Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,871

                                
Comments on the proposal may be submitted to Cossy Hough,
LMSW-ACP, Texas Department of Health, 1100 West 49th
Street, Austin, Texas 78756, (512) 458-7111, extension 6664.
Comments will be accepted for 30 days following publication of
the proposal in the Texas Register.
A public hearing regarding this repeal will be held on April 8,
2003, from 1:00 p.m. to 4:00 p.m. at the Texas Department of
Health, Board of Health Room, Room M739, 1100 West 49th
Street, Austin, Texas 78756.
The repeals are proposed under the Health and Safety Code,
12.001 which provides the Board of Health (board) with the
authority to adopt rules to implement every duty imposed by law
on the board, the department and the commissioner of health;
and under the Health and Safety Code, Chapter 32, which
provides the board with the authority to establish maternal and
infant health improvement services programs in the department
to serve eligible recipients; the Human Resources Code,
22.0031, which mandates case management for high risk
pregnant women and high risk infants; the Human Resources
Code, Chapter 32, which enables the state to provide medical
assistance; the Government Code, 531.021, which provides
HHSC with the authority to propose rules to administer the
state's medical assistance program and are submitted by the
Texas Department of Health under its agreement with HHSC to
operate the EPSDT program, and as authorized under 1.07 of
the Acts of the 72nd Legislature, First Called Session (1991),
Chapter 15, as amended by the Acts of the 73rd Legislature,
Chapter 747, 2.
The repeals affect the Health and Safety Code, Chapter 32, the
Human Resources Code, 22.0031 and Chapter 32.
33.501. Definitions.
33.502. Eligible Recipients.
33.503. THSteps Medical Case Management Services.
33.504. Service Limitations.
33.505. Applicant and Provider Qualifications.
33.506. Application, Review and Monitoring Processes.
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-200301863
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 458-7236
CHAPTER 37. MATERNAL AND INFANT
HEALTH SERVICES
SUBCHAPTER E. MEDICAID CASE
MANAGEMENT SERVICES FOR HIGH RISK
PREGNANT WOMEN AND HIGH RISK
INFANTS

25 TAC 37.81 - 37.86
(Editor's note: The text of the following sections proposed for repeal
will not be published. The sections may be examined in the offices of
the Texas Department of Health or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Department of Health (department) proposes the re-
peal of 37.81 - 37.86, concerning case management for high-
risk pregnant women and high-risk infants.
Government Code, 2001.039, requires that each state agency
review and consider for readoption each rule adopted by that
agency pursuant to the Government Code, Chapter 2001
(Administrative Procedure Act). The department has reviewed
37.81 - 37.86 and has determined that the proposed repeals
are necessary because the subject of these rules will be incor-
porated into a new chapter proposed for adoption as described
in this preamble.
The department published a Notice of Intention to Review
37.81 - 37.86 in the Texas Register on January 28, 2000 (25
TexReg 602). No comments have been received.
The proposed repeal of 37.81 - 37.86 is necessary in order to
combine the affected sections in Chapter 27, entitled Case Man-
agement for Children and Pregnant Women. Combining these
sections in this new chapter will ensure integration of services
to the eligible population for case management services: chil-
dren with a health condition/health risk birth to 21 years and/or
high risk pregnant women of all ages. Specifically, the proposed
repealed sections cover introduction, definitions, case manage-
ment services; provider qualifications; application and review
process; and documents adopted by reference.
The department also proposes repeal of 32.301 - 32.305 and
32.307, of this title concerning case management for high-risk
pregnant women and high-risk infants. Specifically these sec-
tions cover definitions; eligible individuals; case management
services; service limitations; provider qualifications, and the right
to appeal. These sections are being proposed for repeal as they
are repeated in Chapter 37, 37.81 - 37.86. Sections 32.301
- 32.305 and 32.307 were not repealed when 37.81 - 37.86
were adopted. The proposed repeal is also necessary in order
to combine the affected sections in a new chapter entitled Chap-
ter 27, Case Management for Children and Pregnant Women.
The department at the same time is proposing the repeal
of Early and Periodic Screening, Diagnosis and Treatment,
Subchapter J, THSteps Medical Case Management Services,
33.501 - 33.506. The repeal is necessary in order to combine
these sections in new Chapter 27, Case Management for
Children and Pregnant Women. Specifically, these sections
cover definitions; eligible recipients; THSteps Medical Case
Management services; service limitations; applicant and
provider qualifications, and application, review and monitoring
processes.
The department also proposes new Chapter 27, Case Manage-
ment for Children and Pregnant Women, 27.1, 27.3, 27.5,
27.7, 27.9, 27.11, 27.13 and 27.15. The new sections are
proposed as an effort to combine case management programs
to meet the needs of pregnant women of all ages and children
with health conditions/health risk birth to 21 years. Specifically,
these new sections cover definitions; eligible recipients; case
management service provision; service limitations; applicant
and provider qualifications; and application, review and moni-
toring processes.

PROPOSED RULES April 4, 2003 28 TexReg 2871