Texas Register
August 22, 2014
Volume 39 Number 34
Pages 6295-6760

IN THIS ISSUE


ATTORNEY GENERAL

Opinions

PROPOSED RULES

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

MEDICAID MANAGED CARE
1 TAC §353.608
REIMBURSEMENT RATES
1 TAC §§355.102 - 355.105, 355.111
1 TAC §355.308
1 TAC §§355.503, 355.505, 355.513
1 TAC §355.6907

TEXAS DEPARTMENT OF AGRICULTURE

MARKETING AND PROMOTION
4 TAC §17.603, §17.604

TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

LIBRARY DEVELOPMENT
13 TAC §§1.71, 1.72, 1.77, 1.83
13 TAC §1.74, §1.81
13 TAC §1.74, §1.81
GENERAL POLICIES AND PROCEDURES
GENERAL GRANT GUIDELINES
13 TAC §2.118
TEXSHARE LIBRARY CONSORTIUM
13 TAC §8.1

PUBLIC UTILITY COMMISSION OF TEXAS

SUBSTANTIVE RULES APPLICABLE TO TELECOMMUNICATIONS SERVICE PROVIDERS
16 TAC §26.111

TEXAS HIGHER EDUCATION COORDINATING BOARD

STUDENT SERVICES
19 TAC §21.136

STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS

FITTING AND DISPENSING OF HEARING INSTRUMENTS
22 TAC §§141.2, 141.3, 141.6, 141.9, 141.11, 141.13, 141.16 - 141.18, 141.20, 141.28, 141.30, 141.31

TEXAS MEDICAL BOARD

PHYSICIAN ASSISTANTS
22 TAC §185.16, §185.18

STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY

SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
22 TAC §§741.231 - 741.233

ADVISORY BOARD OF ATHLETIC TRAINERS

ATHLETIC TRAINERS
22 TAC §871.12, §871.20

TEXAS DEPARTMENT OF INSURANCE

PROPERTY AND CASUALTY INSURANCE
28 TAC §5.9003
AGENTS' LICENSING
TEXAS STANDARDIZED PRIOR AUTHORIZATION REQUEST FORMS
28 TAC §§19.1801 - 19.1804
TEXAS STANDARDIZED PRIOR AUTHORIZATION REQUEST FORM FOR HEALTH CARE SERVICES
28 TAC §19.1810

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE
30 TAC §335.1, §335.29
30 TAC §335.155
RECYCLABLE MATERIALS USED IN A MANNER CONSTITUTING DISPOSAL
30 TAC §335.211
UNIVERSAL WASTE RULE
30 TAC §335.261
30 TAC §335.431
30 TAC §335.503, §335.504

TEXAS JUVENILE JUSTICE DEPARTMENT

RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES
37 TAC §380.9707

WITHDRAWN RULES

STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY

SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
22 TAC §§741.231 - 741.233

ADOPTED RULES

TEXAS HEALTH AND HUMAN SERVICES COMMISSION

MEDICAID HEALTH SERVICES
REIMBURSEMENT ADJUSTMENTS FOR POTENTIALLY PREVENTABLE EVENTS
1 TAC §354.1445, §354.1446
REIMBURSEMENT RATES
1 TAC §355.101
MEDICAID HOSPITAL SERVICES
1 TAC §355.8052
MEDICAID HOSPITAL SERVICES
1 TAC §355.8065
TEXAS HEALTHCARE TRANSFORMATION AND QUALITY IMPROVEMENT PROGRAM REIMBURSEMENT
1 TAC §355.8201, §355.8202
EARLY AND PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT (EPSDT)
1 TAC §355.8441

TEXAS DEPARTMENT OF AGRICULTURE

WEIGHTS AND MEASURES
4 TAC §12.60

TEXAS STATE LIBRARY AND ARCHIVES COMMISSION

STATE RECORDS
13 TAC §§6.3, 6.4, 6.6
LOCAL RECORDS
13 TAC §7.125

PUBLIC UTILITY COMMISSION OF TEXAS

SUBSTANTIVE RULES APPLICABLE TO ELECTRIC SERVICE PROVIDERS
RETAIL RATES
16 TAC §25.245

STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY

SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS
22 TAC §741.1
22 TAC §741.13
22 TAC §§741.61, 741.62, 741.64, 741.66
22 TAC §741.66
22 TAC §§741.81, 741.84, 741.86
22 TAC §741.86
22 TAC §741.141
22 TAC §§741.161, 741.162, 741.164
22 TAC §§741.211 - 741.216

