PART 1. DEPARTMENT OF AGING AND DISABILITY SERVICES

CHAPTER 9. INTELLECTUAL DISABILITY SERVICES--MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES

SUBCHAPTER D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)

40 TAC §§9.153, 9.171 - 9.175, 9.177 - 9.180, 9.182, 9.183, 9.187, 9.188

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 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 Rules of the former DADS are codified in Title 40, Part 1, and will be repealed or administratively transferred to Title 26, Health and Human Services, as appropriate.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 Texas Administrative Code (TAC) 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 40 TAC Part 1. Therefore, the Executive Commissioner of HHSC repeals in 40 TAC Part 1, Chapter 9, Subchapter D, Home and Community-based Services (HCS) Program and Community First Choice (CFC) §§9.153, 9.171 - 9.175, 9.177 - 9.180, 9.182, 9.183, 9.187, and 9.188.

The repeal of §§9.153, 9.171 - 9.175, 9.177 - 9.180, 9.182, 9.183, 9.187, and 9.188 is adopted without changes as published in the February 17, 2023, issue of the Texas Register (48 TexReg 835). These rules will not be republished.

BACKGROUND AND JUSTIFICATION

The repeals are necessary to remove the rules in 40 TAC Part 1, Chapter 9, Subchapter D, and adopt new rules in 26 TAC Part 1, Chapter 565, Home and Community-based Services (HCS) Program Certification Standards.

COMMENTS

The 31-day comment period ended March 20, 2023. During this period, HHSC did not receive any comments regarding the repealed rules.

STATUTORY AUTHORITY

The 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 agencies, and 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 agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 1, 2023.

TRD-202302017

Karen Ray

Chief Counsel

Department of Aging and Disability Services

Effective date: June 21, 2023

Proposal publication date: February 17, 2023

For further information, please call: (512) 438-3161