Texas Register, Volume 30, Number 41, Pages 6499-6834, October 14, 2005 Page: 6,599
6499-6834 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:
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 September 28,
2005.
TRD-200504345
Phoebe Knauer
General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: November 13, 2005
For further information, please call: (512) 438-3734
CHAPTER 52. EMERGENCY RESPONSE
SERVICES
The Health and Human Services Commission (HHSC) pro-
poses, on behalf of the Department of Aging and Disability
Services (DADS), the repeal of Chapter 52, Emergency Re-
sponse Services, consisting of 52.101, 52.201, 52.301,
52.401 - 52.403, 52.501, 52.503, and 52.601; and proposes
new Chapter 52, Contracting to Provide Emergency Response
Services, consisting of Subchapter A, 52.101 and 52.103,
concerning purpose and definitions; Subchapter B, 52.201
and 52.203, concerning contracting requirements; Subchapter
C, 52.301 and 52.303, concerning staff requirements and
responders; Subchapter D, 52.401, 52.403, 52.405, 52.407,
52.409, 52.411, 52.413, 52.415, 52.417, 52.419, and 52.421,
concerning service delivery and equipment; and Subchapter
E, 52.501 and 52.503, concerning claims payment and
documentation.
Background and Purpose
The purpose of the new sections and repeal is to reorganize
the rules in Chapter 52 and to rewrite them in plain English that
will be easier for the public, including individuals and providers,
to locate and understand. The new rules incorporate require-
ments for providers of the Emergency Response Services (ERS)
in the Community Based Alternatives (CBA) Program, the Con-
solidated Waiver Program (CWP), and the Community Care for
Aged and Disabled (CCAD) ERS Program.
Section-by-Section Summary
The new rules govern the contracting, provider staff, service
delivery, equipment, and documentation requirements of ERS.
The new rules also incorporate existing ERS policy into rule lan-
guage, update licensing agency references, reduce a provider's
documentation and notification requirements by allowing speci-
fied information to be kept in an individual's file and not requiring
its submission to the DADS contract manager, update terminol-
ogy in order to be consistent with other Community Care pro-
grams, and add a rule concerning an interdisciplinary team in
order to help resolve service delivery issues.
Fiscal Note
Gordon Taylor, DADS Chief Financial Officer, has determined
that, for the first five years the proposed new sections and repeal
are in effect, enforcing or administering the new sections and
repeal does not have foreseeable implications relating to costs
or revenues of state or local governments.
Small Business and Micro-business Impact AnalysisDADS has determined that there is no adverse economic effect
on small businesses or micro-businesses as a result of enforcing
or administering the new sections and repeal because the new
sections clarify and streamline the program processes without
adding requirements that will have an adverse economic effect
on provider agencies.
Cost to Persons and Effect on Local Economies
DADS does not anticipate that there will be an economic cost
to persons who are required to comply with the new sections
and repeal. The new sections and repeal will not affect a local
economy.
Public Benefit
Barry Waller, Assistant Commissioner for Provider Services, has
determined that, for each year of the first five years the new sec-
tions and repeal are in effect, the public benefit expected as a
result of enforcing the new sections and repeal is the promulga-
tion of rules that will clearly describe ERS provider responsibil-
ities. The new rules also reduce the amount of documentation
and notification that a provider must submit to the DADS case
manager, freeing up staff time and resources.
Takings Impact Assessment
DADS has determined that this proposal does not restrict or limit
an owner's right to his or her property that would otherwise exist
in the absence of government action and, therefore, does not
constitute a taking under Texas Government Code, 2007.043.
Public Comment
Questions about the content of this proposal may be directed to
Maxcine Tomlinson at (512) 438-3169 in DADS' Community Ser-
vices Policy Development and Support Unit. Written comments
on the proposal may be submitted to Texas Register Liaison, Le-
gal Services-201, Department of Aging and Disability Services
W-615, P.O. Box 149030, Austin, Texas 78714-9030, within 30
days of publication in the Texas Register.
SUBCHAPTER A. DEFINITIONS
40 TAC 52.101
(Editor's note: The text of the following section proposed for repeal
will not be published. The section may be examined in the offices of the
Department of Aging and Disability Services or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street,
Austin.)
The repeal is proposed under Texas Government Code,
531.0055, which provides that the HHSC executive com-
missioner shall adopt rules for the operation and provision of
services by the health and human services agencies, including
DADS; Texas Human Resources Code, 161.021, which
provides that the Aging and Disability Services Council shall
study and make recommendations to the HHSC executive
commissioner and the DADS commissioner regarding rules
governing the delivery of services to persons who are served or
regulated by DADS; and Texas Government Code, 531.021,
which provides HHSC with the authority to administer federal
funds and plan and direct the Medicaid program in each agency
that operates a portion of the Medicaid program.
The repeal affects Texas Government Code, 531.0055 and
531.021, and Texas Human Resources Code, 161.021.
52.101. Definitions of Program Terms.PROPOSED RULES October 14, 2005 30 TexReg 6599
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 30, Number 41, Pages 6499-6834, October 14, 2005, periodical, October 14, 2005; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97314/m1/98/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.