Texas Register, Volume 18, Number 22, Pages 1783-1825, March 19, 1993 Page: 1,802
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(1)-(2) (No change.)
(f) According to Public Law
96-272 a client who draws VA pension
benefits grandfathered from December 31,
1978, is not required to apply for aid and
attendance or any additional benefits under
the 1979 VA pension plan. Clients who
have changed to the 1979 pension plan or
who initially obtain entitlement to a VA
pension after January 1, 1979, are required
to apply for aid and attendance or other
potentially available benefits as a condition
of eligibility.
(g) A disabled individual under 65
must accept vocational rehabilitation ser-
vices available to him. If he refuses to
accept these services without good cause,
he is ineligible for Medicaid benefits. This
provision does not apply to clients whose
eligibility is because of blindness.
(h) An SSI client eligible because
of disability and who is medically deter-
mined to be a drug addict or alcoholic must:
(1)-(2) (No change.)
(i) If the client does not comply
with the requirements in subsection (h) of
this section, he is ineligible for benefits.
This provision does not apply to SSI clients
whose eligibility is because of age or blind-
ness.
(j) According to Public Law
101-508, a client is not required to accept,
as a condition of eligibility, payments that a
state may make as compensation to victims
of crime.
This agency hereby certifies that the rule as
adopted has been reviewed by legal counsel
and found to be a valid exercise of the agen-
cy's legal authority.
Issued in Austin, Texas, on March 15, 1993.
TRD-9320250 Nancy Murphy
Agency Liaison, Policy and
Document Support
Texas Department of
Human Services
Effective date: May 1, 1993
Proposal publication date: February 5, 1993
For further information, please call: (512)
450-3765
Part IX. Texas Department
on Aging
Chapter 251. Support
Documents
Statutes and Regulations
* 40 TAC 251.7
The Texas Department on Aging adopts the
repeal of 40 TAC 251.7 concerning
carryover policy, without changes to the pro-
posed text as published in the January 1,1993, issue of the Texas Register (18
TexReg 37). Section 251.7 has been revised
in its entirety and resubmitted for proposed
adoption under this chapter. Without adoption
of this repeal, duplication of rules will occur.
No comments were received regarding adop-
tion of the repeal.
The repeal is adopted under the Human Re-
sources Code, 101, which provides the
Texas Department on Aging with the authority
to promulgate rules governing the operation
of the department.
This agency hereby certifies that the rule as
adopted has been reviewed by legal counsel
and found to be a valid exercise of the agen-
cy's legal authority.
Issued in Austin, Texas, on March 11, 1993.TRD-9320121
Mary Sapp
Executive Director
Texas Department on
AgingEffective date: October 1, 1993
Proposal publication date: January 1, 1993
For further information, please call: (512)
444-2727
The Texas Department on Aging adopts new
251.7 concerning carryover policies to bq
followed by the Department regarding unex-
pended funds awarded to area agencies on
aging, with changes to the proposed text as
published in the January 1, 1993, issue of the
Texas Register (18 TexReg 37).
The new section has been revised in its en-
tirety and provides procedures to be followed
regarding unexpended funds awarded to area
agencies on aging. It implements new meth-
ods for determining the validity of carryover
for each area agency and establishes a new
process for distributing funds identified in the
carryover process.
The new section will function to improved
understanding of the processes used by the
Department to accomplish the carryover pro-
cess.
During the public comment period, comments
were received form the Texas Association of
Area Agencies on Aging (T4A), Houston Gal-
veston Area Agency on Aging, South Plains
Association of Governments, Region VI, Ad-
ministration on Aging (DHHS), and the Oper-
ations Committee of the Texas Board on Ag-
ing.
Comment: One commenter recommended
deletion of all references to "5.0%" in Section
(d) and insert "6.0%". The commenter also
commented that, "it is unclear how an AAA
could qualify for the additional 1.0%
carryover-moving from 5.0%-6.0%. Recom-
mend changing all occurrences of 5.0% to
6.0% to eliminate this disparity."
Response: The purpose of the two rates was
clarified to the satisfaction of all persons in
attendance at the public hearing. Therefore,
no change to the standard, as published, was
approved by the Board on Aging.
One commenter recommended deletion from(d): "In no case shall the total carryover ex-
ceed 5.0% of total Title III funding."
Response: Deletion was not appropriate after
the explanation of the difference in the two
rates. The phrase could have been removed
had only one rate been used. Therefore, no
change to the standard, as published, was
recommended or made by the Board on Ag-
ing.
Comment: One commenter stated that sub-
section (e) wpuld penalize the elderly, since
most carryover is service money.
Response: While it is true that most carryover
funds are derived from non-expenditure of
service funds, it is the responsibility of the
area agency to properly obligate those ser-
vice funds to minimize carryover. Carryover
funds derived from a particular service pro-
vider may indicate that the area agency has
not adequately distributed funds within the
planning and service area. Contrary to the
comment, forcing the area agency to better
analyze its funds allocations may cause im-
proved service delivery to the elderly within
each current year. Therefore, no change to
the standards, as published, was recom-
mended or made by the Board on Aging.
Comment: One commenter expressed con-
cern regarding the obligation authority related
to the carryover pool.
Response: The carryover pool is actually
generated from current year funding. All prior
year carryover is reobligated back to the
source agency. Therefore, because there is
no problem with obligation authority of funds
in the pool, no change to the standard, as
published, was made by the Board on Aging.
Comment: In addition to the public comment,
the Board on Aging and the Department staff
recommended that some minor changes be
made to wording of the adopted text to im-
proved clarity.
Response: Minor changes to the text have
been incorporated as suggested.
The repeal is adopted under the Human Re-
sources Code, 101, which provides the
Texas Department on Aging with the authority
to promulgate rules governing the operation
of the department.
251.7. Carryover policy-Older Americans
Act, Title IlI.
(a) Background and purpose. The
Texas Department on Aging has revised the
policy regarding the carryover of unex-
pended funds awarded in the prior fiscal
year. The new policy establishes the criteria
under which a subgrantee agency may re-
quest authorization to expend Older Ameri-
cans Act, Title III, funds during the fiscal
year immediately following the fiscal year
for which the funds were initially awarded.
(b) Carryover. Carryover is defined
as any funds awarded for which no goods or
services have been received, financial obli-
gation encumbered, or services performed
by employees, contractors, subgrantees, or
other payees.
(c) Notification of grant award. The'18 TexReg 1802 March 19, 1993
Texas Register
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Texas. Secretary of State. Texas Register, Volume 18, Number 22, Pages 1783-1825, March 19, 1993, periodical, March 19, 1993; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth181704/m1/19/?rotate=90: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.