As required by Texas Government Code §531.0202(b), the Department of Aging and Disability Services (DADS) was abolished effective September 1, 2017, after all of its functions were transferred to the Texas Health and Human Services Commission (HHSC) in accordance with Texas Government Code §531.0201 and §531.02011. Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate. Until such action is taken, the rules in Title 40, Part 1 govern functions previously performed by DADS that have transferred to HHSC. Texas Government Code §531.0055, requires the Executive Commissioner of HHSC to adopt rules for the operation and provision of services by the health and human services system, including rules in Title 40, Part 1. Therefore, the Executive Commissioner of HHSC adopts the repeals of §§68.101, concerning Application; 68.102, concerning Definitions; and 68.103, concerning Use and Availability of EVV System.

The repeals of §§68.101 - 68.103 are adopted without changes to the proposed text as published in the September 18, 2020, issue of the Texas Register (45 TexReg 6586). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeals delete rules that are unnecessary or duplicative from the Texas Administrative Code (TAC). The new rules for EVV are adopted in 1 TAC Chapter 354, published elsewhere in this issue of the Texas Register.

COMMENTS

The 31-day comment period ended on October 19, 2020.

During this period, HHSC did not receive any comments regarding the repeals of the rules.

STATUTORY AUTHORITY

The rule repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services system; Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rulemaking authority; and Texas Human Resources Code §32.021 and Texas Government Code §531.021(a), which provide HHSC with the authority to administer the federal medical assistance (Medicaid) program in Texas.