Texas Administrative Code

(a) Definitions. Unless otherwise indicated, in this section the following terms shall have the meanings assigned.(1) Allowed apparent loss--A unique number for allowable apparent loss calculated for each utility. (2) Annual real loss--A unique number calculated for each utility …

(a) The family's cost share amount is the lesser of the: (1) HHSC fee schedule amount; or (2) applicable deductible, copayment, and coinsurance amounts when the family has insurance that covers the ABA services. (b) If the parent disagrees with the contractor's determination of t…

(a) The contractor is required to use the HHSC Fee Schedule and instructions to calculate the monthly fee owed by the family for the services of each eligible child. (b) Factors that affect the amount of monthly fee include the: (1) monthly costs of services provided by the contr…

If the family has insurance that covers the ABA services and the in-network provider agreement between the insurance company and the HHSC Autism contractor requires that the contractor accept the deductible, copayment, or coinsurance and insurance reimbursement as payment in full…

HHSC funds must not be used to pay for any portion of the required cost share. To the extent that the family or child is entitled to insurance-payment for services or receives payment for services from other governmental programs, third-party payers, or other private sources, HHS…

These rules are promulgated under the authority of the Occupational Therapy Practice Act, Texas Civil Statutes, Article 8851. These rules do not restate all the provisions of the Occupational Therapy Practice Act. The board makes decisions in the discharge of its statutory author…

An application will be in the form and in numbers prescribed by the executive administrator. (1) The executive administrator may request any additional information needed to evaluate the application and may return any incomplete applications. (2) The following information is requ…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agricultural water conservation--Those practices, techniques or technologies used in agriculture, as defined in Texas Agriculture Co…

The executive administrator will prioritize applications based on the following point system: (1) Projects will be evaluated on the criteria provided in paragraphs (2) - (5) of this section. The points awarded for paragraphs (2) - (5) of this section shall be the lesser of the su…

(a) The board may use the funds for financial assistance to political subdivisions as follows: (1) to make loans at or below market interest rates, but not lower than 50 percent of the board's market rate; (2) to make loans with terms not to exceed the lesser of: (A) the expected…

(a) The board may provide grants from the Water Loan Assistance Fund for projects that include supplying water or wastewater service to areas in which: (1) water supply services: (A) from a community water system do not provide drinking water of a quality that meets the standards…

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Words defined in the Texas Water Code, Chapter 15, 16 or 17, and not defined here shall have the meanings provided by the appropriate Texas…

To be eligible for a Master Plumber License an applicant must have held a Journeyman Plumber License issued in Texas or another state: (1) for at least four years; or (2) for at least one year if the applicant has successfully completed a training program approved by the United S…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Drainage--includes, but is not limited to, the construction or rehabilitation of bridges, catch basins, channels, conduits, creeks, …

(a) All applicants for initial Texas licensure shall: (1) submit a complete application form and non-refundable application fee as set by the Executive Council; (2) submit in paper or electronic form a current color photograph that meets the requirements for a U.S. passport. A ph…

(a) An applicant applying for license by examinationmust: (1) meet all provisions of § 364.1 of this title (relating to Requirements for a License); and (2) pass the NBCOT certification examination for occupational therapists or occupational therapy assistants with a score set by…

(a) The Board may only issue a temporary license to an applicant who is taking the NBCOT certification examination for the first time. (b) Temporary Licensure is not available to applicants who have received a license in any state or territory of the U.S. as an occupational thera…

(a) The Board may issue a license by endorsement to applicants who have passed the NBCOT certification examination and are either currently licensed in another state or territory of the U.S. that has licensing requirements substantially equivalent to this state or, if not current…

(a) Notwithstanding any other law, a military service member or military spouse may engage in the practice of occupational therapy without obtaining the applicable occupational therapy license if the service member or spouse is currently licensed in good standing by another juris…

(a) Military service members, military veterans and military spouses who held a license issued by the Texas State Board of Plumbing Examiners in the five years preceding their application date will be issued the same license type as that which was previously held. (b) Military se…

(a) Licenses must be displayed in accordance with the Act, § 454.214. (b) The original license must be prominently displayed in the licensee's principal place of business as designated by the licensee. Reproduction of the original license is only authorized for institutional file…

(a) Licensee Renewal. Licensees are required to renew their licenses every two years by the end of their birth month. A licensee may not provide occupational therapy services without a current license. Licenses and license expiration dates should be verified on the Board's licens…

(a) A renewal application is late if all the required renewal materials do not bear a postmark or electronic time-stamp showing a date prior to the expiration of the license. (b) If the license has been expired for less than one year, the person may renew the license by completin…

(a) Restoration of a license expired one year or more to a person with a current license or occupational therapy employment: (1) The Board may restore a license to a person whose Texas license has been expired one year or more if the person: (A) is currently licensed in another s…

(a) Inactive status indicates the voluntary termination of the right to practice occupational therapy by a licensee in good standing with the Board. The Board may allow an individual who is not actively engaged in the practice of occupational therapy to put an active license on i…

(a) In SNAP, the Texas Health and Human Services Commission (HHSC) follows 7 CFR § 273.8(a) and (b) to determine the countable resources limit. Unless a household is considered categorically eligible for SNAP under 7 CFR § 273.2(j) by receiving Supplemental Security Income, TANF …

