Texas Administrative Code

If TRS receives an order that affects benefits payable under TRS and another public retirement system, TRS shall determine if the order is a QDRO only with regard to the benefits payable by TRS. Notes 34 Tex. Admin. Code § 47.9 The provisions of this §47.9 adopted to be effective…

A member or retiree or any alternate payee should submit an order affecting benefits payable under the Optional Retirement Program (ORP) to the applicable carrier and not to TRS, unless the order also affects benefits payable by TRS, in which case a copy of the order should be su…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Approved Laboratory--A diagnostic laboratory approved by the Administrator to conduct official tests for CWD in accordance with 9 C.…

(a) This regulation sets the standards for personnel who perform work in the Certified CWD Authorized Personnel program pursuant to the Texas Agriculture Code, § 161.0417 . Personnel may collect samples for official CWD testing in Texas as follows: (1) Effective September 1, 2015…

(a) Brucellosis vaccine will be refrigerated until administered in accordance with the label directions. Vaccine will not be used beyond the expiration date shown on the bottle. (b) Each calfhood-vaccinated animal must be permanently identified as vaccinates by tattoo and by offi…

This regulation sets the standards for personnel who perform work in the brucellosis control program pursuant to the Texas Agriculture Code, § 161.0417 and § 163.064 . Personnel may perform bovine brucellosis work in Texas as follows: (1) Collecting and submitting blood samples. …

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: (1) Calfhood Vaccination--Vaccination of female cattle between four and twelve months of age with an approved Brucella vaccine at the appro…

(a) Collecting samples. (1) Individual blood collection devices shall be used for each animal. (2) Each animal shall be individually identified by official eartag or backtag or individual registration tattoo or brand. The individual identification must be recorded on the test rec…

Suspension or revocation of brucellosis authorized personnel status may be made upon a determination that violations including, but not limited to, the following have occurred: (1) providing card test kits or antigen to persons or entities not authorized by the commission; (2) kn…

(a) Authorized Personnel: (1) An individual shall be authorized by the commission to perform certain activities, as designated by the commission, for disease control or eradication programs. (2) An individual shall be authorized by the commission in order to receive, complete and…

(a) An alternate payee of a TRS member is eligible to receive the benefits described by Government Code § 804.005 if: (1) the alternate payee has a qualified domestic relations order ("QDRO") approved by TRS; (2) the alternate payee submits a written request to TRS to receive the…

TRS will review orders received on or after September 1, 1989, to determine whether they are qualified domestic relations orders. Any orders received before September 1, 1989, will be reviewed only upon application for a distribution of benefits through withdrawal, retirement, or…

The death of an alternate payee shall terminate the interest of that payee in TRS. Upon proof of death of the alternate payee, the member, retiree, or beneficiary shall be entitled to receive the full amount of payments payable in the future to the member, retiree, or beneficiary…

A member who is reinstating service credit by depositing amounts previously withdrawn or refunded shall deposit the entire amount withdrawn or refunded, regardless of whether a portion or all of the amount was paid to an alternate payee. The reinstatement fee shall be based on th…

If a member terminates membership in TRS by withdrawal of contributions, TRS shall pay all or a portion of the amount withdrawn to any alternate payee as directed by a QDRO. If the former member later resumes membership in TRS, then TRS shall pay to an alternate payee no portion …

The Teacher Retirement System of Texas (TRS) will make payment of retirement or survivor benefits or of refunded contributions only as directed by statute or by a qualified domestic relations order (QDRO). After TRS determines that an order is a QDRO, TRS shall make payments to t…

A person who wishes to have TRS review a domestic relations order to determine whether it is a QDRO for the purpose of receiving TRS benefits or payments shall submit a copy of a signed domestic relations order to TRS. The copy shall be certified by the clerk of the court that en…

The prescribed claim form, or any written communications from an injured employee, claiming either medical care or compensation payments, giving his name, the date and the general nature of injury, and the name of his employer shall constitute a claim (1970). Notes 28 Tex. Admin.…

(a) To be eligible for primary home care or community attendant (CA) services, the applicant/client must: (1) be eligible for Medicaid in a community setting or be eligible under the provisions of the Social Security Act, §1929(b)(2)(B); (2) meet the minimum functional need crite…

(a) To receive community care for aged and disabled (CCAD) services, a person must meet income, resource, age, and need criteria. (b) A person who lives in a nursing facility is not eligible to receive CCAD services. (c) A mandatory participant in the Integrated Care Management (…

To be eligible for community care for aged and disabled services the applicant/client must: (1) be categorically eligible by receiving supplemental security income, aid to families with dependent children, food stamps, Medicaid, specified low-income Medicare beneficiary (SLMB), o…

Income may be fully or partially countable, or may be excluded from the current eligibility budget. Excludable income will continue to be monitored by the caseworker at each financial review to determine how eligibility is affected. Excludable sources of income include: (1) deduc…

Exempt income is not included in the income eligibility calculation. Once identified and documented, caseworkers will not be required to monitor exempt income at subsequent financial redeterminations. Sources of exempt income include: (1) interest income. (2) cash received from t…

