Section 700.108 - Waiver Provision for Implementation of Community-Based Care(a) As used in this section, the term "Community-Based Care" has the meaning set forth in § 264.152, Texas Family Code, and related law in Subchapter B-1 of Chapter 264, Texas Family Code. The term may include the provision of placement and supportive services, as well as direct case management performed by the Single Source Continuum Contractor performing services in a catchment area.(b) Notwithstanding any other provision in this chapter, to the extent necessary for the implementation of Community-Based Care, Department of Family and Protective Services (DFPS) may waive a provision in any section in this chapter as provided under subsection (c) of this section.(c) The waiver of any rule provision contained in this chapter must be approved by the Commissioner of the Department of Family and Protective Services, or that person's designee, after consultation with agency legal counsel to ensure that the waiver does not conflict with other state or federal law.(d) Nothing in this section shall be construed to authorize DFPS to waive a provision of any section in this chapter if such waiver violates other state or federal law.40 Tex. Admin. Code § 700.108
The provisions of this §700.108 adopted to be effective May 6, 2012, 37 TexReg 3184; Amended by Texas Register, Volume 42, Number 34, August 25, 2017, TexReg 4308, eff. 9/1/2017