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AN ACT
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relating to the nonsubstantive revision of the health and human |
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services laws governing the Health and Human Services Commission, |
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Medicaid, and other social services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. NONSUBSTANTIVE REVISION OF |
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SUBTITLE I, TITLE 4, GOVERNMENT CODE |
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SECTION 1.01. Subtitle I, Title 4, Government Code, is |
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amended by adding Chapters 521, 522, 523, 524, 525, 526, 532, 540, |
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540A, 542, 543, 543A, 544, 545, 546, 547, 547A, 548, 549, and 550 to read as follows: |
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CHAPTER 521. GENERAL PROVISIONS |
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Sec. 521.0001. DEFINITIONS |
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Sec. 521.0002. REFERENCES IN LAW MEANING COMMISSION OR |
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COMMISSION DIVISION |
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Sec. 521.0003. REFERENCES IN LAW MEANING EXECUTIVE |
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COMMISSIONER, EXECUTIVE |
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COMMISSIONER'S DESIGNEE, OR DIVISION |
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DIRECTOR |
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Sec. 521.0004. REFERENCES IN LAW TO PROVISIONS DERIVED |
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FROM FORMER CHAPTER 531 |
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CHAPTER 521. GENERAL PROVISIONS |
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Sec. 521.0001. DEFINITIONS. In this subtitle: |
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(1) "Child health plan program" means the programs |
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established under Chapters 62 and 63, Health and Safety Code. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(3) "Executive commissioner" means the executive |
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commissioner of the commission. |
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(4) "Executive council" means the council established |
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under Subchapter C, Chapter 523. |
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(5) "Health and human services agencies" includes the |
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Department of State Health Services. |
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(6) "Health and human services system" means the |
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system for providing or otherwise administering health and human |
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services in this state by the commission, including through: |
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(A) an office or division of the commission; or |
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(B) another entity under the administrative and |
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operational control of the executive commissioner. |
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(7) "Home telemonitoring service" means a health |
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service that requires scheduled remote monitoring of data related |
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to a patient's health and transmission of the data to a licensed |
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home and community support services agency or hospital, as those |
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terms are defined by Section 548.0251. |
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(8) "Medicaid" means the medical assistance program |
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established under Chapter 32, Human Resources Code. |
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(9) "Medicaid managed care organization" means a |
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managed care organization as defined by Section 540.0001 that |
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contracts with the commission under Chapter 540 or 540A to provide |
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health care services to Medicaid recipients. |
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(10) "Platform" means the technology, system, |
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software, application, modality, or other method through which a |
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health professional remotely interfaces with a patient when |
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providing a health care service or procedure as a telemedicine |
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medical service, teledentistry dental service, or telehealth |
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service. |
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(11) "Section 1915(c) waiver program" means a |
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federally funded state Medicaid program authorized under Section |
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1915(c) of the Social Security Act (42 U.S.C. Section 1396n(c)). |
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(12) "Teledentistry dental service," "telehealth |
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service," and "telemedicine medical service" have the meanings |
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assigned by Section 111.001, Occupations Code. (Gov. Code, Secs. |
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531.001(1-a), (2), (3), (3-a), (4), (4-a), (4-b), (4-c), (4-d), |
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(6), (6-a), (7), (8); New.) |
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Sec. 521.0002. REFERENCES IN LAW MEANING COMMISSION OR |
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COMMISSION DIVISION. (a) This section applies notwithstanding |
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Section 521.0001(5). |
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(b) A reference in any law to any of the following state |
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agencies or entities in relation to a function transferred to the |
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commission under Section 531.0201, 531.02011, or 531.02012, as |
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those sections existed immediately before their expiration on |
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September 1, 2023, means the commission or the division of the |
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commission performing the function previously performed by the |
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state agency or entity before the transfer, as appropriate: |
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(1) health and human services agency; |
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(2) the Department of State Health Services; |
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(3) the Department of Aging and Disability Services; |
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(4) subject to Chapter 316 (H.B. 5), Acts of the 85th |
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Legislature, Regular Session, 2017, the Department of Family and |
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Protective Services; or |
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(5) the Department of Assistive and Rehabilitative |
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Services. |
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(c) Notwithstanding any other law, a reference in any law to |
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any of the following state agencies or entities in relation to a |
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function transferred to the commission under Section 531.0201, |
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531.02011, or 531.02012, as those sections existed immediately |
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before their expiration on September 1, 2023, from the state agency |
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that assumed the relevant function in accordance with Chapter 198 |
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(H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, |
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means the commission or the division of the commission performing |
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the function previously performed by the agency that assumed the |
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function before the transfer, as appropriate: |
