Texas Register, Volume 29, Number 5, Pages 727-1096, January 30, 2004 Page: 771
727-1096 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Comments may be submitted to Mr. Phillip Walker, Chief, Bureau
of Kidney Health Care, Texas Department of Health, 1100 West
49th Street, Austin, Texas 78756, (512) 834-6770. Comments
will be accepted for 30 days following publication of the proposal
in the Texas Register.
25 TAC 37.111 - 37.125
(Editor's note: The text of the following sections proposed for repeal
will not be published. The sections may be examined in the offices of
the Texas Department of Health or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeals are proposed under Health and Safety Code,
12.001, which provides the Texas Board of Health (board)
with the authority to adopt rules for the performance of every
duty imposed by law on the board, the department, and the
commissioner of health; and Health and Safety Code, Chapter
41, relating to hemophilia.
The repeals affect Health and Safety Code, Chapter 41. The
review of the rules implements Government Code, 2001.039.
37.111. Purpose.
37.112. Definitions.
37.113. Eligibility for Patient Services.
37.114. Services Provided to Patients.
37.115. Application Process.
37.116. Authorization of Blood Product Purchases.
37.117. Denial/Modification/Suspension/Termination of Program
Benefits.
37.118. Rights and Responsibilities of Parents/Guardian/Conserva-
tor or the Adult Patient.
37.119. Providers.
37.120. Contracts and Written Agreements.
37.121. Payment of Services.
37.122. Payment Suspension or Cancellation.
37.123. Cooperation with Other Agencies.
37.124. Appeals, Confidentiality, Gifts, and Nondiscrimination.
37.125. Income Guidelines.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on January 16,
2004.
TRD-200400324
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: February 29, 2004
For further information, please call: (512) 458-7236
25 TAC 37.111 - 37.119
The new sections are proposed under Health and Safety Code,
12.001, which provides the Texas Board of Health (board) with
the authority to adopt rules for the performance of every duty
imposed by law on the board, the department, and the commis-
sioner of health; and Health and Safety Code, Chapter 41, relat-
ing to hemophilia.The new sections affect Health and Safety Code, Chapter
41. The review of the rules implements Government Code,
2001.039.
37.111. General.
(a) Purpose. The purpose of this chapter is to establish rules
for the Hemophilia Assistance Program (HAP). The authority for these
rules is granted in the Texas Health and Safety Code, Chapter 41.
(b) Definitions. The following words and terms, when used in
this chapter, shall have the following meaning unless the context clearly
indicates otherwise.
(1) Allowable product--Blood derivatives, blood concen-
trates, and manufactured pharmaceutical products indicated for the
treatment of hemophilia and approved for payment by the Hemophilia
Assistance Program.
(2) Applicant--An individual whose application has been
submitted through a participating provider and has not received a final
determination of eligibility. This includes an individual whose appli-
cation is submitted by a representative or person with legal authority to
act for the individual.
(3) Department--The Texas Department of Health.
(4) HAP--The Hemophilia Assistance Program.
(5) Hemophilia--A human physical condition, character-
ized by bleeding, resulting from a genetically determined deficiency
of a blood coagulation factor or hereditarily resulting in an abnormal
or deficient plasma procoagulant.
(6) Inhibitor--A type of antibody, more common in severe
hemophilia A than hemophilia B, which requires the use of higher
doses of blood factor to contain a bleeding episode. This is usually
confirmed by the Bethesda inhibitor assay and reported as the Bethesda
titer. The development of an inhibitor rarely occurs in those with mild
hemophilia.
(7) Participating provider--Any individual or entity with
HAP approval to provide allowable products to HAP recipients.
(8) Recipient--An individual who is eligible to receive
HAP benefits.
37.112. Recipient Requirements.
(a) A person shall meet all of the following requirements to be
eligible for benefits from the Hemophilia Assistance Program (HAP):
(1) have a diagnosis of hemophilia certified by a licensed
physician;
(2) be 21 years of age or older;
(3) be a resident of Texas as determined in 37.113 of this
title (relating to Residency and Residency Documentation Require-
ments) and not be:
(A) incarcerated in a city, county, state, or federal jail,
or prison; or
(B) a ward of the state.
(4) submit an application for benefits to the HAP;
(5) meet, or the person(s) who have a legal obligation
to support the applicant meet, the financial guidelines as outlined in
37.115 of this title (relating to Financial Criteria). The person or
persons who have a legal obligation to support the recipient will be
determined by the applicable state law; and
(6) not be eligible for Medicare or Medicaid.PROPOSED RULES January 30, 2004 29 TexReg 771
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 29, Number 5, Pages 727-1096, January 30, 2004, periodical, January 30, 2004; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101101/m1/43/: accessed May 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.