Texas Register November 1, 2024 Volume: 49 Number: 44

Texas Register Table of Contents

1 Governor
- - 1.0.1 Appointments Re:
2 Texas Health and Human Services Commission
3 Texas Department of State Health Services
4 Department of Aging and Disability Services
- - 4.0.1 Proposed Rules Re:
    - 4.0.1.1 Amending 40 TAC §§89.1 – 89.3, 89.5, to remove unnecessary rules from the Texas Administrative Code.

Governor

Appointments Re:

Appointed to the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council for a term to expire August 31, 2025, Mark S. Edwards, M.D.

Appointed to the Advisory Council on Emergency Medical Services for a term to expire January 1, 2028, Donald E. “Donny” Booth.

Appointed to the Advisory Council on Emergency Medical Services for a term to expire January 1, 2030, Sharon A. Malone, M.D.

Appointed to the Advisory Council on Emergency Medical Services for a term to expire January 1, 2030, Taylor J. Ratcliff, M.D.

Appointed to the Advisory Council on Emergency Medical Services for a term to expire January 1, 2030, Shawn J. Salter

Appointed to the Advisory Council on Emergency Medical Services for a term to expire January 1, 2030, Alan H. Tyroch, M.D.

Texas Health and Human Services Commission

Proposed Rules Re:

Amending 1 TAC §351.847, §351.849, to repeal the rules as currently written.

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
DIVISION 1. COMMITTEES
1 TAC §351.847, §351.849

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §351.847, concerning Aging Texas Well Advisory Committee, and new §351.847, concerning the Aging Texas Well Advisory Committee; and the repeal of §351.849, concerning the Texas Respite Advisory Committee, and new §351.849, concerning Texas Respite Advisory Committee.

BACKGROUND AND PURPOSE

The Aging Texas Well Advisory Committee (ATWAC) is established under Executive Order Rick Perry (R.P.) 42 and by the executive commissioner in accordance with Texas Government Code §523.0201 and is subject to Texas Administrative Code §351.801. The committee advises the executive commissioner and HHSC on aging topics and issues and makes recommendations to HHSC and state leadership consistent with Executive Order R.P. 42.

The ATWAC is set to abolish on March 1, 2026. Abolition of the ATWAC would result in the loss of a primary source of public input for key aging programs and initiatives. The proposed new §351.847 updates the agency name from the Department of Aging and Disability Services (DADS) to HHSC, per Senate Bill (S.B.) 200, 84th Legislature, Regular Session, 2015; extends the abolishment date to March 1, 2032, and revises the rule in several places to ensure the rule conforms with HHSC’s advisory committee rule standards.

The Texas Respite Advisory Committee (TRAC) is established under Texas Government Code §523.0201; Texas Government Code Chapter 2110; Texas Human Resources Code §161.079; The Lifespan Respite Care Act, 42 United States Code §300ii; and is subject to §351.801. The committee advises the executive commissioner and the health and human services system on developing strategies to reduce barriers to accessing respite services; improving the quality of respite services; and providing training, education, and support to family caregivers.

The TRAC is set to abolish on March 1, 2026. Abolition of the TRAC would result in the loss of a primary source of public input for developing strategies to reduce barriers to accessing respite services and improve the quality of respite services in Texas.

The proposed new §351.849 updates the agency name from DADS to HHSC, per S.B. 200, 84th Legislature, Regular Session, 2015; extends the abolishment to March 1, 2028, and revises the rule in several places to ensure the rule conforms with HHSC’s advisory committee rules standards.

The proposed rule language for both sections updates certain citations to the Texas Government Code as modified by House Bill (H.B.) 4611, 88th Legislature, Regular Session, 2023. HB 4611 made certain non-substantive revisions to Subtitle I, Title 4, Texas Government Code, which governs HHSC, Medicaid, and other social services as part of the legislature’s ongoing statutory revision program. The updated citations will become effective on April 1, 2025.

