Aging and Disability Services Council Sharon Swift Butterworth ...

[begin addition] (A) [end addition] §51.217 of this chapter (relating to Individual Plan of
Care); and
[begin addition] (B) §51.231 of this chapter (relating to Service Limitations); and [end
addition]
(4) assist the family in completing the application for Medicaid, if necessary.
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 .
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 3 SERVICES
RULE §51.231, §51.232
Proposed action:
X Amendment
X New
STATUTORY AUTHORITY
The amendments and new section 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 section affect Texas Government Code, §531.0055 and §531.021, and
Texas Human Resources Code, §161.021.
§51.231. Service Limitations.
(a) General. The individual or the individual's parent or guardian may not ask the provider to
provide MDCP services to any other household member while serving the individual in the
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