Texas Register, Volume 25, Number 7, Pages 1219-1442, February 18, 2000 Page: 1,255
1219-1442 p. ; 28 cm.View a full description of this periodical.
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Roy Middleton has also determined that for state government,
there may be a fiscal impact to the State Medical Assistance
Program (Medicaid). The nature and amount of the fiscal
impact will be determined by the number of individuals who
move home, by the date on which they move home, and by
the severity of their medical condition and the intensity of their
medical and other care needs. The fiscal impact for each child
in FY 2000 may range from an estimated potential increased
cost of up to $18,208 ($7,019 in general revenue (GR)) per child,
per year, to an estimated potential savings of $8,708 ($3,357
in GR) per child, per year, based on a maximum participation
of five months. For FYs 2001 through 2004, the fiscal impact
for each child may range from an estimated potential increased
cost of up to $43,700 ($17,200 in GR) per child, per year to an
estimated potential savings of $20,900 ($8,226 in GR) per child
per year, based on 12 months of participation.
Roy Middleton has also determined that for each of the first
five years the sections are in effect, the public benefits as a
result of enforcing these sections will be that more families in
Texas will be able to keep their children in their own home.
There may be a positive economic effect on microbusinesses or
small businesses in that nurses, home and community support
agencies, and other providers of community-based care which
qualify as small or microbusinesses will gain revenue once a
child moves to a home or community setting. The positive
economic impact may range up to an estimated $102,882 per
child in a 12 month period. There may be an adverse economic
effect on micro or small businesses in that any nursing facility
which qualifies as a small or micro business will lose revenue
once a child is removed from the facility to a home or community
setting. The adverse economic impact may range up to an
estimated $84,488 per child in a 12 month period. There are
no economic costs to persons other than to the families of the
children who participate. There will be no anticipated impact on
local employment.
Comments on the proposal may be submitted in writing to Su-
san Penfield, M.D., Bureau of Children's Health, Texas Depart-
ment of Health, 1100 West 49th Street, Austin, Texas 78756, by
FAX at (512) 458-7238, or by telephone at (800) 252-8023 or
(512) 458-7111, extension 3104. Comments will be accepted
for 30 days following publication of this proposal in the Texas
Register. A public hearing will be held to receive comments
on the proposed rules from 10:00 am to 12:00 pm, on Thurs-
day, March 2, 2000, in Room K100 at the Texas Department of
Health, 1100 West 49th Street, Austin, Texas.
The amendment and new section are proposed under the Social
Security Act, 1915(c) relating to Medicaid waiver programs for
home or community based services; Chapter 15, 1.07, Acts of
the 72nd Legislature, First Called Session (1991), as amended
by Chapter 747, Actions of the 73rd Legislature (1993) which
authorizes the Texas Board of Health (board) to adopt rules
necessary to administer the MDCP; and the Health and Safety
Code12.001, which provides the board with authority to adopt
rules to implement every duty imposed by law on the board, the
department, and the commissioner of health.
No other statutes, articles, or codes are affected by the rules
as proposed
34.3. Participant Eligibility Criteria.
(a)-(b) (No change.)
(c) Deinstitutionalization.(1) The Board of Health shall determine the latest nursing
facility admission date for eligibility proposed under this section in
open meetings and review that date annually. An MDCP registrant
who was either admitted to a Texas nursing facility prior to the
date determined by the Board of Health, [September 1 -99- and
continues to reside in the faiity,] or one who was discharged from
a nursing facility after [between] September 1, 1995, [and September
- 1-997, following a using facility placement of at least four
months' d ]ration,] may apply for services to support the individual's
deinstitutionalization if the individual:
(A)-(B) (No change.)
(2)-(3) (No change.)
(d)-(i) (No change.)
34.31. Deinstitutionalization Due to Closure of Facility.
(a) An individual who resided in a Texas nursing facility
on November 1, 1999, and continued to reside there until they were
scheduled to be discharged from the facility due to its closure may
apply for services to support the individual's deinstitutionalization if
the individual:
(1) has been determined to be Medicaid eligible; and
(2) has met all of the criteria in 34.3(b) of this title
(relating to Participant Eligibility Criteria).
(b) The names of qualified individuals applying for nursing
facility deinstitutionalization under the Medically Dependent Children
Program ("MDCP") shall be maintained on a waiting list separate
from that for other MDCP registrants.
(c) An individual applying for nursing facility deinstitution-
alization under MDCP shall become eligible for waiver services under
this subsection if:
(1) a vacancy designated for qualified individuals under
this subsection exists within the waiver; and
(2) the individual's Texas Index for Level of Effort
(TILE) funding is available to be allocated for home and community-
based services.
This agency hereby certifies that the proposal has been re-
viewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office of the Secretary of State, on February 7,
2000.
TRD-200000885
Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: March 19, 2000
For further information, please call: (512) 458-7236
TITLE 34. PUBLIC FINANCEPart 5.
TRICTTEXAS COUNTY AND DIS-
RETIREMENT SYSTEMChapter 105. CREDITABLE SERVICE
34 TAC 105.3PROPOSED RULES February 18, 2000 25 TexReg 1255
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Texas. Secretary of State. Texas Register, Volume 25, Number 7, Pages 1219-1442, February 18, 2000, periodical, February 11, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113915/m1/38/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.