Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 5,999
5985-6306 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:
(1) mayor;
(2) city manager; and
(3) all city council members.
3.9407. Termination of Defunding Determination.
(a) A defunding determination issued by the PSO may be ter-
minated by the PSO if the defunding municipality has reversed the re-
duction in appropriation to the municipality's police department, as de-
scribed by Section 109.005, Local Government Code.
(b) A termination of a defunding determination shall be issued
in writing to the parties listed in 3.9406(b) of this chapter.
(c) Decisions concerning a termination of a defunding deter-
mination shall be made at the time of the annual review conducted by
PSO, unless a municipality submits to the PSO a separate request and
supporting documentation earlier.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on September 3,
2021.
TRD-202103522
Stephanie Greger
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: October 17, 2021
For further information, please call: (512) 463-2000
PART 15. TEXAS HEALTH AND
HUMAN SERVICES COMMISSION
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER M. HOME AND COMMUNITY
BASED SERVICES IN MANAGED CARE
1 TAC 353.1155
The Texas Health and Human Services Commission (HHSC)
proposes an amendment to 1 TAC 353.1155, concerning Med-
ically Dependent Children Program.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement Texas Government
Code, 531.0601, Long-term Care Services Waiver Program In-
terest Lists, for individuals enrolled in the Medically Dependent
Children Program (MDCP) who, on or after December 1, 2019,
become ineligible for MDCP for not meeting the level of care cri-
teria for medical necessity for nursing facility care or the criteria
of being under 21 years of age. Section 531.0601 was added to
the Texas Government Code by Senate Bill 1207, 86th Legisla-
ture, Regular Session, 2019.
The proposed amendment also ensures the eligibility criteria for
where an individual may reside is consistent with federal regula-
tions, the MDCP waiver application, and state law on the number
of children who can reside in an "agency foster home."
The proposed amendment aligns the MDCP interest list rules
with the interest list rules in the Community Living Assistance
and Support Services (CLASS), Deaf Blind with Multiple Disabil-ities (DBMD), Home and Community-based Services (HCS), and
Texas Home Living (TxHmL) waiver programs.
SECTION-BY-SECTION SUMMARY
The proposed amendment to 353.1155 deletes subsection (a)
because it is no longer necessary to include these applicability
statements. The statements are not necessary because MDCP
services are only provided under Medicaid managed care and
because the rules under 40 TAC, Chapter 51 Medically Depen-
dent Children Program were repealed effective December 22,
2020. The proposed amendment also reformats the rule section
due to the deletion of subsection (a).
The proposed amendment in subsection (b), reformatted as sub-
section (a), makes changes in two of the MDCP eligibility criteria
a managed care organization (MCO) assesses for an individ-
ual. The proposed amendment clarifies the criteria of not being
enrolled in "another Medicaid HCBS waiver program" by listing
each of the current waiver programs approved by the Centers
for Medicare & Medicaid Services. The proposed amendment
makes changes in the criteria for where an individual must reside
to: (1) ensure the MDCP rule complies with the Code of Federal
Regulations, Title 42, 441.301(b)(1)(ii) and (c)(5), that requires
Home and Community Based Services (HCBS) be provided in
a home and community-based setting; (2) clarify that the resi-
dency criteria applies to all individuals, not just individuals under
18 years of age; and (3) replace the "foster home" limit of no
more than four children with "agency foster home." "Agency fos-
ter home" is defined in Texas Human Resources Code, 42.002,
as a foster home that provides care for not more than six children
and is considered to be an HCBS setting. The proposed amend-
ment also makes minor editorial changes.
The proposed amendment in subsection (c), reformatted as sub-
section (b), makes the MDCP interest list rules consistent with
the other waiver program interest list rules by adding: (1) the ac-
tions HHSC takes after receiving a request to add an individual's
name to the MDCP interest list; and (2) how HHSC manages
the MDCP interest list for an individual determined diagnosti-
cally or functionally ineligible during the enrollment process for
the CLASS Program, DBMD Program, HCS Program, or TxHmL
Program. The proposed amendment: (1) for an individual who
becomes ineligible for MDCP due to the level of care criteria,
specifies that the individual or the individual's legally authorized
representative (LAR) may request one time that HHSC add the
individual's name to the first position on the MDCP interest list;
and (2) for an individual who becomes ineligible due to the level
of care criteria or the criteria of being under 21 years of age,
specifies that the individual or LAR may request that HHSC add
the individual's name to the interest list for any of the listed waiver
programs or change the individual's interest list date for any of
the listed waiver programs in accordance with the interest list
rules cited for each program. The proposed amendment, for an
individual on the MDCP interest list who is assessed for MDCP
and determined to be ineligible, adds that the individual has had
an opportunity to exercise the individual's right to a fair hearing
as described in 1 TAC Chapter 357, relating to Hearings. The
proposed amendment, for an individual assessed for MDCP and
determined to be ineligible, specifies that the individual may re-
quest to have the individual's name added to the MDCP interest
list as described in paragraph (1) of this subsection to replace
that the individual may request to be placed at the end of the in-
terest list.
The proposed amendments in subsections (d) - (h), reformatted
as subsections (c) - (g), make minor editorial changes.PROPOSED RULES September 17, 2021 46 TexReg 5999
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 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/17/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.