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(1) the Texas Department on Aging; |
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(2) the Texas Commission on Alcohol and Drug Abuse; |
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(3) the Texas Commission for the Blind; |
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(4) the Texas Commission for the Deaf and Hard of |
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Hearing; |
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(5) the Texas Department of Health; |
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(6) the Texas Department of Human Services; |
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(7) the Texas Department of Mental Health and Mental |
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Retardation; |
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(8) the Texas Rehabilitation Commission; |
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(9) the Texas Health Care Information Council; or |
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(10) the Interagency Council on Early Childhood |
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Intervention. |
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(d) Notwithstanding any other law and subject to Chapter 316 |
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(H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, a |
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reference in any law to the Department of Protective and Regulatory |
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Services in relation to a function transferred under Section |
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531.0201, 531.02011, or 531.02012, as those sections existed |
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immediately before their expiration on September 1, 2023, from the |
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Department of Family and Protective Services means the commission |
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or the division of the commission performing the function |
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previously performed by the Department of Family and Protective |
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Services before the transfer. (Gov. Code, Sec. 531.0011.) |
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Sec. 521.0003. REFERENCES IN LAW MEANING EXECUTIVE |
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COMMISSIONER, EXECUTIVE COMMISSIONER'S DESIGNEE, OR DIVISION |
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DIRECTOR. (a) A reference in any law to any of the following |
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persons in relation to a function transferred to the commission |
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under Section 531.0201, 531.02011, or 531.02012, as those sections |
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existed immediately before their expiration on September 1, 2023, |
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means the executive commissioner, the executive commissioner's |
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designee, or the director of the commission division performing the |
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function previously performed by the state agency from which the |
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function was transferred and that the person represented, as |
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appropriate: |
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(1) the commissioner of aging and disability services; |
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(2) the commissioner of assistive and rehabilitative |
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services; |
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(3) the commissioner of state health services; or |
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(4) subject to Chapter 316 (H.B. 5), Acts of the 85th |
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Legislature, Regular Session, 2017, the commissioner of the |
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Department of Family and Protective Services. |
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(b) Notwithstanding any other law and subject to Chapter 316 |
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(H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, a |
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reference in any law to any of the following persons or entities in |
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relation to a function transferred to the commission under Section |
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531.0201, 531.02011, or 531.02012, as those sections existed |
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immediately before their expiration on September 1, 2023, from the |
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state agency that assumed or continued to perform the function in |
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accordance with Chapter 198 (H.B. 2292), Acts of the 78th |
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Legislature, Regular Session, 2003, means the executive |
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commissioner or the director of the commission division performing |
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the function performed before the enactment of Chapter 198 (H.B. |
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2292) by the state agency that was abolished or renamed by Chapter |
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198 (H.B. 2292) and that the person or entity represented: |
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(1) an executive director or other chief |
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administrative officer of a state agency listed in Section |
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521.0002(c) or of the Department of Protective and Regulatory |
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Services; or |
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(2) the governing body of a state agency listed in |
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Section 521.0002(c) or of the Department of Protective and |
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Regulatory Services. |
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(c) A reference to any of the following councils means the |
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executive commissioner or the executive commissioner's designee, |
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as appropriate, and a function of any of the following councils is a |
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function of that appropriate person: |
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(1) the Health and Human Services Council; |
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(2) the Aging and Disability Services Council; |
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(3) the Assistive and Rehabilitative Services |
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Council; |
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(4) subject to Chapter 316 (H.B. 5), Acts of the 85th |
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Legislature, Regular Session, 2017, the Family and Protective |
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Services Council; or |
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(5) the State Health Services Council. (Gov. Code, |
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Sec. 531.0012.) |
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Sec. 521.0004. REFERENCES IN LAW TO PROVISIONS DERIVED FROM |
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FORMER CHAPTER 531. A reference in any law to "revised provisions |
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derived from Chapter 531, as that chapter existed on March 31, |
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2025," is a reference to the following: |
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(1) Sections 532.0051, 532.0052, 532.0053, 532.0054, |
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532.0055, 532.0057, 532.0058, 532.0059, 532.0060, 532.0061, and |
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540.0051; |
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(2) Subchapters B, C, D, E, F, G, H, I, and J, Chapter |
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532, Subchapters A, B, C, D, E, F, G, H, and I, Chapter 548, and |
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Subchapters D, D-1, and E, Chapter 550; and |
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(3) this chapter and Chapters 522, 523, 524, 525, 526, |
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544, 545, 546, 547, and 549. (New.) |
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CHAPTER 522. PROVISIONS APPLICABLE TO ALL HEALTH AND HUMAN |
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SERVICES AGENCIES AND CERTAIN OTHER STATE ENTITIES |
