The Texas Health and Human Services Commission (HHSC) proposes, on behalf of the Department of Aging and Disability Services (DADS), amendments to §62.11, concerning contracting requirements and §62.41, concerning record keeping; and the repeal of §62.43, concerning reimbursement, in Chapter 62, Contracting to Provide Transition Assistance Services.

BACKGROUND AND PURPOSE

The purpose of the amendments and repeal is to update and delete rules in Chapter 62 in conjunction with new Chapter 49, Contracting for Community Services, proposed elsewhere in this issue of the Texas Register . Proposed new Chapter 49 establishes a comprehensive rule base for contractors of community-based services, including transition assistance services. Therefore, the rules are being amended and repealed to remove provisions addressed in proposed new Chapter 49.

SECTION-BY-SECTION SUMMARY

The proposed amendment to §62.11 updates the reference to Chapter 49 to reflect the title of the proposed new Chapter 49. The proposed amendment deletes the requirement that a provider be a Center for Independent Living, have a current community care contract, or be currently designated as a Texas Area Agency on Aging because the requirements for obtaining and maintaining a contract are addressed in proposed new Chapter 49.

The proposed amendment to §62.41 deletes the requirements to keep records as required in Chapter 49 for the period described in §69.205 of this title (relating to Contractor's Records) because that section is proposed for repeal and proposed new Chapter 49 addresses record keeping. The proposed amendment clarifies that service delivery documentation includes purchase receipts, and that such documentation must be kept in the client file.

The proposed repeal of §62.43 deletes provisions regarding reimbursement because that subject is addressed in the proposed new Chapter 49.

FISCAL NOTE

James Jenkins, DADS Chief Financial Officer, has determined that, for the first five years the proposed amendments and repeal are in effect, enforcing or administering the amendments and repeal does not have foreseeable implications relating to costs or revenues of state or local governments.

SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSIS

DADS has determined that the proposed amendments and repeal will not have an adverse economic effect on small businesses or micro-businesses, because the amendments and repeal do not impose new requirements.

PUBLIC BENEFIT AND COSTS

Elisa Garza, DADS Assistant Commissioner for Access and Intake, has determined that, for each year of the first five years the amendments and repeal are in effect, the public benefit expected as a result of enforcing the amendments and repeal is increased consistency in the rules governing community services, outdated rules will be replaced with current ones, and DADS will have the ability to better ensure that it contracts with qualified and competent service providers, which will promote higher quality in service delivery.

Ms. Garza anticipates that there will not be an economic cost to persons who are required to comply with the amendments and repeal. The amendments and repeal will not affect a local economy.

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 Kathie Carleton-Morales at (512) 438-5046 in DADS Contract Oversight and Support. Written comments on the proposal may be submitted to Texas Register Liaison, Legal Services-8R031, Department of Aging and Disability Services W-615, P.O. Box 149030, Austin, Texas 78714-9030 or 701 West 51st St., Austin, Texas 78751; faxed to (512) 438-5759; or e-mailed to rulescomments@dads.state.tx.us . To be considered, comments must be submitted no later than 30 days after the date of this issue of the Texas Register . The last day to submit comments falls on a Sunday; therefore, comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered to DADS before 5:00 p.m. on DADS last working day of the comment period; or (3) faxed or e-mailed by midnight on the last day of the comment period. When faxing or e-mailing comments, please indicate "Comments on Proposed Rule 8R031" in the subject line.

STATUTORY AUTHORITY

The amendment is proposed under Texas Government Code, §531.0055, which provides that the HHSC executive commissioner 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; 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; and Texas Human Resources Code, §32.021, which provides that HHSC shall adopt necessary rules for the proper and efficient operation of the Medicaid program.

The amendment affects Texas Government Code, §531.0055 and §531.021, and Texas Human Resources Code, §161.021 and §32.021.