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 9 MENTAL RETARDATION SERVICES--MEDICAID STATE
OPERATING AGENCY RESPONSIBILITIES
SUBCHAPTER D HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM
RULE §9.158, §9.159, §9.166, §9.192-§9.193
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.
§9.158. Process for Enrollment of Applicants.
(a) DADS notifies an MRA, in writing, of an HCS Program vacancy in the MRA's local
service area and directs the MRA to offer the program vacancy to an applicant:
(1) whose registration date, assigned in accordance with §9.157(a)(1) of this subchapter
(relating to Maintenance of HCS Program Interest list), is earliest on the statewide interest list for
the HCS Program as maintained by DADS;
(2) whose registration date, assigned in accordance with §9.157(a)(1) of this subchapter is
earliest on the local service area interest list for the HCS Program as maintained by the MRA, in
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