Texas Register, Volume 38, Number 31, Pages 4821-4956, August 2, 2013 Page: 4,889
4821-4956 p. ; 28 cm.View a full description of this periodical.
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gional contracted brokers to verify that motor vehicle operators
providing MTP services have a valid driver's license, to check
the driving and criminal records for these operators, and to re-
quire motor vehicle operators to receive annual training on spe-
cific topics.
The adopted amendments and new rules define the term "re-
gional contracted broker" and specify requirements of partici-
pation in the MTP as required by H.B. 2136. In addition, the
amended rules update references to agencies, delete obsolete
citations and definitions, update language to reflect current pol-
icy, and clarify requirements for individuals receiving mileage re-
imbursement under the MTP.
Comments
The comment period ended June 2, 2013. During this period,
HHSC received comments from two organizations, LeFleur
Transportation of Texas, Inc., and the Coalition for Nurses in
Advanced Practice. A summary of comments relating to the
rules and HHSC's responses follows.
Comment: A commenter requested that HHSC consider two ad-
ditions to the client's rights and responsibilities in 380.301(b) to
require recipients and attendants to observe all Texas safety-belt
laws while receiving medical transportation services and to re-
quire recipients and attendants to provide and install any age
appropriate child safety seats required for transport in compli-
ance with state laws.
Response: HHSC recognizes the important safety issues raised
by the commenter. However, the comment is outside of the
scope of the proposed rulemaking action as published in the
Texas Register. HHSC will consider the comment for future po-
tential rulemaking purposes.
Comment: A commenter requested clarification on whether
380.502(2) and (3) requires a contracted broker to directly
access the Department of Public Safety (DPS) records to obtain
required checks or whether the contracted broker is allowed
to obtain required checks through a third party vendor that
retrieves applicable records for vehicle operators, including any
DPS records.
Response: Contracted brokers are required to check the driv-
ing record and public criminal record information maintained by
DPS of each motor vehicle operator providing services or seek-
ing to provide services under the MTP to satisfy the statutory
requirements contained in Government Code 531.02414. Sec-
tion 380.502(2) and (3) implements the statutory requirements
of 531.02414(e)(3) and (4) of the Government Code, which
specifically requires a regional contracted broker to check the
driver record information and the public criminal record informa-
tion maintained by DPS and made available to the public through
DPS's website of each motor vehicle operator providing services
or seeking to provide services under the MTP. Contracted bro-
kers can directly access the information from DPS or elect to use
a third party vendor to access the applicable records for vehicle
operators through the DPS Internet website. No changes were
made to the rules in response to this comment.
Comment: A commenter requested revising the requirements
for Transportation for Indigent Cancer Patients (TICP) in
380.201(b)(9) to add an advanced practice registered nurse
and a physician assistant to those who are authorized to confirm
a cancer or cancer-related diagnosis and 380.201(b)(9)(A)
to expand services to allow transportation to a cancer-related
diagnostic visit in which the patient will not see a physician.Response: The comment is outside of the scope of the proposed
rulemaking action as published in the Texas Register. However,
HHSC will consider the comment for future potential rulemaking
purposes.
HHSC made the following changes to correct minor problems
with sentence structure in the proposed text as published:
In 380.201(b), HHSC removed a hyphen and "TICP" at the be-
ginning of the sentence.
In 380.201(b)(5)(A), HHSC added a closing parenthesis to the
subparagraph's parenthetical phrase.
SUBCHAPTER A. PROGRAM OVERVIEW
1 TAC 380.101
Legal Authority
The amendment is adopted under Texas Government Code
531.033, which provides the Executive Commissioner of HHSC
with broad rulemaking authority; and Texas Human Resources
Code 32.021 and Texas Government Code 531.021(a),
which provide HHSC with the authority to administer the federal
medical assistance (Medicaid) program in Texas; and Texas
Government Code 531.02414, which requires HHSC to adopt
rules to ensure the safe and efficient provision of nonemergency
transportation services under the MTP by regional contracted
brokers and subcontractors of regional contracted brokers.
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 July 17, 2013.
TRD-201302935
Steve Aragon
Chief Counsel
Texas Health and Human Services Commission
Effective date: August 6, 2013
Proposal publication date: April 26, 2013
For further information, please call: (512) 424-6900
SUBCHAPTER B. ELIGIBILITY, PROGRAM
SERVICES, PROCESSES, ADDITIONAL
TRANSPORTATION CONNECTED WITH AN
AUTHORIZED TRIP, LIMITATIONS, AND
EXCLUSIONS
1 TAC 380.201, 380.203, 380.205, 380.209
Legal Authority
The amendments are adopted under Texas Government Code
531.033, which provides the Executive Commissioner of HHSC
with broad rulemaking authority; and Texas Human Resources
Code 32.021 and Texas Government Code 531.021(a), which
provide HHSC with the authority to administer the federal medi-
cal assistance (Medicaid) program in Texas; and Texas Govern-
ment Code 531.02414, which requires HHSC to adopt rules to
ensure the safe and efficient provision of nonemergency trans-
portation services under the MTP by regional contracted brokers
and subcontractors of regional contracted brokers.ADOPTED RULES August 2, 2013 38 TexReg 4889
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Texas. Secretary of State. Texas Register, Volume 38, Number 31, Pages 4821-4956, August 2, 2013, periodical, August 2, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth326805/m1/69/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.