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SUBCHAPTER A. FISCAL PROVISIONS |
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Sec. 522.0001. LEGISLATIVE APPROPRIATIONS REQUEST BY |
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HEALTH AND HUMAN SERVICES AGENCY |
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Sec. 522.0002. ACCEPTANCE OF CERTAIN GIFTS AND GRANTS |
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BY HEALTH AND HUMAN SERVICES AGENCY |
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SUBCHAPTER B. CONTRACTS |
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Sec. 522.0051. NEGOTIATION AND REVIEW OF CERTAIN |
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CONTRACTS FOR HEALTH CARE PURPOSES |
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Sec. 522.0052. PERFORMANCE STANDARDS FOR CONTRACTED |
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SERVICES PROVIDED TO INDIVIDUALS WITH |
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LIMITED ENGLISH PROFICIENCY |
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SUBCHAPTER C. DATA SHARING |
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Sec. 522.0101. SHARING OF DATA RELATED TO CERTAIN |
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GENERAL REVENUE FUNDED PROGRAMS |
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SUBCHAPTER D. COORDINATION OF MULTIAGENCY SERVICES |
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Sec. 522.0151. DEFINITION |
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Sec. 522.0152. APPLICABILITY OF SUBCHAPTER TO CERTAIN |
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STATE ENTITIES |
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Sec. 522.0153. MEMORANDUM OF UNDERSTANDING REQUIRED |
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Sec. 522.0154. DEVELOPMENT AND IMPLEMENTATION OF |
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MEMORANDUM OF UNDERSTANDING |
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Sec. 522.0155. CONTENTS OF MEMORANDUM OF UNDERSTANDING |
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Sec. 522.0156. ADOPTION OF MEMORANDUM OF |
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UNDERSTANDING; REVISIONS |
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Sec. 522.0157. STATE-LEVEL INTERAGENCY STAFFING GROUP |
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DUTIES; BIENNIAL REPORT |
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SUBCHAPTER E. PUBLIC ACCESS TO MEETINGS |
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Sec. 522.0201. DEFINITION |
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Sec. 522.0202. ADDITIONAL APPLICABILITY TO CERTAIN |
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ADVISORY BODIES |
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Sec. 522.0203. INTERNET BROADCAST AND ARCHIVE OF OPEN |
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MEETING |
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Sec. 522.0204. INTERNET NOTICE OF OPEN MEETING |
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Sec. 522.0205. EXEMPTION UNDER CERTAIN CIRCUMSTANCES |
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Sec. 522.0206. CONTRACTING AUTHORIZED |
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SUBCHAPTER F. FACILITIES |
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Sec. 522.0251. LEASE OR SUBLEASE OF CERTAIN OFFICE |
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SPACE |
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Sec. 522.0252. ASSUMPTION OF LEASE FOR IMPLEMENTATION |
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OF INTEGRATED ENROLLMENT SERVICES |
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INITIATIVE |
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Sec. 522.0253. PREREQUISITES FOR ESTABLISHING NEW |
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HEALTH AND HUMAN SERVICES FACILITY IN |
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CERTAIN COUNTIES |
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CHAPTER 522. PROVISIONS APPLICABLE TO ALL HEALTH AND HUMAN |
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SERVICES AGENCIES AND CERTAIN OTHER STATE ENTITIES |
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SUBCHAPTER A. FISCAL PROVISIONS |
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Sec. 522.0001. LEGISLATIVE APPROPRIATIONS REQUEST BY |
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HEALTH AND HUMAN SERVICES AGENCY. (a) Each health and human |
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services agency shall submit to the commission a biennial agency |
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legislative appropriations request on a date determined by |
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commission rule. |
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(b) A health and human services agency may not submit the |
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agency's legislative appropriations request to the legislature or |
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the governor until the commission reviews and comments on the |
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request. (Gov. Code, Sec. 531.027.) |
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Sec. 522.0002. ACCEPTANCE OF CERTAIN GIFTS AND GRANTS BY |
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HEALTH AND HUMAN SERVICES AGENCY. (a) Subject to the executive |
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commissioner's written approval, a health and human services agency |
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may accept a gift or grant of money, drugs, equipment, or any other |
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item of value from a pharmaceutical manufacturer, distributor, |
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provider, or other entity engaged in a pharmaceutical-related |
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business. |
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(b) Chapter 575 does not apply to a gift or grant under this |
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section. |
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(c) The executive commissioner may adopt rules and |
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procedures to implement this section. The rules must ensure that |
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acceptance of a gift or grant under this section: |
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(1) is consistent with federal laws and regulations; |
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and |
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(2) does not adversely affect federal financial |
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participation in any state program, including Medicaid. |
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(d) This section does not affect the commission's or a |
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health and human services agency's authority under other law to |
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accept a gift or grant from a person other than a pharmaceutical |
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manufacturer, distributor, provider, or other entity engaged in a |
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pharmaceutical-related business. (Gov. Code, Sec. 531.0381.) |
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SUBCHAPTER B. CONTRACTS |
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Sec. 522.0051. NEGOTIATION AND REVIEW OF CERTAIN CONTRACTS |
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FOR HEALTH CARE PURPOSES. (a) This section applies to a contract |
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with a contract amount of $250 million or more: |
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(1) under which a person will provide goods or |
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services in connection with the provision of medical or health care |
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services, coverage, or benefits; and |
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(2) that will be entered into by the person and: |
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(A) the commission; |
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(B) a health and human services agency; or |
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(C) any other state agency under the commission's |
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jurisdiction. |
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(b) An agency described by Subsection (a)(2) must notify the |
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office of the attorney general at the time the agency initiates the |
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planning phase of the contracting process for a contract described |
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by Subsection (a). A representative of the office of the attorney |