DEPARTMENT OF STATE HEALTH SERVICES

LABORATORIES
25 TAC §§73.31, 73.41, 73.51, 73.54, 73.55

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

TAX RELIEF FOR PROPERTY USED FOR ENVIRONMENTAL PROTECTION
30 TAC §§17.4, 17.12, 17.14
ROLLBACK RELIEF FOR POLLUTION CONTROL REQUIREMENTS
30 TAC §§18.2, 18.10, 18.15, 18.25, 18.26, 18.30, 18.35
WATER RIGHTS, PROCEDURAL
GENERAL REQUIREMENTS
30 TAC §295.13
30 TAC §295.155
30 TAC §295.177
WATER RIGHTS, SUBSTANTIVE
30 TAC §297.18

TEXAS PARKS AND WILDLIFE DEPARTMENT

FISHERIES
GENERAL PROVISIONS
31 TAC §§57.973, 57.977, 57.978
31 TAC §57.977
STATEWIDE RECREATIONAL FISHING PROCLAMATION
31 TAC §57.981
STATEWIDE COMMERCIAL FISHING PROCLAMATION
31 TAC §57.992
OYSTERS, SHRIMP, AND FINFISH
31 TAC §58.21
WILDLIFE
31 TAC §65.315, §65.319

DEPARTMENT OF AGING AND DISABILITY SERVICES

INTELLECTUAL DISABILITY SERVICES--MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES
40 TAC §§9.153 - 9.155, 9.158, 9.159, 9.161, 9.166, 9.168 - 9.171, 9.174, 9.177, 9.178, 9.180, 9.185, 9.187, 9.190, 9.192
40 TAC §9.185, §9.193
40 TAC §§9.551 - 9.556, 9.558, 9.560 - 9.563, 9.566 - 9.568, 9.570 - 9.580, 9.582 - 9.584
40 TAC §§9.557, 9.559, 9.569, 9.577
40 TAC §§9.701 - 9.712
LICENSING STANDARDS FOR PRESCRIBED PEDIATRIC EXTENDED CARE CENTERS
40 TAC §§15.1 - 15.5
40 TAC §§15.101 - 15.122
OPERATIONS AND SAFETY PROVISIONS
40 TAC §§15.201 - 15.211
ADMINISTRATION AND MANAGEMENT
40 TAC §§15.301 - 15.311
NURSING AND STAFFING REQUIREMENTS
40 TAC §§15.401 - 15.419
GENERAL SERVICES
40 TAC §§15.501 - 15.511
ADMISSION CRITERIA, CONFERENCE, ASSESSMENT, INTERDISCIPLINARY PLAN OF CARE, AND DISCHARGE OR TRANSFER
40 TAC §§15.601 - 15.608
PHYSICIAN, PHARMACY, MEDICATION, AND LABORATORY SERVICES
40 TAC §§15.701 - 15.708
CARE POLICIES, COORDINATION OF SERVICES, AND CENSUS
40 TAC §§15.801 - 15.803
RIGHTS AND RESPONSIBILITIES, ADVANCE DIRECTIVES, ABUSE, NEGLECT, AND EXPLOITATION, INVESTIGATIONS, DEATH REPORTING, AND INSPECTION RESULTS
40 TAC §§15.901 - 15.906
MEDICAL RECORDS, QUALITY ASSESSMENT AND PERFORMANCE IMPROVEMENT, DISSOLUTION AND RETENTION OF RECORDS
40 TAC §§15.1001 - 15.1004
40 TAC §15.1101, §15.1102
40 TAC §§15.1201 - 15.1224
40 TAC §§15.1301 - 15.1305
40 TAC §§15.1401 - 15.1409
MEDICAID HOSPICE PROGRAM
40 TAC §30.4
40 TAC §§30.30, 30.34, 30.36
40 TAC §30.32
40 TAC §30.60, §30.62
40 TAC §30.70
40 TAC §§30.80, 30.82, 30.84
CONSUMER DIRECTED SERVICES OPTION
40 TAC §41.108
40 TAC §41.201, §41.233
40 TAC §§41.207, 41.217, 41.233, 41.238
40 TAC §41.301, §41.339
40 TAC §41.404
DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM
40 TAC §42.103, §42.104
ELIGIBILITY
40 TAC §42.201
ENROLLMENT PROCESS
40 TAC §§42.212, 42.214 - 42.217
REVIEW
40 TAC §42.223
DENIAL, SUSPENSION, REDUCTION, AND TERMINATION
40 TAC §42.242
40 TAC §42.301
40 TAC §§42.401 - 42.407
40 TAC §42.407
40 TAC §42.408, §42.409
MINOR HOME MODIFICATIONS
40 TAC §42.615, §42.620
40 TAC §§42.625, 42.626, 42.628, 42.630, 42.631
SERVICE RESPONSIBILITY OPTION
40 TAC §43.4
40 TAC §43.22
40 TAC §43.41
40 TAC §43.71
