. : 7d September 14,
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September 2, 2011/11R11 TITLE 40 SO
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Jon Weizenbaum, DADS Deputy Commiss
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accordance with §9.157 of this sub
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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
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(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
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in subsection (f), or exceeds the s
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DADS has determined that the propos
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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
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(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
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provided to an individual; (ii) [be
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[begin addition] (III) [end additio
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(relating to Renewal and Revision o
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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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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
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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
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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
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Page 203 and 204: §48.6104. Crisis Intervention Requ
Page 205 and 206: (2) the regulatory reference, if ap
Page 207: FISCAL NOTE Gordon Taylor, DADS Chi
Page 211 and 212: individual's residence. (b) Respite
Page 213: Eligibility Requirements). [end add
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