Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000 Page: 2,321
2223-2484 p. ; 28 cm.View a full description of this periodical.
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TITLE 40. SOCIAL SERVICES AND ASSIS-
TANCE
Part 1. TEXAS DEPARTMENT OF HU-
MAN SERVICES
Chapter 4. MEDICAID PROGRAMS-
CHILDREN AND PREGNANT WOMEN
Subchapter A. ELIGIBILITY REQUIREMENTS
40 TAC 4.1002
The Texas Department of Human Services (DHS) proposes an
amendment to 4.1002, concerning application procedures, in
its Medicaid Programs-Children and Pregnant Women chapter.
The purpose of the amendment is to allow expedited processing
of Medicaid applications from pregnant women. The new
process will allow for the postponement of certain verifications
for up to 30 days and allow telephone interviews. This change
is based on a new state law, House Bill 2896, passed by the
76th Legislature.
Eric M. Bost, Commissioner, has determined that for the first
five-year period the proposed section will be in effect, there
will be no fiscal implications for state or local governments as a
result of enforcing or administering the section. This change will
cause a slight increase in the number of recipient months. The
number of additional recipient months cannot be determined.
Mr. Bost also has determined that for each year of the first
five years the section is in effect, the public benefit anticipated
as a result of enforcing the section is that pregnant women
will be certified for Medicaid sooner allowing them access to
the prenatal care necessary to have a healthy baby. There
will be no adverse economic effect on large, small, or micro-
businesses because this change will allow pregnant women to
access prenatal care sooner resulting in fewer complications
with their pregnancies. There is no anticipated economic cost to
persons who are required to comply with the proposed section.
Questions about the content of this proposal may be directed
to Mary Haifley at (512) 438-2599 in DHS's Texas Works
Department. Written comments on the proposal may be
submitted to Supervisor, Rules and Handbooks Unit-i 57, Texas
Department of Human Services E-205, P.O. Box 149030,
Austin, Texas, 78714-9030, within 30 days of publication in the
Texas Register.
Under Section 2007.003(b) of the Texas Government Code,
the department has determined that Chapter 2007 of the
Government Code does not apply to this rule. Accordingly,
the department is not required to complete a takings impact
assessment regarding this rule.
The amendment is proposed under the Human Resources
Code, Title 2, Chapter 32, which provides the department with
the authority to administer medical assistance programs, and
under Texas Government Code 531.021, which provides the
Health and Human Services Commission with the authority to
administer federal medical assistance funds.
The amendment implements the Human Resources Code,
32.001- 32.042.4.1002. Application Procedures.
Applicants for Medicaid programs follow the application procedures
for Temporary Assistance for Needy Families (TANF) described in
3.301(a)(1) through 3.301(a)(3); 3.301(a)(5); 3.301(b); 3.301(c)
of this title (relating to Responsibilities of Clients and the Texas
Department of Human Services (DHS)); 3.302 of this title (relating
to Definitions Relating to the Application Process); 3.303(a) of
this title (relating to Receipt of Application-Acceptability Factors);
3.304(a) of this title (relating to Application Interview); and
3.307(a) of this title (relating to Authorized Representative), with
the following exceptions:
(1)-(2) (No change.)
(3) Applications for Medicaid from pregnant women will
be processed in an expedited manner and allow for telephone
interviews and postponement of certain verifications for up to 30
days, if necessary.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State, on March 2, 2000.
TRD-200001656
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: April 16, 2000
For further information, please call: (512) 438-3108
Part 5. VETERANS LAND BOARD
Chapter 176. VETERANS HOMES
40 TAC 176.7
The Veterans Land Board proposes an amendment to 176.7,
concerning Admissions Requirements.
The amendment, as proposed, will eliminate the requirement
that only Medicaid eligible veterans may apply for admission to a
state veterans home, reduce the required residency period from
two years to one year, provide for the admission of the veteran's
spouse or the unmarried surviving spouse of a veteran, and
eliminate the requirement that service have occurred after
September 16, 1940.
Mr. David Gloier, Executive Secretary of the Veterans Land
Board, has determined that for the first five year period the
amendment is in effect there will be no fiscal implications for
state or local government or small businesses as a result of
enforcing or administering the rule as proposed.
Mr. Gloier has also determined that for each year of the first five
years the amendment is in effect the public benefit anticipated
as a result of enforcing the amended rule will be as follows: (1)
Admission to a state veterans home will be based on a medical
necessity for long term care, as opposed to being solely based
on Medicaid eligibility; (2) The required length of residency in
Texas for non-Texas veterans will be reduced to one year; (3)
The spouse of a living veteran will be eligible for admission to a
veterans home, thus preventing the break up of families, along
with the unmarried surviving spouse of a veteran who died or
is identified as missing in action; and (4) Veterans who servedPROPOSED RULES March 17, 2000 25 TexReg 2321
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Texas. Secretary of State. Texas Register, Volume 25, Number 11, Pages 2223-2484, March 17, 2000, periodical, March 17, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113921/m1/99/: accessed May 1, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.