SECTION-BY-SECTION SUMMARY

The proposed repeal of §351.847 deletes the rule as currently written.

The proposed repeal of §351.849 deletes the rule as currently written.

Amending 1 TAC §351.847, §351.849, to update the rule language and organization to meet HHSC’s advisory committee rule standards, update references, add subsections regarding training and travel reimbursement, decrease the committee membership, and update the date of abolishment in subsection j to March 1, 2032.

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
DIVISION 1. COMMITTEES
1 TAC §351.847, §351.849

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

New §351.847: (1) updates the rule language and organization by aligning it with HHSC’s advisory committee rule standards; (2) replaces “DADS” with “HHSC” throughout the rule; (3) adds subsections regarding required training and travel reimbursement; and (4) updates the date of abolishment in subsection (j) from March 1, 2026, to March 1, 2032.

New §351.849: (1) updates the rule language and organization by aligning it with HHSC’s advisory committee rule standards; (2) replaces “DADS” with “HHSC” throughout the rule; (3) adds subsections regarding required training and travel reimbursement; (3) decreases the committee membership from “no more than 24 members” to “15 members;” and (4) updates the date of abolishment in subsection (j) from March 1, 2026, to March 1, 2028.

Amending 1 TAC §355.503, §355.507, to clarify the reimbursement methodologies for the long-term services and supports (LTSS) state plan and waiver services delivered through managed care.

CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER E. COMMUNITY CARE FOR AGED AND DISABLED
1 TAC §355.503, §355.507

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §355.503, concerning Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs, and §355.507, concerning Reimbursement Methodology for the Medically Dependent Children Program.

BACKGROUND AND PURPOSE

The purpose of the proposal is to clarify the reimbursement methodologies for the long-term services and supports (LTSS) state plan and waiver services delivered through managed care. HHSC maintains fee schedules for LTSS programs and services delivered in STAR+PLUS or STAR Kids programs that represent the rates HHSC would pay contracted providers for these services if the services were delivered under a fee-for-service delivery model. The proposed amendments ensure that HHSC has an established rate methodology for all the services delivered in managed care based on the STAR+PLUS and STAR Kids LTSS billing matrices. The proposal relabels and adds language to the rules to reference the STAR+PLUS and STAR Kids managed care programs and removes references to the expired Community-Based Alternatives Waiver Program and Integrated Care Management-Home and Community Support Services Program. The proposal also consolidates rate methodologies for LTSS state plan services delivered through STAR+PLUS and STAR Kids into the applicable Texas Administrative Code rule. The proposal revises the rate methodology for out-of-home respite under STAR Kids Medically Dependent Children Program (MDCP) to mirror proposed waiver changes and the published billing matrix. Finally, the proposal adds language to the rules to distinguish in-home and out-of-home settings for home health care services, including nursing, occupational therapy, and physical therapy, to ensure compliance with the 21st Century Cures Act, which requires all states to implement the use of electronic visit verification (EVV).

SECTION-BY-SECTION SUMMARY

The proposed amendment to §355.503 changes the title to “Reimbursement Methodology for Long-Term Services and Supports State Plan and Home and Community-Based Services Waiver Program Services Delivered through the STAR+PLUS Managed Care Program.” Language is revised to remove references to expired programs and add references to STAR+PLUS LTSS State Plan and STAR+PLUS Home and Community-Based Services (HCBS) services, as well as to distinguish between Community First Choice (CFC) and non-CFC services. Language is added to differentiate between in-home and out-of-home nursing services, physical therapy, and occupational therapy. “Assisted Living/Residential Care (AL/RC)” is changed to “assisted living (AL) services” to accurately reflect services offered under STAR+PLUS. Other edits are made to correct or clarify language, correct numbering, and formatting.

