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Aging and Disability Services Council Sharon Swift Butterworth ...

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July 11, 2008/11R12<br />

TITLE 40 SOCIAL SERVICES AND ASSISTANCE<br />

PART 1 DEPARTMENT OF AGING AND DISABILITY SERVICES<br />

CHAPTER 1 STATE MENTAL RETARDATION AUTHORITY RESPONSIBILITIES<br />

The Health <strong>and</strong> Human <strong>Services</strong> Commission (HHSC) proposes, on behalf of the Department of<br />

<strong>Aging</strong> <strong>and</strong> <strong>Disability</strong> <strong>Services</strong> (DADS), the repeal of Subchapter I, governing the In-Home <strong>and</strong><br />

Family Support Mental Retardation Program, in Chapter 1, State Mental Retardation Authority<br />

Responsibilities.<br />

BACKGROUND AND PURPOSE<br />

The purpose of the repeal is to remove rules concerning the In-Home <strong>and</strong> Family Support Mental<br />

Retardation (IHFS-MR) Program. The 82nd Legislature, Regular Session, 2011, passed a budget<br />

for fiscal years 2012 <strong>and</strong> 2013 that eliminated funding for the IHFS-MR program. The<br />

responsibility of a local mental retardation authority (MRA) to administer the program ends<br />

September 1, 2011.<br />

SECTION-BY-SECTION SUMMARY<br />

The proposed repeal of §1.401 removes rules concerning the purpose of the subchapter.<br />

The proposed repeal of §1.402 removes rules concerning the application of the subchapter.<br />

The proposed repeal of §1.403 removes rules concerning definitions used in the subchapter.<br />

The proposed repeal of §1.404 removes rules concerning the criteria, purpose, <strong>and</strong> limitations of<br />

the IHFS-MR program.<br />

The proposed repeal of §1.405 removes rules concerning the provision of assistance.<br />

The proposed repeal of §1.407 removes rules concerning eligibility determination.<br />

The proposed repeal of §1.409 removes rules concerning administrative implementation.<br />

The proposed repeal of §1.411 removes rules concerning appeal of determinations.<br />

FISCAL NOTE<br />

Gordon Taylor, DADS Chief Financial Officer, has determined that, for the first five years the<br />

proposed repeal is in effect, enforcing or administering the repeal does not have foreseeable<br />

implications relating to costs or revenues of state or local governments.<br />

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