Texas Administrative Code

(a) Briefs and other pleadings shall be typed or printed on paper not to exceed 8 1/2 inches by 11 inches with an inside margin of at least one inch width. Annexed exhibits shall be folded to the same size. Only one side of the paper shall be used. Copies may be used, provided th…

The provisions of this subchapter only apply to an adjudicative hearing referred to a hearing official not affiliated with SOAH. Notes 34 Tex. Admin. Code § 43.201 Adopted by Texas Register, Volume 49, Number 52, December 27, 2024, TexReg 10655 , eff. 1/2/2025

(a) Except as provided in subsection (d) of this section, the issuance of a subpoena in any proceeding under this chapter shall be governed by the Administrative Procedure Act, Government Code § 2001.089 . Upon a written request by a party showing good cause and payment of requir…

(a) At any time before an appeal is referred for adjudicative hearing, the chief benefit officer or, in the matter of certification for disability retirement, the Medical Board may grant the relief sought by the petitioner and dismiss the appeal, provided that the interests of ot…

(a) On a matter over which TRS has jurisdiction and authority to grant relief that does not conflict with the terms of the pension plan, a person may appeal a final administrative decision by filing a petition for adjudicative hearing with the deputy director. (b) A petition for …

A determination by the executive director or the executive director's designee regarding whether a court with jurisdiction over the marriage of a retiree and the beneficiary of an optional annuity selected by the retiree under Government Code § 824.204(c)(1), (c)(2) , or (c)(5) o…

(a) In the event that the Medical Board does not certify disability of a member under Government Code § 824.303(b) , or the Medical Board certifies that a disability retiree is no longer mentally or physically incapacitated for the performance of duty under Government Code § 824.…

(a) TRS is divided into administrative divisions, which are further divided into departments, for the efficient implementation of its duties. Any person who desires any action from TRS must consult with the proper department within TRS and comply with all proper requirements for …

(a) The procedures of this chapter apply only to administrative decisions, appeals, and adjudicative hearings relating to the TRS pension plan, unless rules relating to other programs specifically adopt by reference the provisions of this chapter. (b) The procedures of this chapt…

(a) Subject to subsection (b) of this section, the deputy director shall assign a petition for adjudicative hearing a TRS docket number, provide all parties notice of the docket number, and refer the matter for an adjudicative hearing before SOAH or otherwise as authorized by law…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Administrative law judge--An individual appointed to conduct the adjudicative hearing in a contested case. The deputy director may refe…

A motion for consolidation of two or more appeals, applications, petitions, or other proceedings shall be in writing, signed by the movant or the movant's attorney, and filed with SOAH, TRS, or the administrative law judge, as applicable, prior to the date set for hearing. The mo…

(a) Any party adversely affected by a decision of the executive director in a docketed appeal may appeal the decision to the board of trustees, unless by statute or other rule the decision of the executive director is the final decision of TRS. Written notice of appeal and any as…

Unless required for the disposition of ex parte matters authorized by law, the executive director, the administrative law judge, and any member of the board who may render a decision that may become final under this chapter or make findings of fact and conclusions of law in a con…

If, in connection with any hearing, the board of trustees, the executive director, the deputy director, or the administrative law judge, as applicable, determines that there are no statutes or other applicable rules resolving particular procedural questions in the proceedings, th…

The notice that employer has become subscriber shall be filed with the board's Austin office by certified mail or in person within 30 days of the effective date of the policy and the notice must be completed in detail and shall include: (1) name, address, and occupation of insure…

In the block grant option, an individual must: (1) comply with the requirements of § 44.307 of this chapter (relating to Individual Responsibilities in All CMPAS Service Delivery Options); (2) select, hire, and pay the individual's attendants as the employer of record; (3) before…

In the block grant option, a provider must: (1) comply with the requirements of § 44.302 of this chapter (relating to Provider Qualifications and Responsibilities in All CMPAS Service Delivery Options); (2) reimburse the individual for attendant wages and employment taxes paid by…

(a) A provider, before providing services to an individual and on an annual basis, must: (1) inform the individual and representative of how to report allegations of abuse, neglect, or exploitation to DFPS and provide the individual with the DFPS Abuse Hotline toll-free telephone…

A provider must not use restraint or seclusion. Notes 40 Tex. Admin. Code § 44.310 Adopted by Texas Register, Volume 44, Number 37, September 13, 2019, TexReg 5110 , eff. 10/1/2019

A provider may terminate services for the same reasons for suspending services, listed in § 44.308 of this subchapter (relating to Suspension of Services). If a provider intends to terminate services the provider must: (1) send written notice of the termination to the individual;…

(a) A provider must suspend services to an individual if: (1) the individual changes residence to outside the state of Texas; (2) the individual moves to a location where the provider does not provide CMPAS Program services to the individual except as provided for in § 44.403 of …

An applicant, individual, or the LAR or representative of an applicant or individual must: (1) obtain and submit a practitioner's statement to the assessor of need; (2) negotiate with the assessor of need at an assessment or reassessment to determine which allowable tasks in § 44…

Before providing services to an individual, a provider must educate and train the individual in: (1) rights and responsibilities of the individual; (2) skills for recruiting, selecting, instructing, supervising, and dismissing attendants, if desired by the individual; (3) procedu…