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general or another attorney advising the agency as provided by |
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Subsection (d) may: |
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(1) participate in negotiations or discussions with |
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proposed contractors; and |
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(2) be physically present during those negotiations or |
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discussions. |
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(c) Notwithstanding any other law, before an agency |
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described by Subsection (a)(2) may enter into a contract described |
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by Subsection (a), a representative of the office of the attorney |
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general shall review the form and terms of the contract and may make |
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recommendations to the agency for changes to the contract if the |
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attorney general determines that the office of the attorney general |
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has sufficient subject matter expertise and resources available to |
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provide this service. |
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(d) If the attorney general determines that the office of |
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the attorney general does not have sufficient subject matter |
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expertise or resources available to provide the services described |
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by this section, the office of the attorney general may require the |
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agency described by Subsection (a)(2) to enter into an interagency |
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agreement or obtain outside legal services under Section 402.0212 |
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for the provision of services described by this section. |
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(e) The agency described by Subsection (a)(2) shall provide |
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to the office of the attorney general any information the office of |
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the attorney general determines is necessary to administer this |
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section. (Gov. Code, Sec. 531.018.) |
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Sec. 522.0052. PERFORMANCE STANDARDS FOR CONTRACTED |
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SERVICES PROVIDED TO INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY. |
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(a) This section does not apply to 2-1-1 services provided by the |
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Texas Information and Referral Network. |
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(b) Each contract with the commission or a health and human |
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services agency that requires the provision of call center services |
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or written communications related to call center services must |
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include performance standards that measure the effectiveness, |
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promptness, and accuracy of the contractor's oral and written |
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communications with individuals with limited English proficiency. |
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(c) A person who seeks to enter into a contract described by |
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Subsection (b) must include in the bid or other applicable |
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expression of interest for the contract a proposal for providing |
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call center services or written communications related to call |
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center services to individuals with limited English proficiency. |
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The proposal must include a language access plan that describes how |
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the contractor will: |
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(1) achieve any performance standards described in the |
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request for bids or other applicable expressions of interest; |
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(2) identify individuals who need language |
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assistance; |
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(3) provide language assistance measures, including |
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the translation of forms into languages other than English and the |
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provision of translators and interpreters; |
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(4) inform individuals with limited English |
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proficiency of the language services available to them and how to |
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obtain those services; |
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(5) develop and implement qualifications for |
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bilingual staff; and |
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(6) monitor compliance with the plan. |
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(d) In determining which bid or other applicable expression |
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of interest offers the best value, the commission or a health and |
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human services agency, as applicable, shall evaluate the extent to |
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which the proposal for providing call center services or written |
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communications related to call center services in languages other |
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than English will provide meaningful access to the services for |
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individuals with limited English proficiency. |
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(e) In determining the extent to which a proposal will |
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provide meaningful access under Subsection (d), the commission or |
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health and human services agency, as applicable, shall consider: |
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(1) the language access plan described by Subsection |
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(c); |
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(2) the number or proportion of individuals with |
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limited English proficiency in the commission's or agency's |
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eligible service population; |
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(3) the frequency with which individuals with limited |
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English proficiency seek information regarding the commission's or |
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agency's programs; |
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(4) the importance of the services provided by the |
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commission's or agency's programs; and |
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(5) the resources available to the commission or |
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agency. |
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(f) The commission or health and human services agency, as |
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applicable, shall avoid selecting a contractor that the commission |
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or agency reasonably believes will: |
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(1) provide information in languages other than |
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English that is limited in scope; |
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(2) unreasonably delay the provision of information in |
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languages other than English; or |
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(3) provide program information, including forms, |
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notices, and correspondence, in English only. (Gov. Code, Sec. |
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531.0191.) |
