Texas Department of Human Services
Rule Review Plan

In accordance with §167, Article IX, Chapter 1452, Acts of the 75th Legislature, Regular Session, 1997 (General Appropriations Act), the Department of Human Services filed an agency rule review plan with the Texas Register on May 22, 1998. The following session, the legislature added §2001.039 to the Government Code (Acts 1999, 76th legislature, chapter 1499, article1). Section 2001.039 requires each state agency to review each of its rules not later than the fourth anniversary of the date on which the rule takes effect and every four years after that date. The legislation which added this §2001.039 to the Government Code requires each agency to develop and send to the secretary of state by August 31, 2000, a plan under which the agency will review its existing rules. The plan must state for each of those rules the date by which the state agency will begin the review required by §2001.039. The following table is the department's plan for review of each of its rule chapters, which are located in Title 40 of the Texas Administrative Code. The department intends to complete the rule review plan filed with the Texas Register on May 22, 1998 and incorporates that rule review plan by reference into the plan required under Government Code §2001.039, which follows.

CHAPTER NUMBER

CHAPTER TITLE

File proposal to review during May 2002 and every four years thereafter. If changes are made, adoption of rules may occur as early as October 2002.

1

Presumptive Medicaid Eligibility for Pregnant Women

2

Medically Needy Program

3

Texas Works

77

Employment Practices

File proposal to review during August 2002 and every four years thereafter. If changes are made, adoption of rules may occur as early as January 2003.

4

Medical Programs - Children and Pregnant Women

5

Medicaid Programs for Aliens

6

Disaster Assistance Program

7

Refugee Cash Assistance Program

9

Refugee Social Services

11

Food Distribution & Processing

12

Special Nutrition Programs

13

Title IV-A Emergency Assistance Program

File proposal to review during November 2002 and every four years thereafter. If changes are made, adoption of rules may occur as early as April 2003.

15

Medicaid Eligibility

File proposal to review during February 2003 and every four years thereafter. If changes are made, adoption of rules may occur as early as July 2003.

17

Tel-assistance Service (TAS) Program

18

Nursing Facility Administrators

File proposal to review during May 2003 and every four years thereafter. If changes are made, adoption of rules may occur as early as October 2003.

30

Medicaid Hospice Program

40

Medicaid Managed Care

42

Medicaid Waiver Program for People who are Deaf-Blind with Multiple Disabilities

43

Personal Attendant Services Program

44

Community Care for Aged and Disabled Project CHOICE

45

Community Living Assistance and Support Services

46

Licensed Personal Care Facilities Contracting with the Texas Department of Human Services to Provide Residential Care Services.

75

Investigations

File proposal to review during August 2003 and every four years thereafter. If changes are made, adoption of rules may occur as early as January 2004.

47

Primary Home Care

48

Community Care for Aged and Disabled (CCAD)

49

Contracting for Community Care Services

File proposal to review during November 2003 and every four years thereafter. If changes are made, adoption of rules may occur as early as April 2004.

52

Emergency Response Services

54

Family Violence Program

File proposal to review during February 2004 and every four years thereafter. If changes are made, adoption of rules may occur as early as July 2004.

61

Community Services--Volunteer Services

69

Contracted Services

71

Public Information

File proposal to review during May 2004 and every four years thereafter. If changes are made, adoption of rules may occur as early as October 2004.

72

Memoranda of Understanding with Other State Agencies

73

Civil Rights

File proposal to review during August 2004 and every four years thereafter. If changes are made, adoption of rules may occur as early as January 2005.

19

Nursing Facility Requirements for Licensure and Medicaid Certification

20

Cost Determination Process

24

Reimbursement Methodology

76

Criminal History Check of Employees in Facilities for Care of the Aged and Persons with Disabilities

79

Legal Services

90

Intermediate Care Facilities for Persons with Mental Retardation or Related Conditions

File proposal to review during November 2004 and every four years thereafter. If changes are made, adoption of rules may occur as early as April 2005.

92

Licensing Standards for Assisted Living Facilities

93

Employee Misconduct Registry

94

Nurse Aides

95

Medication Aides--Program Requirements

96

Certification of Long-Term Care Facilities

97

Home and Community Support Services Agencies

98

Adult Day Care and Day Activity Health Services Requirements