Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,859
2821-2988 p. ; 28 cm.View a full description of this periodical.
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The amendments are proposed under the Human Resources
Code, 32.021(c), which allows the department to establish
rules governing the Medicaid program; the Health and Safety
Code, 12.001, which provides the Texas Board of Health
(board) with the authority to adopt rules for its procedures and
the performance of each duty imposed by law on the board,
the department and the Commissioner of Health; and the
Government Code, 531.021, which provides the Health and
Human Services Commission with the authority to administer
the state's medical assistance program and are submitted by
the department under its agreement with the Health and Human
Services Commission to operate the Early and Periodic Screen-
ing, Diagnosis, and Treatment program as authorized under
Acts 1991, 72nd Legislature, First Called Session, Chapter 15,
1.07.
The proposed amendments affect the Human Resources Code,
Chapter 32.
33.61. Recipient Rights.
(a) Acceptance of THSteps [all early and periodic screening,
diagnosis and treatment (BPSDT)] services is [must be] voluntary. Ac-
ceptance or refusal of THSteps [EPSDT] services does not affect eligi-
bility for or benefits of any other Medicaid [department] service.
(b) A recipient who refuses THSteps [EPSDT] services may,
still subsequently [at a later time] request and be provided such ser-
vices if still eligible for Medicaid and THSteps.
(c) All THSteps [EPSDT] records about recipients are consid-
ered confidential information.
33.62. Confidentiality of Records.
(a) Public laws [law] and Medicaid regulations prohibit the
disclosure of information about Medicaid recipients without the re-
cipient's consent, except for purposes directly connected with [to] the
administration of the program (see 42 U.S.C. 1396a(a)(7); 42 C.F.R.
431.301-431.306; Human Resources Code 12.003 and 21.012;
Government Code 552.101). Eligibility and other information for
which the recipient gives consent may [information will] be provided
to THSteps screeningg diagnosis and treatment] providers [and other
information for which the recipient giveseensent]. Medicaid providers
of THSteps services [screening,,ago and treatment] are not
considered directly connected with the administration of the program.
Consequently, THSteps [screening, nosis and treatment] providers
are not entitled to confidential information, including lists of names
and addresses of recipients, without the consent of the recipient.
(b) Contracted agencies performing certain administrative
functions are considered an extension of TDH [the department] in
exercising its responsibility [responsibilities] to ensure effective
THSteps program operations. Such agencies, including [TDH and]
contractors for outreach, informing [fellow-up], and transportation
services, may receive confidential information without an individual
recipient's consent to the extent that it is necessary in the administra-
tion of the contract. Pursuant to 42 U.S.C .1396a(a)(7), 42 C.F.R.
431.301-431.306 and Human Resources Code 12.003 [However],
these agencies are bound by the same standards of confidentiality as
TDH [the department]. They must provide effective safeguards to
ensure confidentiality.
33.63. Consent.
Consent by a person who may legally give consent is necessary for
participation in THSteps [EPSDT]. Consent requires the free exercise
of choice without any force, fraud, deceit, constraint, or coercion by an
individual or his legally authorized representative. The basic elements
necessary to consent include:(1) - (4) (No change.)
(5) a statement that the person is free to deny [not consent]
or withdraw consent and discontinue participation at any time without
any loss of other Medicaid [department] benefits and services.
33.66. Freedom of Choice.
(a) All THSteps [EPSDT] recipients have the right to choose
participating providers of THSteps medical and [screening,] dental
check-up [m-and] diagnosis, and treatment services.
(b) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 21, 2003.
TRD-200301856
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 458-72364
4
SUBCHAPTER C. ELIGIBILITY
25 TAC 33.112
The amendment is proposed under the Human Resources
Code, 32.021(c), which allows the department to establish
rules governing the Medicaid program; the Health and Safety
Code, 12.001, which provides the Texas Board of Health
(board) with the authority to adopt rules for its procedures and
the performance of each duty imposed by law on the board,
the department and the Commissioner of Health; and the
Government Code, 531.021, which provides the Health and
Human Services Commission with the authority to administer
the state's medical assistance program and are submitted by
the department under its agreement with the Health and Human
Services Commission to operate the Early and Periodic Screen-
ing, Diagnosis, and Treatment program as authorized under
Acts 1991, 72nd Legislature, First Called Session, Chapter 15,
1.07.
The proposed amendment affects the Human Resources Code,
Chapter 32.
33.112. Eligibility for Services.
[All] Medicaid recipients under age 21 are eligible for THSteps medi-
cal and dental check-ups, diagnosis, and treatment [EPSDT] services[.
Services can be continued] through the month of the recipient's 21st
birthday [eligible recipient becomes 2-].
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 21, 2003.
TRD-200301857
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 458-7236PROPOSED RULES April 4, 2003 28 TexReg 2859
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/38/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.