Section 355.503 subsection (a) is revised to specify that the rule establishes the fee-for-service (FFS) equivalent rate methodology for services delivered through STAR+PLUS. New subsection (b) is added to describe rate methodologies for STAR+PLUS LTSS state plan services. Subsection (c)(1) is revised to remove language about total allowable costs that is no longer relevant, clarify what is included in the administration and facility cost area, and add language specific to the CFC Personal Attendant Services (PAS) and habilitation reimbursement methodology. Subsection (c)(2) is revised to remove language about updates to federal supplemental security income that is no longer relevant. Subsection (e) is revised to remove language about the number of cost reports to be submitted based on rate enhancement program participation that is no longer relevant.

The proposed amendment to §355.507 changes the title to “Reimbursement Methodology for Long-Term Services and Supports State Plan and Medically Dependent Children Waiver Program Services Delivered through the STAR Kids and STAR Health Managed Care Programs.” Language is revised to add references to STAR Kids and STAR Health, distinguish between CFC and non-CFC services, and update service names for in-home respite and flexible family supports. Other edits are made to correct or clarify language, correct numbering, and formatting.

Section 355.507 subsection (a) is revised to specify that the rule establishes the FFS rate methodology for services delivered through STAR Kids and STAR Health managed care. Subsection (b) is added to describe rate methodologies for STAR Kids and STAR Health LTSS state plan services. New subsection (c) is added to specify reimbursement rate determination for MDCP services delivered through STAR Kids and STAR Health, update references to nursing facility (NF) reimbursement setting methodology rules and add rate determination for transition assistance services. New subsection (d) adds language clarifying that HHSC does not currently require providers contracted with managed care organizations to submit cost reports.

Amending 1 TAC §381.1, §381.2, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.

CHAPTER 381. GUARDIANSHIP SERVICES
SUBCHAPTER A. PURPOSE AND DEFINITIONS
1 TAC §381.1, §381.2

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of Chapter 381, comprising of Subchapter A, §381.1, concerning Purpose; and §381.2, concerning Definitions; Subchapter B, §§381.101, concerning Duties; 381.102, concerning Membership and Eligibility; and 381.103, concerning Officers and Meetings; Subchapter C, §§381.201, concerning Eligible Projects; 381.202, concerning Eligible Applicants; 381.203, Application and Selection Process; 381.204, concerning Grant Period; 381.205, concerning Continuation Funding Policy; 381.206, concerning Grant Amounts; 381.207, concerning Notification of Award; 381.208, concerning Request for Reconsideration; 381.209, concerning Contract; 381.210, concerning Progress Reports; Subchapter D, §§381.301, concerning Purpose; 381.303, concerning Applicability of Standards to Guardianship Programs; 381.305, concerning Ineligibility of Non-compliant Programs; 381.315, concerning Form of Entity; 381.317, concerning Fiscal Responsibility; 381.319, concerning Budget; 381.321, concerning Insurance; 381.323, concerning Fees for Services; 381.325, concerning Guardianship Bonds; 381.331, concerning Guardianship Accountability; 381.333, concerning Service Provider Employee Screening; 381.335, concerning Confidentiality; 381.337, concerning Supervision of Employees and Volunteers; 381.339, concerning Community Involvement; 381.345, concerning Less Restrictive Alternatives to Guardianship; 381.347, concerning Guardianship Program Service Levels, 381.349, concerning Role of Volunteers; 381.351, concerning Staffing Requirements; 381.353, concerning Training Requirements; 381.355, concerning Conflicts of Interest; 381.357, concerning Referral, Intake, and Assessments; 381.359, concerning Prioritization of Potential Clients on Waiting Lists; 381.361, concerning Responsibility for Burial or Cremation; 381.363, concerning Evaluation and Monitoring of Caseloads; 381.365, concerning Personal Care Plans for Guardianship Clients; and 381.367, concerning Financial Care Plans for Guardianship Clients.