The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise: (1) Abuse--Any of the following: (A) physical abuse; (B) sexual abuse; or (C) verbal or emotional abuse. (2) Alleged perpetrator--A person alleged …

In the CDS option, a provider must: (1) comply with the requirements of § 44.302 of this chapter (relating to Provider Qualifications and Responsibilities in All CMPAS Service Delivery Options); (2) function as an FMSA to provide financial management services to an individual; (3…

(a) An individual may request a fair hearing for any action that affects the co-payment of the individual or that denies, reduces, or terminates benefits in accordance with 1 TAC Part 15, Chapter 357, Subchapter A. DADS does not continue services pending a hearing if a suspension…

In the consumer directed services option, an individual is the employer of record for an attendant and substitute attendant but the provider is responsible for payroll for attendants and substitute attendants and filing tax-related reports for attendants and substitute attendants…

(a) General requirements. A provider must develop and maintain records in accordance with: (1) this chapter; and (2) Chapter 49, Subchapter C, of this title (relating to Requirements of a Contractor). (b) Service delivery documentation. A provider must develop and maintain servic…

(a) General billing requirements. A provider must submit to HHSC a claim for services provided to an individual in accordance with § 49.311 of this title (relating to Claims Payment). (b) Billing requirements relating to attendant tasks. A provider must bill HHSC: (1) only for th…

(a) A seller that knowingly sells BVDV Persistently Infected Cattle must disclose the Bovine Viral Diarrhea Virus Persistently Infected status in writing to the buyer prior to or at the time of sale. (b) Cattle that initially test positive to a BVDV antigen detection test may be …

The following words and terms, when used in this chapter, shall have the defined meanings, unless the context clearly indicates otherwise: (1) Bovine Viral Diarrhea (BVD) - Bovine viral diarrhea is a viral disease of cattle that is caused by the bovine viral diarrhea virus (BVDV)…

This chapter establishes contract requirements for providers and participation requirements for individuals in the Texas Department of Aging and Disability Services (DADS) Consumer Managed Personal Attendant Services (CMPAS) Program. Notes 40 Tex. Admin. Code § 44.101 The provisi…

(a) HHSC maintains a CMPAS interest list for each HHSC region. An interest list contains the names of applicants who are interested in receiving services through the CMPAS Program. (b) A person may request that an applicant's name be added to a CMPAS interest list in an HHSC regi…

(a) An IDT must include: (1) the individual; (2) a provider representative; and (3) other persons as requested by the individual. (b) A provider must convene an IDT meeting: (1) within five working days after: (A) an individual accepts the provider's offer for an informal dispute…

(a) An individual's co-payment is a percentage of the monthly cost of services provided to the individual. To calculate an individual's co-payment, a provider must: (1) determine the individual's total net monthly income in accordance with subsections (f) - (i) of this section; (…

(a) This section applies in the CDS option to an allegation of abuse, neglect, or exploitation by a staff person or a controlling person: (1) when the allegation is reported as required by § 44.311 (c) of this chapter (relating to Provider Responsibilities Related to the Abuse, N…

(a) This section applies in the CDS option to alleged abuse, neglect, or exploitation by an attendant or substitute attendant: (1) when an allegation is reported as required by § 44.311 (c) of this chapter (relating to Provider Responsibilities Related to the Abuse, Neglect, and …

(a) In the CDS option, an individual must: (1) comply with the requirements in § 44.307 of this chapter (relating to Individual Responsibilities in All CMPAS Service Delivery Options); (2) perform the employer responsibilities described in Chapter 41 of this title (relating to Co…

Effective September 1, 2013, an individual may not choose the block grant option. An individual receiving CMPAS services through the block grant option on that date may continue to receive services under this option but, if the individual chooses another service delivery option, …

Individuals who choose the traditional service option must comply with the responsibilities listed in § 44.307 of this chapter (relating to Individual Responsibilities in All CMPAS Service Delivery Options) and must: (1) actively assist the provider in recruiting attendants and s…

(a) A provider may develop a service plan that includes, at the request of the individual, services provided while the individual is temporarily staying at a location outside the provider's contracted service delivery area but within the State of Texas. (b) The service plan must …

In the traditional service option, a provider must: (1) comply with the requirements of § 44.302 of this chapter (relating to Provider Qualifications and Responsibilities in All CMPAS Service Delivery Options); (2) maintain and supervise a pool of substitute attendants to provide…

In the traditional service option, the individual retains control over certain personnel decisions, including selecting, supervising, and dismissing the attendant, but the provider is the employer of record for the attendant and substitute attendant. Notes 40 Tex. Admin. Code § 4…

An attendant may perform an allowable task for an individual in the individual's home, at a work site, or in another appropriate location, including a shopping mall, a movie theater, or a community event. Notes 40 Tex. Admin. Code § 44.305 The provisions of this §44.305 adopted t…

(a) Allowable tasks. Except as otherwise provided in subsection (b) of this section, an attendant may perform one or more of the following tasks for an individual enrolled in the CMPAS Program: (1) personal care tasks required to maintain the individual's physical health, includi…

For a person to be an attendant in the CMPAS Program, the person must: (1) be age 18 years of age or older; (2) be able to work part or all of the hours needed by the individual; (3) agree to be interviewed by the individual; (4) have reliable transportation to the individual's h…