(a) A person must be 18 years of age or older, or an emancipated minor, to receive Community Care for the Aged and Disabled (CCAD) services, except: (1) a person of any age may receive CCAD Medicaid-funded day activity and health services; (2) a person of any age who is not eligi…

(a) DADS uses the DADS Needs Assessment Questionnaire and Task/Hour Guide form to determine an applicant's or individual's functional need and unmet need for: (1) community attendant services; (2) family care services; (3) Primary Home Care Program; (4) Home Delivered Meals Progr…

(a) An applicant or client may request an appeal of any decision that denies, reduces, or terminates his benefits. The effective date of the action depends on the situation, as shown in the following table. Attached Graphic (b) A client is entitled to be notified 10 days before a…

(a) The adult foster care client must: (1) provide accurate information about his ability to function in the community and in a foster home setting; (2) pay the amount of room and board specified in the client and provider agreement; (3) report changes or occurrences that would a…

(a) To receive payment, each adult foster care provider must send a completed purchase voucher for adult foster care providers form to DHS for each month the foster care client lives in the home. The daily rate paid to adult foster care providers is $11.75; after September 1, 199…

Adult foster care clients must be allowed to keep funds for personal needs and medical expenses as specified in paragraphs (1)-(3) of this section. (1) Clients with Medicaid coverage must be allowed to keep at least $50 a month for personal needs. (2) Clients without Medicaid cov…

The following words and terms have the following meanings when used in these sections, unless the context clearly indicates otherwise: (1) Abuse--The willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or m…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) AFC--Adult foster care. Services provided in a 24-hour living arrangement in an adult foster care home for persons who, because of physica…

(a) DADS maintains, for each DADS region, a community care interest list for each community care service or program. (b) A person may request in person, by telephone, or in writing that DADS add an applicant's name to a community care interest list. The person making the request …

(a) This section does not apply to the IH/FSP. Enrollment in the IH/FSP is governed by § 48.2702 of this chapter (relating to Eligibility Determination Process). (b) When a community care service or program becomes available in a DADS region, DADS contacts the applicant whose int…

Countable income is determined by totalling gross income from all the following sources, less all applicable exclusions and exemptions. Applicable exclusions/exemptions are specified in § 48.2904 and § 48.2905 of this title (relating to Income from Excludable Sources and Income f…

(a) Information collected to determine eligibility for services, whether collected by DHS staff or provider agencies, is confidential. (b) The applicant is entitled to a face-to-face interview during the department's determination of his eligibility for CCAD services. A person wh…

A residential care client cannot receive supervised living and primary home care at the same time. Notes 40 Tex. Admin. Code § 48.2929 The provisions of this §48.2929 adopted to be effective December 5, 1986, 11 TexReg 4755; amended to be effective August 15, 1988, 13 TexReg 3649…

To be eligible for emergency response services, a client must: (1) meet the functional need criteria as set by the department. The department uses a standardized assessment instrument to measure the client's ability to perform activities of daily living. This yields a score, whic…

In determining eligibility for CCAD services, the department does not consider the following to be resources. They are considered to be excluded for eligibility purposes. Any item not listed as an exclusion is considered a resource: (1) homestead. Any structure used by the client…

To be eligible for home-delivered meals, applicants and clients must meet the functional need criteria as set by the department. The department uses a standardized assessment instrument to measure the client's ability to perform activities of daily living. This yields a score, wh…

To be eligible for day activity and health services (DAHS), an applicant or client must: (1) be Medicaid eligible or meet the income and resource guidelines established in §§ 48.2902 , 48.2903 , 48.2922 , and 48.2923 of this chapter (relating to Income and Income Eligibles; Deter…

To be eligible for special services to persons with disabilities, clients must meet the functional need criteria as set by the department. The department uses a standardized assessment instrument to measure the client's ability to perform activities of daily living. This yields a…

To be eligible for adult foster care, applicants and clients must have the approval of the Community Care for Aged and Disabled unit supervisor and meet the functional need criteria as set by the department. The department uses a standardized assessment instrument to measure the …

In determining eligibility for CCAD services, the department considers the following to be resources. (1) Liquid resources including cash on hand, certificates of deposit, checking or savings accounts, money market funds, revocable trust funds, savings certificates, stocks, or bo…

(a) To be eligible for family care, the applicant/client must: (1) meet the income and resource guidelines established by the department in §§ 48.2902 , 48.2903 , 48.2922 , and 48.2923 of this title (relating to Income and Income Eligibles; Determination of Countable Income; Reso…

Some services and programs described in this chapter are not available in all geographic areas of Texas. Notes 40 Tex. Admin. Code § 48.2910 The provisions of this §48.2910 adopted to be effective February 2, 1989,13 TexReg 5751; Amended by Texas Register, Volume 41, Number 21, M…

(a) Type of payment. The following statutes provide that certain types of payments made to members of Indian tribes are exempt from income and resources as specified in paragraphs (1)-(4) of this subsection, or only from income as specified in paragraph (5) of this subsection. (1…

(a) To continue receiving services, the client must meet the CCAD eligibility requirements at the time of recertification of financial eligibility and reassessment of needs. (b) An applicant whose services were terminated in the past due to his or someone in his home being a thre…