Part 3.
OFFICE OF THE ATTORNEY GENERAL
Chapter 54.
SPECIAL PROGRAMS
Subchapter A. CHOOSE LIFE GRANT PROGRAM
The Office of the Attorney General (OAG) adopts new Chapter
54, Subchapter A, Division 1, §§54.1 - 54.15, concerning
General Provisions and Eligibility; Division 2, §§54.20
- 54.24, concerning Grant Application and Decision Process; Division
3, §§54.30 - 54.39, concerning Grant Budget Requirements;
Division 4, §54.45 and §54.46, concerning Application Kit;
Resolution of Governing Body; Division 5, §§54.50 - 54.59,
concerning Grant Administration; and Division 6, §§54.65
- 54.68, concerning Grant Monitoring and Auditing. New Chapter 54,
Special Programs, Subchapter A is adopted without changes to the proposed
text as published in the March 29, 2013, issue of the
Texas Register
(38 TexReg 2067) and will
not be republished.
The new sections are adopted to implement and administer the OAG's
Choose Life grant program.
No comments were received regarding adoption of the new sections
during the comment period.
1.
GENERAL PROVISIONS AND ELIGIBILITY
1 TAC §§54.1 - 54.15
The new sections are adopted in accordance with Texas
Government Code §402.036(e), which authorizes the OAG to adopt
rules necessary to establish guidelines for the expenditure of funds
under the Choose Life grant program.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed with the Office
of the Secretary of State on May 6, 2013.
TRD-201301783
Katherine Cary
General Counsel
Office of the Attorney General
Effective date: May 26, 2013
Proposal publication date: March 29, 2013
For further information, please call: (512) 936-1180
1 TAC §§54.20 - 54.24
The new sections are adopted in accordance with Texas
Government Code §402.036(e), which authorizes the OAG to adopt
rules necessary to establish guidelines for the expenditure of funds
under the Choose Life grant program.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on May 6, 2013.
TRD-201301784
Katherine Cary
General Counsel
Office of the Attorney General
Effective date: May 26, 2013
Proposal publication date: March 29, 2013
For further information, please call: (512) 936-1180
1 TAC §§54.30 - 54.39
The new sections are adopted in accordance with Texas
Government Code §402.036(e), which authorizes the OAG to adopt
rules necessary to establish guidelines for the expenditure of funds
under the Choose Life grant program.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on May 6, 2013.
TRD-201301785
Katherine Cary
General Counsel
Office of the Attorney General
Effective date: May 26, 2013
Proposal publication date: March 29, 2013
For further information, please call: (512) 936-1180
1 TAC §54.45, §54.46
The new sections are adopted in accordance with Texas
Government Code §402.036(e), which authorizes the OAG to adopt
rules necessary to establish guidelines for the expenditure of funds
under the Choose Life grant program.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on May 6, 2013.
TRD-201301786
Katherine Cary
General Counsel
Office of the Attorney General
Effective date: May 26, 2013
Proposal publication date: March 29, 2013
For further information, please call: (512) 936-1180
1 TAC §§54.50 - 54.59
The new sections are adopted in accordance with Texas
Government Code §402.036(e), which authorizes the OAG to adopt
rules necessary to establish guidelines for the expenditure of funds
under the Choose Life grant program.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on May 6, 2013.
TRD-201301787
Katherine Cary
General Counsel
Office of the Attorney General
Effective date: May 26, 2013
Proposal publication date: March 29, 2013
For further information, please call: (512) 936-1180
1 TAC §§54.65 - 54.68
The new sections are adopted in accordance with Texas
Government Code §402.036(e), which authorizes the OAG to adopt
rules necessary to establish guidelines for the expenditure of funds
under the Choose Life grant program.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the
agency's legal authority.
Filed
with the Office of the Secretary of State on May 6, 2013.
TRD-201301788
Katherine Cary
General Counsel
Office of the Attorney General
Effective date: May 26, 2013
Proposal publication date: March 29, 2013
For further information, please call: (512) 936-1180
Chapter 355.
REIMBURSEMENT RATES
The Texas Health and Human Services Commission (HHSC) adopts
an amendment to §355.310, concerning Reimbursement Methodology
for Customized Equipment, and new §355.748, concerning Reimbursement
Methodology for Preadmission Screening and Resident Review (PASRR)
Level II Evaluations. The amendment and new section are adopted without
changes to the proposed text as published in the February 22, 2013,
issue of the
Texas Register
(38 TexReg
1073) and will not be republished.
Background and Justification
The changes to the PASRR program are a result of a Centers for
Medicare and Medicaid Services (CMS) directive for the State to become
fully compliant with federal requirements at Title 42 of the Code
of Federal Regulations, Part 483, Subpart C, governing the State's
responsibility for preadmission screening and resident review of individuals
with mental illness (MI) or an intellectual or developmental disability
(IDD). In order to comply with the federal requirements, the Department
of Aging and Disability Services has revised the PASRR Level II evaluation
to determine if a person believed to have MI or IDD requires the level
of care provided by a nursing facility (NF) and, if so, whether they
need specialized services for their MI or IDD.
In response to the programmatic changes, new §355.748 is adopted
to provide the reimbursement methodology used to determine reimbursement
rates for qualified providers conducting the evaluation to identify
individuals eligible for PASRR services.
The amendment to §355.310 is adopted to revise the title of
the section and to include a reimbursement methodology for customized
adaptive aids to codify current agency policies and procedures in
rule.
In addition, HHSC is renaming Subchapter F in order to use person
first respectful language, replacing "mental retardation" with "an
intellectual or developmental disability."
Comments
The 30-day comment period ended March 24, 2013. During this period,
HHSC did not receive any comments regarding the proposed amendment
or the new rule.
Subchapter C. REIMBURSEMENT METHODOLOGY FOR NURSING FACILITIES
2.
GRANT APPLICATION AND DECISION PROCESS
3.
GRANT BUDGET REQUIREMENTS
4.
APPLICATION KIT; RESOLUTION OF GOVERNING BODY
5.
GRANT ADMINISTRATION
6.
GRANT MONITORING AND AUDITING
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION