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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 72MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES
SUBCHAPTER BMEMORANDUM OF UNDERSTANDING CONCERNING COORDINATION OF SERVICES TO PERSONS WITH DISABILITIES
RULE §72.202Texas Department of Human Services (DHS)

      (iv) Residential care services are provided to eligible adults who require access to personal care services on a 24-hour basis, but not daily nursing intervention. Services may include board, protective supervision, personal care, social and recreational services, housekeeping, laundry, and transportation.

    (C) Client Managed Attendant Services Program. The Client Managed Attendant Services Program is targeted to the needs of younger persons with physical disabilities who need personal care services to continue living in the community. It allows clients to hire and supervise their own attendants and schedule care according to their daily routines. This project serves approximately 690 clients in nine sites throughout the state. The fiscal year 1993 budget is $5.5 million.

  (5) Long-Term Care Program.

    (A) The purpose of the statewide Long-term Care Program of DHS is to assure that quality care is provided to persons in long-term care and related facilities and that these facilities are properly utilized. DHS inspects and licenses nursing homes, custodial care homes, personal care homes, certain facilities for the mentally retarded, and certain adult day care and adult health care facilities. DHS surveys and certifies nursing homes and facilities for the mentally retarded that participate in Medicaid, and surveys and recommends certification of nursing home's participation in Medicare. DHS performs inspection of care visits relating to care and services provided to each Medicaid recipient in nursing homes and facilities for the mentally retarded and determines the appropriate level of care needed for each recipient.

    (B) The contact for program information is the associate commissioner for long-term care, (512) 450-4971.

    (C) DHS will continue the following memoranda of understanding with:

      (i) the Texas Department on Aging (TDoA) regarding that agency's ombudsman program and the responsibilities of both agencies in complaint investigations; and implementing the state long-term care plan for the elderly;

      (ii) the Texas Board of Licensure for Nursing Home Administrators for training of nursing home administrators; and

      (iii) TDoA to train ombudsmen and TDoA representatives on nursing facility standards and complaint investigation procedures.

    (D) In addition, DHS has entered into an inter-agency contract with the Texas Department of Corrections (TDC) to microfiche old records.

  (6) Other DHS services. All DHS services are available to low-income persons with disabilities based on the eligibility criteria associated with the various funding sources.

(b) Service delivery data. DHS has a variety of data identifying the type of services, the number of clients receiving services, and expenditure data for all programs. The most comprehensive DHS documents that contain service delivery and expenditure data are:

  (1) Legislative appropriations request (LAR). The LAR is a document prepared and submitted to the Legislative Budget Board and the governor's Budget Office prior to each legislative session. It contains DHS's request for appropriations for the next biennium based on four levels of funding for each program and activity. It also provides a summary of DHS's request. Specifically, it provides the objective and a description of each program and activity as well as data for need indicators, performance measures, object of expense, and method of finance for a five-year period. This period includes two years of the appropriations request and the three previous years.

  (2) Fiscal year operating plan. The fiscal year operating plan is the budget for DHS based on appropriations received. It contains a breakdown of budgeted dollars by program area and activity at the state level. For each program, the document states the need, the description of program activities, the budget allocation for each activity, the performance measures or units of service, and the method of finance. The allocation covers a three-year period consisting of the current fiscal year and two previous years.

  (3) Annual report. The annual report is a fiscal-year description of DHS services, a review of the services, and an accounting of DHS's expenditures. The report contains a section of statistics that depicts estimated expenditures by method of finance; benefit expenditures by region; a summary by county of agency information; aged and disabled benefits, and families and children benefits; and data concerning the regulation of child care facilities.

    (A) In addition to client data, DHS has demographic data from the 1990 United States Census, the 1989 Special Texas Census, and population estimates and projections from the state comptroller's office and Texas A&M University. The 1989 Special Texas Census was a mailout survey to the general population of Texas. It was a data-collection effort comprising a sample of 44,000 Texas households to identify human service needs in support of the DHS budget and planning process. With an adjusted response rate of about 66% of the valid sample, data was collected for more than 23,000 households. The data collected for each person concentrated on money; income; demographics (age, sex, race/ethnicity, marital status, language, and education); employment status; medical insurance coverage; medical utilization; disability; functional impairment; help available for persons with disabilities; child care; child support payment; knowledge about runaways; child abuse and/or neglect; and family violence shelters. Based on the response rate and the selection of data variables, data may provide adequate representation for the state and for DHS regions. DHS service delivery and demographic data may be requested from the Budget Management Services Department.

    (B) The OSPD also develops an annual report containing the yearly activities of implementing the DHS position statement and recommendation of the task force on services to persons with disabilities and DHS advisory committee for the aged and disabled (ADAC). It describes the accomplishments toward achieving goals, objectives, and products detailed in the OSPD strategic plan.


Source Note: The provisions of this §72.202 adopted to be effective September 1, 1993, 18 TexReg 5595.

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