BACKGROUND AND PURPOSE

The purpose of the proposal is to repeal rules concerning the Guardianship Advisory Board because the authority for the HHSC Guardianship Advisory Board and related guardianship program grants and standards were transferred from HHSC to the Office of Court Administration by Senate Bill (S.B.) 966, 83rd Legislature, Regular Session, 2013. The governing statute for the HHSC Guardianship Advisory Board and related grants and standards, Texas Government Code Chapter 531, Subchapter D, was subsequently repealed by S.B. 200, 84th Legislature, Regular Session, in 2015.

SECTION-BY-SECTION SUMMARY

The proposed repeal of Chapter 381, concerning Guardianship Services, deletes the rules as they are no longer necessary. The statutory authority for the board was transferred to the Office of Court Administration by S.B. 966, 83rd Legislature, Regular Session, 2013.

Amending 1 TAC §§381.101 – 381.103, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.

CHAPTER 381. GUARDIANSHIP SERVICES
SUBCHAPTER B. GUARDIANSHIP ADVISORY BOARD
1 TAC §§381.101 – 381.103

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Amending 1 TAC §§381.201 – 381.210, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.

CHAPTER 381. GUARDIANSHIP SERVICES
SUBCHAPTER C. GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS
1 TAC §§381.201 – 381.210

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Amending 1 TAC §§381.301, 381.303, 381.305, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.

CHAPTER 381. GUARDIANSHIP SERVICES
SUBCHAPTER D. STANDARDS FOR GUARDIANSHIP PROGRAMS
DIVISION 1. GENERAL
1 TAC §§381.301, 381.303, 381.305

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Amending 1 TAC §§381.315, 381.317, 381.319, 381.321, 381.323, 381.325, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.

CHAPTER 381. GUARDIANSHIP SERVICES
SUBCHAPTER D. STANDARDS FOR GUARDIANSHIP PROGRAMS
DIVISION 2. ADMINISTRATION AND FISCAL MANAGEMENT
1 TAC §§381.315, 381.317, 381.319, 381.321, 381.323, 381.325

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Amending 1 TAC §§381.331, 381.333, 381.335, 381.337, 381.339, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.

CHAPTER 381. GUARDIANSHIP SERVICES
SUBCHAPTER D. STANDARDS FOR GUARDIANSHIP PROGRAMS
DIVISION 3. PERSONNEL MANAGEMENT
1 TAC §§381.331, 381.333, 381.335, 381.337, 381.339

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Amending 1 TAC §§381.345, 381.347, 381.349, 381.351, 381.353, 381.355, 381.357, 381.359, 381.361, 381.363, 381.365, 381.367, to repeal the rules concerning the Guardian Advisory Board because the authority has been statutorily transferred to the Office of Court Administration.

CHAPTER 381. GUARDIANSHIP SERVICES
DIVISION 4. GUARDIANSHIP PROGRAMS AND CLIENT SERVICES
1 TAC §§381.345, 381.347, 381.349, 381.351, 381.353, 381.355, 381.357, 381.359, 381.361, 381.363, 381.365, 381.367

OVERVIEW

BACKGROUND AND PURPOSE

SECTION-BY-SECTION SUMMARY

Amending 26 TAC §259.61, to remove references to the DFPS and update them with references to HHSC and set forth the requirements for home and community-based settings.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 2. ENROLLMENT PROCESS, PERSON-CENTERED SERVICE PLANNING, AND REQUIREMENTS FOR HOME AND COMMUNITY-BASED SETTINGS
26 TAC §259.61

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes an amendment to §259.61, concerning Process for Enrollment of an Individual; §259.79, concerning Renewal and Revision of an IPC; §259.309, concerning Training of CMA Staff Persons and Volunteers; §259.317 concerning CMA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual; §259.357, concerning Training of DSA Staff Persons, Service Providers, and Volunteers; and §260.369, concerning DSA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual.