The purpose of this chapter is to implement section 531.077, Government Code, consistent with applicable federal law at 42 U.S.C. 1396p(b)(1), which requires the Health and Human Services Commission, as the State Medicaid Agency, to operate a Medicaid Estate Recovery Program (MER…

(a) A Medicaid Estate Recovery claim may be filed against the estate of a deceased Medicaid recipient for covered Medicaid services if the recipient: (1) Was age 55 years or older at the time the services were received; and (2) Initially applied for covered Medicaid long-term car…

For the purposes of this chapter, the following words and terms have the following meanings, unless the context clearly indicates otherwise: (1) Applied for Covered Medicaid Long-Term Care Services--An individual or his or her representative files an application, a nursing facili…

The acceptance of Medicaid medical assistance, as defined by Title XIX of the Social Security Act, including mandatory and optional payments under the Social Security Act, provides a basis for: A Class 7 probate claim, as defined in § 322 of the Texas Probate Code, Classification…

(a) The Medicaid Estate Recovery Program (MERP) may file or present a: Class 7 probate claim under §298, Claims Against Estates of Decedents, Texas Probate Code, against the estate of deceased Medicaid recipients in accordance with the priorities contained in §322, Classification…

(a) Contents of MERP Recovery Claim. The MERP claim will be presented to the estate personal representative (executor, administrator, or guardian) or filed by depositing it in the appropriate Probate Court and will include the amount of the claim, the date or dates of the covered…

(a) Medicaid Estate Recovery claims will be sought only after the death of the Medicaid recipient, and if there is no: (1) Surviving spouse; (2) Surviving child or children under 21 years of age; (3) Surviving child of any age who is blind or disabled as defined by 42 U.S.C. 1382…

(a) The Medicaid Estate Recovery Program (MERP) will not recover from estates if recovery would cause undue hardship. An undue hardship waiver request form will be provided with the MERP Notice of Intent to File a Claim, and undue hardship waiver requests must be made within 60 d…

(a) A Medicaid Estate Recovery Program (MERP) undue hardship waiver applicant may request a review of the denial of an undue hardship waiver request within 60 days of receiving notice of the denial from MERP. The review is an informal process and is not a hearing. (b) MERP will r…

(a) An amount equal to necessary and reasonable maintenance expenses and taxes may be deducted from the Medicaid Estate Recovery Program (MERP) claim for maintaining the home of the deceased Medicaid recipient, provided that sufficient supporting documentation of these expenditur…

No Medicaid estate recovery claim will be filed if it is not cost effective. A claim will not be cost-effective if: (1) the value of the recoverable estate is $10,000 or less, (2) the recoverable amount of Medicaid costs is $3,000 or less, or (3) the cost involved in the sale of …

(a) The amount of the Medicaid Estate Recovery Program (MERP) claim will be calculated as the amount paid under § 373.103(c) of this title for the benefit of a Medicaid recipient for covered medical assistance services received after the Medicaid recipient reached 55 years of age…

(a) All payments on estate recovery claims must be made payable to the "Texas Medicaid Account for Long-Term Care," and must be sent to MERP, P.O. Box 13247, Austin, Texas 78711. (b) HHSC MERP may compromise, settle, or waive any claim that does not qualify for an undue hardship …

(a) Written notice of the MERP provisions will be provided to: (1) Individuals for Medicaid-covered nursing facility services: (A) With an application packet or notice of eligibility for Medicaid nursing facility services; (B) Within 14 days of the Department of Aging and Disabil…

Written notice about the Medicaid Estate Recovery Program (MERP) will be provided to the following, if known by MERP, upon request for an application for Medicaid benefits, release from a waiver interest list, or notice of admission to a nursing facility or an Intermediate Care F…

The written notice provided about the Medicaid Estate Recovery Program (MERP) to those listed in § 373.303 of this chapter (relating to Additional Application Notice Provision to Recipients and Others) will contain the following information: (1) Description of the Medicaid Estate…

(a) The Medicaid Estate Recovery Program (MERP) will, within 30 days of the notification of the death of a Medicaid recipient, provide a Notice of Intent to File a Claim, to the following: (1) Estate representative; (2) Recipient's guardian of the person, if any; guardian of the …

(a) The board, in accordance with the Administrative Procedure Act, may deny, revoke, suspend, or refuse to renew or issue a license, or may reprimand or impose probationary conditions, if the licensee or applicant for licensure has been found in violation of the rules or the Act…

(a) Fees are prescribed by the Executive Council and may be subject to change by legislative mandate, refer to 22 TAC § 651.1 and § 651.3 of the Executive Council Rules. The fees are required to be paid before a license or a renewal is issued. The application fee will be submitte…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

As used in this chapter, the following words and terms shall have the following meanings unless the context clearly indicates otherwise. (1) Assessment Rating--a score derived from evidence-based criminogenic factors in a youth's history used to assess the danger a youth poses to…

(a) Purpose. The purpose of this rule is to establish criteria and the approval process for release of youth upon program completion. (b) Applicability. (1) This rule does not apply to sentenced offenders. (2) This rule does not apply to decisions by the Release Review Panel. See…