Texas Register, Volume 10, 63, Pages 3197-3236, August 23, 1985 Page: 3,203
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may be taken by either lh-e therome:s
or other devices de signed to accurately
measure the temperature of the delvered
fuel at the time of loading.
(e) Testing and accuracy of meters
and thermometers or other devices designed
to accurately measure the temperature of
fuel. Meters must be tested each 90 days or
after five million gallons through-put,
whichever occurs first. The accuracy of any
meter being used must be maintained within
one-tenth of 1.0% of correct volume dur-
ing all loading or unloading operations. The
tests of meters shall be determined by the
methods provided by the American Socie-
ty of Mechanical Engineers-American Pe-
troleum Institute for the installation prov-
ing and operation of meters in liquid hydro-
carbon service. Thermometers or other de-
,ices designed to accurately measure the
temperature of fuel must be tested each 90
days and must conform to standards set by
the American Society of Mechanical Engi-
neers-American Petroleum Institute or Na-
tional Bureau of Standards.
(f) Records. A record of all tests must
be maintained, open for examination by the
comptroller, for a period of four years.
(g) Posting of results. The results of
the most recent test on all meters and ther-
mometers or temperature measuring device
benlag used must be posted in a conspicuous
place at each terminal where the tests are
required.
issued in Austin, Texas, on August 16, 1965TRD-857517
Bob Bullock
Comptroller of Public
AccountsEffective date August 16, 1965
Expiration date: December 14, 1985
For further Information, please call
(512) 463-4006.TITLE 40. SOCIAL
SERVICES AND
ASSISTANCE
Part I. Texas Department of
Human Resources
Chapter 11. Commodity
Programs
Emergency Food Assistance
Program
*40 TAC 111.6010
(Editor's note: The text of the following ruae
repealed on an emergency basis will not be
published. The rule may be examined in the
offices of the Texas Department of Human
Resoutres, 701 West 51st Street, Austin, or
in the Texas Register office, Room 503E,
Sam Houston Building, 201 East 14th
Street, Austin.)The Texas Department of Human
Resources adopts on an emergency ba-
asi the repeal of 11.0010, concerning ad-
vance payments in the Emergency Food
Assistance Program rules Because of
technical difficulties, the rule was
adopted in the August 6, 1985, issue of
the Texas Register, rather than withdrawn
as the department intended. The depart-
ment intended to withdraw the rule be-
cause issuing advance payments Jeopar-
dizes the limited funds available for the
Emergency Food Assistance Program.
The department adopts the repeal on an
emergency basis to ensure the program
can continue to meet Its financial obliga-
tions. Failure to Implement the repeal
would result in imminent peril tr the
health, safety, and welfare of emergen-
cy food assistance recipients
The repeal is adopted on an emergency
basis under the Human Resources Code,
Title 2, Chapter 22 and Chapter 33, which
authorizes the department to administer
public assistance programs.
11.6010. Advance Payment.
Issued in Austin, Texas, on August 16, 1985TRD-857528
Marlin W Johnston
Commissioner
1ixes Department of
Human ResourcesEffective date: August 19, 1985
Expiration date: December 17, 1965
For further Information, please call
(512) 4o50-376e6.Chapter 48. CCAD
Model Waiver Program
* 40 TAC 148.2501, 148.2502
The Texas Department of Human
Resources adopts on an emergency ba-
sin new 548.2501 and 48.2502, concern-
ing the Model Waiver Program in its Com-
munity Care for Aged and Disabled
(CCAD) chapter. Section 48.2501 con-
cems client eligibility criteria for admis-
sion Into the program according to the
terms of the 1915(c) waiver request ap-
proved by the Health Care Financing Ad-
ministration (HCFA). Section 48.2502 con-
cams an applicant's right to appeal de-
nial of services Failure to implement the
policies Immediately would circumvent
the intent of the Medicaid waiver to pro-
vide home and community-based cover-
age for multiply disabled individuals who
currently receive no assistance. Delayed
implementation would result in imminent
peril to the health, safety, and welfare of
the Individuals as other alternatives for
care have been exhausted. In response
to the Texas Board of Human Resources,
the Office of Services to Aged and Dis-
abled developed a waiver request autho-
rized by Public Law 97-35, 2176. and theSocial Security Act, 1915(c), as amended.
The waiver was required to allow Title XIX
(Medlckld) reimbursement for certain
home and community-based services
provided as cost-effective alternatives to
placement in nursing facilites (ICF, SNF)
or intermediate care facilities for the
mentally retarded (ICF-MR) The services
will be provided to a limited number of
eligible clients. The home and communi-
ty-based services approved for Title XIX
reimbursement under the authority of the
waiver request include: the full benefits
of the Texas State Medicaid Plan, case
management, home health aides, person-
al care, and nursing services Under the
terms of the waiver request approved by
HCFA, admission irto the Model Waiver
Program is limited to 50 eligible clients
per year Implementation of the Model
Waiver Program is scheduled for Septem-
ber 1, 1985 Simultaneous proposed rules
appear in this issue of the Texas
Register.
The new sections are adopted on an
emergency basis under the Human Re-
sources Code, Title 2, Chapter 22, which
authorizes the department to administer
public assistance programs.
148.2501. Client Eligibility Criteria.
(a) To be determined eligible by the
Texas Department of Human Services for
the Model Waiver Program, an applicant
must:
(1) he 18 years or under;
(2) have been denied eligibility for
Supplemental Security Income (SSI) bene-
fits in the home or community setting based
on the deeming rules for parental or spouse
income as determined by the Social Securi-
ty Administration and therefore, be ineligi-
ble for Medicaid benefits;
(3) meet income and resource re-
quirements for assistance from the Texas
Medicaid Program based on the require-
ments of the SSI Program;
(4) live in Texas;
(5) meet the level-of-care criteria
for SNF, ICF, or ICF-MR according to ap-
plicable state and federal regulations and as
verified on the level-of-care assessment
form. Re-evaluations are performed every
six months using the same criteria, process,
and documentation used by the Texas De-
partment of Health (TDH) in making pre-
admission level-of-care determinations;
(6) meet criteria for disability, as
documented on the appropriate DHR
forms, using the SSI disability criteria;
(7) have a physician approved plan
of care which specifies the type of waiver
services, the units of waiver services, and
their frequency, duration, and cost. The
physician's approval of a plan of care cer-
tifies that the authorized services are nec-
essary to avoid an institutional placement
and are appropriate to meet the applicant's
needs in the home.
(b) An applicant who meets the ICF-
MR level-of-care criteria must have an indi-
vidual plan of care developed by a TexasACnErgerF y Rdes Alaru 23, IlS 10 TrexR JM
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Texas. Secretary of State. Texas Register, Volume 10, 63, Pages 3197-3236, August 23, 1985, periodical, August 23, 1985; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243714/m1/9/?q=32+TexReg+3206: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.