BACKGROUND AND PURPOSE

The purpose of this proposal is to implement Texas Human Resources Code §48.051(b-1), added by House Bill (H.B.) 4696, 88th Legislature, Regular Session, 2023. Section 48.051 requires a person, including an officer, employee, agent, contractor, or subcontractor of a home and community support services agency (HCSSA) licensed under Texas Health and Safety Code Chapter 142, who has cause to believe that an individual receiving services from the HCSSA, is being or has been subjected to abuse, neglect, or exploitation, to immediately report it to HHSC.

A direct service agency (DSA) in the CLASS Program must be licensed as a HCSSA and a CLASS case management agency (CMA) may be licensed as a HCSSA. To comply with Section 48.501, these proposed amendments change the current CLASS Program abuse, neglect, or exploitation (ANE) reporting requirement from the Texas Department of Family and Protective Services (DFPS) to HHSC. Transferring the function relating to the intake of reports of ANE from DFPS to HHSC creates a more streamlined process because HHSC is currently responsible for investigating these reports in the CLASS Program.

Therefore, the proposed amendments to these rules for CLASS CMAs and CLASS DSAs remove all references to DFPS, the DFPS Abuse Hotline toll-free telephone number, and the DFPS Abuse Hotline website and replaces them with references to HHSC, the HHSC toll-free telephone number, and the HHSC online Texas Unified Licensure Information Portal. The proposed amendment to §259.61 and §259.79 updates a rule reference.

Amending 26 TAC §259.79, to remove references to the DFPS and update them with references to HHSC and set forth the review processes.

OVERVIEW

BACKGROUND AND PURPOSE

Amending 26 TAC §259.309, §259.317, to remove references to the DFPS and update them with references to HHSC and set forth additional CMA requirements.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER G. ADDITIONAL CMA REQUIREMENTS
26 TAC §259.309, §259.317

OVERVIEW

BACKGROUND AND PURPOSE

Amending 26 TAC §259.357, §259.369, to remove references to the DFPS and update them with references to HHSC and set forth additional requirements.

CHAPTER 259. COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER H. ADDITIONAL DSA REQUIREMENTS
26 TAC §259.357, §259.369

OVERVIEW

BACKGROUND AND PURPOSE

Amending 26 TAC §260.61, to remove references to the DFPS and update them with references to HHSC and set forth the requirements for service settings under the Deaf and Blind with Multiple Disabilities Program.

CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 2. ENROLLMENT PROCESS, PERSON-CENTERED PLANNING, AND REQUIREMENTS FOR SERVICE SETTINGS
26 TAC §260.61

OVERVIEW

The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to Texas Administrative Code rules §260.61, concerning Process for Enrollment of an Individual; and §260.219, concerning Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual.

BACKGROUND AND PURPOSE

A program provider in the Deaf Blind Multiple Disabilities (DBMD) Program must be licensed as a HCSSA. To comply with Section 48.501, these proposed amendments change the current DBMD Program abuse, neglect, or exploitation (ANE) reporting requirement from the Texas Department of Family and Protective Services (DFPS) to HHSC. Transferring the function relating to the intake of reports of ANE from DFPS to HHSC creates a more streamlined process because HHSC is currently responsible for investigating these reports in the DBMD Program.

Therefore, the proposed amendments to these rules remove all references to DFPS, the DFPS Abuse Hotline toll-free telephone number, and the DFPS Abuse Hotline website and replaces them with references to HHSC, the HHSC toll-free telephone number, and the HHSC online Texas Unified Licensure Information Portal. The proposed amendment to §260.61 updates a rule reference.

Amending 26 TAC §259.79, to remove references to the DFPS and update them with references to HHSC and set forth the requirements for review under the Deaf and Blind with Multiple Disabilities Program.

CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
DIVISION 3. REVIEWS
26 TAC §259.79

OVERVIEW

BACKGROUND AND PURPOSE

Amending 26 TAC §259.309, §259.317, to remove references to the DFPS and update them with references to HHSC and define additional CMA requirements under the Deaf and Blind with Multiple Disabilities Program.

CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER G. ADDITIONAL CMA REQUIREMENTS
26 TAC §259.309, §259.317

OVERVIEW

BACKGROUND AND PURPOSE

Adopted Rules Re:

Adopting 1 TAC §351.815, to update language to conform with HHSC’s advisory committee rule template guidelines.

CHAPTER 351. COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
SUBCHAPTER B. ADVISORY COMMITTEES
DIVISION 1. COMMITTEES
1 TAC §351.815

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts an amendment to §351.815, concerning the Policy Council for Children and Families.

Section 351.815 is adopted with changes to the proposal text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5218). This rule will be republished.

BACKGROUND AND JUSTIFICATION

The Policy Council for Children and Families (PCCF) was established by the HHSC Executive Commissioner under the authority of Texas Government Code §531.012. This statute requires the HHSC Executive Commissioner to establish and maintain advisory committees, establish rules for the operation of advisory committees, and for advisory committees to provide recommendations to the HHSC Executive Commissioner and the Texas Legislature.

The PCCF advises the HHSC Executive Commissioner and Health and Human Services system agencies (HHS agencies) to improve the coordination, quality, efficiency, and outcomes of services provided to children and the families of children with disabilities and special health care needs, including mental health needs, through the state’s health, education, and human services systems. Members meet approximately four times a year in Austin.

Section 351.815 is set to expire on December 31, 2024, which will abolish the PCCF. The amendment extends the committee by four years to December 31, 2028, and update existing membership categories for one voting and one ex-officio member. Other edits align the rule with current HHSC advisory committee rulemaking guidelines.

Adopting 1 TAC §§355.8701 – 355.8705, 355.8707, to add and modify definitions, and improve clarity, consistency, and specificity of the rules.

CHAPTER 355. REIMBURSEMENT RATES
SUBCHAPTER L. LOCAL FUNDS MONITORING
1 TAC §§355.8701 – 355.8705, 355.8707

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts amendments to §355.8701, concerning Purpose; §355.8702, concerning Definitions; §355.8703, concerning Applicability; §355.8704, concerning Reporting and Monitoring; §355.8705, concerning Post-Determination Review; and §355.8707, concerning Notification Requirements for the Creation of a Local Provider Participation Fund (LPPF).

Sections 355.8701 – 355.8705 and §355.8707 are adopted without changes to the proposed text as published in the August 9, 2024, issue of the Texas Register (49 TexReg 5858). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The amendments are necessary to add and modify definitions and enhance clarity, consistency, and specificity of the rules. The amendments also reflect best practices learned after the completion of two Local Funding reporting periods and is based on an internal review of Local Funding’s current processes.

Adopting 1 TAC §§375.101 – 375.103, to repeal Subchapter A, which is no longer applicable.

CHAPTER 375. REFUGEE CASH ASSISTANCE AND MEDICAL ASSISTANCE PROGRAMS
SUBCHAPTER A. PROGRAM PURPOSE AND SCOPE
1 TAC §§375.101 – 375.103

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter A, concerning Program Purpose and Scope, comprising of §§375.101 – §375.103; Subchapter B, concerning Contractor Requirements for the Refugee Cash Assistance Program (RCA), comprising of §§375.201, 375.203, 375.205, 375.207, 375.209, 375.211, 375.213, 375.215, 375.217, 375.219, 375.221; Subchapter C, concerning Program Administration for the Refugee Cash Assistance Program (RCA), comprising of §§375.301, 375.303, 375.305, 375.307, 375.309, 375.311, 375.313, 375.315, 375.317, 375.319, 375.321, 375.323, 375.325, 375.327, 375.329, 375.331, 375.333, 375.335, 375.337, 375.339, 375.341, 375.343, 375.345, 375.347, 375.349, 375.351, 375.353; Subchapter D, concerning Refugee Cash Assistance Participant Requirements, comprising of §§375.401, 375.403, 375.405, 375.407, 375.409, 375.411, 375.413, 375.415, 375.417, 375.419; Subchapter E, concerning Refugee Medical Assistance, comprising of §§375.501, 375.503, 375.505, 375.507, 375.509, 375.511, 375.513, 375.515, 375.517, 375.519, 375.521, 375.523, 375.525, 375.527, 375.529, 375.531; Subchapter F, concerning Modified Adjusted Gross Income Methodology, comprising of §§375.601, 375.603, 375.605, 375.607, 375.609, 375.611, 375.613, 375.615, and an amendment to §375.701 in Subchapter G, concerning Local Resettlement Agency Requirements, in Title 1, Part 15, Chapter 375, concerning Refugee Cash Assistance and Medical Assistance Programs.

