Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007 Page: 7,933
7777-8060 p. ; 28 cm.View a full description of this periodical.
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Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: November 8, 2007
Proposal publication date: August 3, 2007
For further information, please call: (512) 458-7111 x6972
SUBCHAPTER G. VACCINATION STAMPS
25 TAC 97.151 - 97.156
STATUTORY AUTHORITY
The amendments and new rule are authorized by Health and
Safety Code, 81.021; and Government Code, 531.0055, and
Health and Safety Code, 1001.075, which authorize the Execu-
tive Commissioner of the Health and Human Services Commis-
sion to adopt rules and policies necessary for the operation and
provision of health and human services by the department and
for the administration of Health and Safety Code, Chapter 1001.
Review of the rules implements Government Code, 2001.039.
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 October 19,
2007.
TRD-200705006
Lisa Hernandez
General Counsel
Department of State Health Services
Effective date: November 8, 2007
Proposal publication date: August 3, 2007
For further information, please call: (512) 458-7111 x6972
TITLE 40. SOCIAL SERVICES AND ASSIS-
TANCE
PART 19. DEPARTMENT OF FAMILY
AND PROTECTIVE SERVICES
CHAPTER 732. CONTRACTED SERVICES
The Health and Human Services Commission (HHSC) adopts,
on behalf of the Department of Family and Protective Services
(DFPS), amendments to 732.105, 732.240, 732.241, and
732.243; and the repeal of 732.256, without changes to the
proposed text published in the August 10, 2007, issue of the
Texas Register (32 TexReg 4959). The justification for the
amendments and repeal is to state that DFPS' residential
child-care contracts are subject to the HHSC rules found in 1
TAC Chapter 355, Reimbursement Rates; and clarify that the
DFPS rules relating to allowable and unallowable costs do not
apply to DFPS residential child-care contracts.
A new subsection (c) is added to 732.105 to clarify that allow-
able and unallowable costs for residential child-care contracts
are governed by the HHSC rules, the reference to 732.256 is
deleted, and the term "executive director" is changed to "com-
missioner."A new subsection (j) is added to 732.240 to clarify that allow-
able and unallowable costs for residential child-care contracts
are governed by the HHSC rules.
In 732.241, subsection (b) is deleted because the information
applies to "improper payments," which is already covered in
732.303(a) of this title (relating to Recoupment of Improper
Payments).
In 732.243 the reference to 732.256 is deleted and the agency
name is updated.
Section 732.256 is repealed because the rules relating to allow-
able and unallowable costs for residential child-care contracts
are governed by the HHSC rules, and this rule is no longer ap-
plicable.
The amendments and repeal will function by clarifying the in-
formation regarding allowable and unallowable costs relating to
residential child-care contracts.
No comments were received regarding adoption of the sections.
SUBCHAPTER A. GENERAL PROCEDURES
40 TAC 732.105
The amendment is adopted under Human Resources Code
(HRC) 40.0505 and Government Code 531.0055, which
provide that the Health and Human Services Executive Com-
missioner shall adopt rules for the operation and provision of
services by the health and human services agencies, including
the Department of Family and Protective Services; and HRC
40.021, which provides that the Family and Protective Ser-
vices Council shall study and make recommendations to the
Executive Commissioner and the Commissioner regarding rules
governing the delivery of services to persons who are served or
regulated by the department.
The amendment implements Government Code 2155.144.
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 October 18,
2007.
TRD-200704985
Gerry Williams
General Counsel
Department of Family and Protective Services
Effective date: December 1, 2007
Proposal publication date: August 10, 2007
For further information, please call: (512) 438-3437
SUBCHAPTER L. CONTRACT ADMINISTRA-
TION
40 TAC 732.240, 732.241, 732.243
The amendments are adopted under Human Resources Code
(HRC) 40.0505 and Government Code 531.0055, which
provide that the Health and Human Services Executive Com-
missioner shall adopt rules for the operation and provision of
services by the health and human services agencies, including
the Department of Family and Protective Services; and HRCADOPTED RULES November 2, 2007 32 TexReg 7933
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Texas. Secretary of State. Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007, periodical, November 2, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97421/m1/153/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.