CONSUMER MANAGED PERSONAL ATTENDANT SERVICES
40 TAC §44.302
COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES
INTRODUCTION
40 TAC §45.501
40 TAC §45.503
ADAPTIVE AIDS
40 TAC §45.609
MINOR HOME MODIFICATIONS
40 TAC §45.619
40 TAC §§45.701, 45.703, 45.707
INTRODUCTION
40 TAC §45.801
40 TAC §45.808
INTRODUCTION
40 TAC §45.901
40 TAC §45.902
CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES
40 TAC §§46.11, 46.19, 46.21, 46.23
40 TAC §46.17, §46.25
40 TAC §46.33
CONTRACTING TO PROVIDE PRIMARY HOME CARE
40 TAC §47.11
40 TAC §47.75
40 TAC §47.87
40 TAC §47.89
COMMUNITY CARE FOR AGED AND DISABLED
40 TAC §§48.8901, 48.8906, 48.8907
CONTRACTING FOR COMMUNITY CARE SERVICES
40 TAC §49.1
40 TAC §§49.11 - 49.18, 49.20
40 TAC §§49.31 - 49.33
40 TAC §49.41, §49.42
40 TAC §§49.51 - 49.54
40 TAC §§49.61 - 49.63
40 TAC §§49.71 - 49.73
CONTRACTING FOR COMMUNITY SERVICES
40 TAC §49.101, §49.102
40 TAC §§49.201 - 49.211
40 TAC §§49.301 - 49.312
APPLICABILITY OF SUBCHAPTER
40 TAC §49.401
MONITORING AND INVESTIGATION
40 TAC §§49.411 - 49.414
APPLICABILITY OF SUBCHAPTER
40 TAC §49.501
IMMEDIATE PROTECTION
40 TAC §49.511
ACTIONS
40 TAC §§49.521 - 49.523
SANCTIONS
40 TAC §§49.531 - 49.534
APPEALS
40 TAC §49.541
TERMINATION BY CONTRACTOR
40 TAC §49.551
40 TAC §49.601
40 TAC §49.701, §49.702
MEDICALLY DEPENDENT CHILDREN PROGRAM
40 TAC §51.103
ELIGIBILTY
40 TAC §51.203
40 TAC §51.205
ENROLLMENT
40 TAC §51.219
SERVICES
40 TAC §§51.231, 51.233, 51.235, 51.237, 51.241, 51.243, 51.245
40 TAC §51.232
APPEALS
40 TAC §51.251
CONTRACTING REQUIREMENT
40 TAC §51.401
SERVICE DELIVERY REQUIREMENTS FOR ALL PROVIDERS
40 TAC §§51.411, 51.413, 51.415, 51.417, 51.419
40 TAC §51.413
40 TAC §51.418
SERVICE DELIVERY REQUIREMENTS FOR RESPITE AND FLEXIBLE FAMILY SUPPORT SERVICES
40 TAC §51.421
40 TAC §51.421, §51.423
SERVICE DELIVERY REQUIREMENTS FOR CONSUMER DIRECTED SERVICES
40 TAC §51.441
40 TAC §51.441
SERVICE DELIVERY REQUIREMENTS FOR MINOR HOME MODIFICATIONS
40 TAC §51.471, §51.475
SERVICE DELIVERY REQUIREMENTS FOR EMPLOYEE ASSISTANCE AND SUPPORTED EMPLOYMENT
40 TAC §§51.481, 51.483, 51.485
40 TAC §§51.501, 51.503, 51.507
40 TAC §§51.505, 51.509, 51.511, 51.513, 51.515
CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES
40 TAC §52.201
40 TAC §52.501, §52.503
CONTRACTING TO PROVIDE HOME-DELIVERED MEALS
40 TAC §55.5, §55.39
CONTRACTING TO PROVIDE SPECIAL SERVICES TO PERSONS WITH DISABILITIES
40 TAC §58.11
40 TAC §58.131, §58.137
CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE)
40 TAC §60.6, §60.8
CONTRACTING TO PROVIDE TRANSITION ASSISTANCE SERVICES
40 TAC §62.11
40 TAC §62.41
40 TAC §62.43
CONTRACT ADMINISTRATION
40 TAC §§69.1 - 69.4
40 TAC §§69.11 - 69.19
40 TAC §§69.31 - 69.40
40 TAC §§69.51 - 69.55
40 TAC §§69.71 - 69.73
40 TAC §69.81
40 TAC §§69.91 - 69.93
40 TAC §§69.101 - 69.103
40 TAC §§69.111 - 69.118
40 TAC §§69.131 - 69.139
40 TAC §§69.151 - 69.160
40 TAC §§69.171 - 69.186
ADULT DAY CARE AND DAY ACTIVITY AND HEALTH SERVICES REQUIREMENTS
40 TAC §§98.202, 98.210, 98.212

DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES

AUTISM PROGRAM
40 TAC §§105.101, 105.103, 105.105, 105.107, 105.109, 105.111, 105.113, 105.115, 105.117, 105.119, 105.121, 105.123, 105.125, 105.127, 105.129, 105.131, 105.133
40 TAC §§105.101, 105.103, 105.105
40 TAC §§105.201, 105.207, 105.209, 105.211, 105.213, 105.215
40 TAC §§105.301, 105.307, 105.309, 105.311, 105.313, 105.315
40 TAC §§105.401, 105.407, 105.409, 105.411, 105.413, 105.415
40 TAC §105.507, §105.509
40 TAC §105.607, §105.609
40 TAC §§105.707, 105.709, 105.711, 105.713, 105.715, 105.717, 105.719, 105.721

REVIEW OF AGENCY RULES

Proposed Rule Reviews
Texas Film Commission
Adopted Rule Reviews
Office of the Attorney General

TABLES & GRAPHICS

IN ADDITION

Texas Department of Agriculture
Request for Applications: 2014 GO TEXAN Partner Program, Round 3
Request for Applications: National Organic Certification Cost-Share Program
Alamo Area Metropolitan Planning Organization
Request for Qualifications/Proposals
Office of the Attorney General
Notice of Settlement of a Texas Water Code Enforcement Action
Texas Water Code and Texas Health and Safety Code Settlement Notice
Cancer Prevention and Research Institute of Texas
Request for Applications C-15-ESTCO-2 Established Company Product Development Award
Request for Applications C-15-NEWCO-2 New Company Product Development Award
Request for Applications C-15-RELCO-2 Company Relocation Product Development Award
Comptroller of Public Accounts
Notice of Contract Award
Notice of Contract Award
Notice of Contract Award
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
East Texas Council of Governments
Public Notice
Texas Commission on Environmental Quality
Agreed Orders
Enforcement Orders
Notice of Application and Opportunity to Request a Public Meeting for a New Municipal Solid Waste Facility Registration Application Number 40276
Notice of Application and Opportunity to Request a Public Meeting for a New Municipal Solid Waste Facility Registration Application Number 40277
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 335
Notice of Water Quality Applications
General Land Office
Notice of Approval of Coastal Boundary Survey
Notice of Approval of Coastal Boundary Survey
Notice of Approval of Coastal Boundary Survey
Notice of Approval of Coastal Boundary Survey
Texas Health and Human Services Commission
Notice of Public Hearing on Proposed Community First Choice State Plan Amendment
Public Notice
Department of State Health Services
Licensing Actions for Radioactive Materials
Houston-Galveston Area Council
Request for Information
Texas Lottery Commission
Instant Game Number 1659 "Extreme 8s"
North Central Texas Council of Governments
Notice of Consultant Contract Award
Public Utility Commission of Texas
Notice of Application for Retail Electric Provider Certification
Notice of Application for Service Area Exception
Public Notice
Request for Comments
Texas Department of Transportation
Aviation Division - Request for Qualifications for Professional Architectural/Engineering Services
Public Notice - Overall Disadvantaged Business Enterprise Goal for Federal Transit Authority, Fiscal Years 2014 through 2016