The sections are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5226). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The purpose of the adoption is to remove rules which are no longer necessary and to update a rule that is required by statute. On September 30, 2016, the State of Texas withdrew from the administration of federally funded refugee services and benefits program effective January 31, 2017, following refusal by the federal Office of Refugee Resettlement to unconditionally approve Texas’ amended state refugee plan. Texas Government Code §531.0411 requires rules regarding refugee resettlement program; therefore, §375.701 will be retained and updated.

Adopting 1 TAC §§375.201, 375.203, 375.205, 375.207, 375.209, 375.211, 375.213, 375.215, 375.217, 375.219, 375.221, to repeal Subchapter B, which is no longer necessary as HHSC no longer administers the federally funded refugee services and benefits in Texas.

CHAPTER 375. REFUGEE CASH ASSISTANCE AND MEDICAL ASSISTANCE PROGRAMS
SUBCHAPTER B. CONTRACTOR REQUIREMENTS FOR THE REFUGEE CASH ASSISTANCE PROGRAM (RCA)
1 TAC §§375.201, 375.203, 375.205, 375.207, 375.209, 375.211, 375.213, 375.215, 375.217, 375.219, 375.221

OVERVIEW

The sections are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5226). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 1 TAC §§375.301, 375.303, 375.305, 375.307, 375.309, 375.311, 375.313, 375.315, 375.317, 375.319, 375.321, 375.323, 375.325, 375.327, 375.329, 375.331, 375.333, 375.335, 375.337, 375.339, 375.341, 375.343, 375.345, 375.347, 375.349, 375.351, 375.353, to repeal Subchapter C, which is no longer necessary as HHSC no longer administers the federally funded refugee services and benefits in Texas.

CHAPTER 375. REFUGEE CASH ASSISTANCE AND MEDICAL ASSISTANCE PROGRAMS
SUBCHAPTER C. PROGRAM ADMINISTRATION FOR THE REFUGEE CASH ASSISTANCE PROGRAM (RCA)
1 TAC §§375.301, 375.303, 375.305, 375.307, 375.309, 375.311, 375.313, 375.315, 375.317, 375.319, 375.321, 375.323, 375.325, 375.327, 375.329, 375.331, 375.333, 375.335, 375.337, 375.339, 375.341, 375.343, 375.345, 375.347, 375.349, 375.351, 375.353

OVERVIEW

The sections are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5226). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 1 TAC §§375.401, 375.403, 375.405, 375.407, 375.409, 375.411, 375.413, 375.415, 375.417, 375.419, to repeal Subchapter D which is no longer necessary as HHSC no longer administers the federally funded refugee services and benefits in Texas.

CHAPTER 375. REFUGEE CASH ASSISTANCE AND MEDICAL ASSISTANCE PROGRAMS
SUBCHAPTER D. REFUGEE CASH ASSISTANCE PARTICIPANT REQUIREMENTS
1 TAC §§375.401, 375.403, 375.405, 375.407, 375.409, 375.411, 375.413, 375.415, 375.417, 375.419

OVERVIEW

The sections are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5226). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 1 TAC §§375.501, 375.503, 375.505, 375.507, 375.509, 375.511, 375.513, 375.515, 375.517, 375.519, 375.521, 375.523, 375.525, 375.527, 375.529, 375.531, to repeal Subchapter E, which is no longer necessary as HHSC no longer administers the federally funded refugee services and benefits in Texas.

CHAPTER 375. REFUGEE CASH ASSISTANCE AND MEDICAL ASSISTANCE PROGRAMS
SUBCHAPTER E. REFUGEE MEDICAL ASSISTANCE
1 TAC §§375.501, 375.503, 375.505, 375.507, 375.509, 375.511, 375.513, 375.515, 375.517, 375.519, 375.521, 375.523, 375.525, 375.527, 375.529, 375.531

OVERVIEW

The sections are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5226). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 1 TAC §§375.601, 375.603, 375.605, 375.607, 375.609, 375.611, 375.613, 375.615, to repeal Subchapter F, which is no longer necessary as HHSC no longer administers the federally funded refugee services and benefits in Texas.

CHAPTER 375. REFUGEE CASH ASSISTANCE AND MEDICAL ASSISTANCE PROGRAMS
SUBCHAPTER F. MODIFIED ADJUSTED GROSS INCOME METHODOLOGY
1 TAC §§375.601, 375.603, 375.605, 375.607, 375.609, 375.611, 375.613, 375.615

OVERVIEW

The sections are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5226). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 1 TAC §375.701, to reformat paragraphs and improve language for greater clarity.

CHAPTER 375. REFUGEE CASH ASSISTANCE AND MEDICAL ASSISTANCE PROGRAMS
SUBCHAPTER G. LOCAL RESETTLEMENT AGENCY REQUIREMENTS
1 TAC §375.701

OVERVIEW

The sections are adopted without changes to the proposed text as published in the July 19, 2024, issue of the Texas Register (49 TexReg 5226). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

Adopting 1 TAC §§376.101 – 376.104, to repeal unnecessary rules because Texas withdrew from the administration of a federally funded refugee services and benefits program.

CHAPTER 376. REFUGEE SOCIAL SERVICES
SUBCHAPTER A. PURPOSE AND SCOPE
1 TAC §§376.101 – 376.104

OVERVIEW

The Texas Health and Human Services Commission (HHSC) adopts the repeal of Subchapter A, concerning Purpose and Scope, comprising of §§376.101 – 376.104; Subchapter B, concerning Contractor Requirements, comprising of §§376.201, 376.203, 376.205, 376.207, 376.209, 376.211, 376.213, 376.215, 376.217, §376.219, 376.221, 376.223, 376.225, 376.227, 376.229, 376.231, 376.233, 376.235, 376.237; Subchapter C, concerning General Program Administration, comprising of §§376.301, 376.303, 376.305, 376.307, 376.309, 376.311, 376.313, 376.315, 376.317, 376.319, 376.321, 376.323, 376.325, 376.327, 376.329, 376.331, 376.333; Subchapter D, concerning Employment Services: Refugee Social Services (RSS), comprising of §§376.401, 376.403, 376.405, 376.407, 376.409, 376.411, 376.413, 376.415, 376.417, 376.419, 376.421, 376.423, §376.425, 376.427; Subchapter E, concerning Employment Services: Refugee Cash Assistance (RCA), comprising of §§376.501, 376.503, 376.505, 376.507, 376.509, 376.511, 376.513, 376.515, 376.517, 376.519; Subchapter F, concerning English as a Second Language (ESL) Services, comprising of §§376.601 and 376.602; Subchapter G, concerning Other Employability Services, comprising of §§376.701, 376.703, 376.705, 376.707, 376.709, 376.711, 376.713, 376.715, 376.717, 376.719, 376.721; Subchapter H, concerning Targeted Assistance Grant (TAG) Services, comprising of §§376.801 – 376.806; Subchapter I, concerning Unaccompanied Refugee Minor (URM) Program, comprising of §§376.901 – 376.907; and an amendment to §376.1001 in Subchapter J, concerning Local Resettlement Agency Requirements, in Title 1, Chapter 376, concerning Refugee Social Services.