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SUBCHAPTER C. DATA SHARING |
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Sec. 522.0101. SHARING OF DATA RELATED TO CERTAIN GENERAL |
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REVENUE FUNDED PROGRAMS. To the extent permitted under federal law |
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and notwithstanding any provision of Chapter 191 or 192, Health and |
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Safety Code, the commission and other health and human services |
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agencies shall share data to facilitate patient care coordination, |
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quality improvement, and cost savings in Medicaid, the child health |
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plan program, and other health and human services programs funded |
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using money appropriated from the general revenue fund. (Gov. Code, |
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Sec. 531.024(a-1).) |
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SUBCHAPTER D. COORDINATION OF MULTIAGENCY SERVICES |
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Sec. 522.0151. DEFINITION. In this subchapter, "least |
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restrictive setting" means a service setting for an individual |
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that, in comparison to other available service settings: |
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(1) is most able to meet the individual's identified |
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needs; |
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(2) prioritizes a home and community-based care |
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setting; and |
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(3) engages the strengths of the family. (Gov. Code, |
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Sec. 531.055(f).) |
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Sec. 522.0152. APPLICABILITY OF SUBCHAPTER TO CERTAIN STATE |
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ENTITIES. This subchapter applies to the following state entities: |
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(1) the commission; |
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(2) the Department of Family and Protective Services; |
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(3) the Department of State Health Services; |
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(4) the Texas Education Agency; |
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(5) the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments; |
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(6) the Texas Department of Criminal Justice; |
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(7) the Texas Department of Housing and Community |
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Affairs; |
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(8) the Texas Workforce Commission; and |
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(9) the Texas Juvenile Justice Department. (Gov. Code, |
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Sec. 531.055(a) (part).) |
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Sec. 522.0153. MEMORANDUM OF UNDERSTANDING REQUIRED. The |
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state entities to which this subchapter applies shall enter into a |
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joint memorandum of understanding to promote a system of |
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local-level interagency staffing groups for the identification and |
|
coordination of services for individuals needing multiagency |
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services that: |
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(1) are to be provided in the least restrictive |
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setting appropriate; and |
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(2) use residential, institutional, or congregate |
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care settings only as a last resort. (Gov. Code, Sec. 531.055(a) |
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(part).) |
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Sec. 522.0154. DEVELOPMENT AND IMPLEMENTATION OF |
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MEMORANDUM OF UNDERSTANDING. (a) The division within the |
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commission that coordinates the policy for and delivery of mental |
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health services shall oversee the development and implementation of |
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the memorandum of understanding required by this subchapter. |
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(b) The state entities that participate in developing the |
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memorandum of understanding shall consult with and solicit input |
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from advocacy and consumer groups. (Gov. Code, Secs. 531.055(a) |
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(part), (c).) |
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Sec. 522.0155. CONTENTS OF MEMORANDUM OF UNDERSTANDING. |
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The memorandum of understanding required by this subchapter must: |
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(1) clarify the statutory responsibilities of each |
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state entity to which this subchapter applies in relation to |
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individuals needing multiagency services, including subcategories |
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for different services such as: |
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(A) family preservation and strengthening; |
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(B) physical and behavioral health care; |
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(C) prevention and early intervention services, |
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including services designed to prevent: |
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(i) child abuse; |
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(ii) neglect; or |
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(iii) delinquency, truancy, or school |
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dropout; |
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(D) diversion from juvenile or criminal justice |
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involvement; |
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(E) housing; |
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(F) aging in place; |
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(G) emergency shelter; |
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(H) residential care; |
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(I) after-care; |
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(J) information and referral; and |
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(K) investigation services; |
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(2) include a functional definition of "individuals |
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needing multiagency services"; |
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(3) outline membership, officers, and necessary |
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standing committees of local-level interagency staffing groups; |
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(4) define procedures aimed at eliminating |
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duplication of services relating to assessment and diagnosis, |
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treatment, residential placement and care, and case management of |
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individuals needing multiagency services; |
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(5) define procedures for addressing disputes between |
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the state entities that relate to the entities' areas of service |
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responsibilities; |
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(6) provide that each local-level interagency |
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staffing group includes: |
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(A) a local representative of each state entity; |
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(B) representatives of local private sector |
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agencies; and |
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(C) family members or caregivers of individuals |
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needing multiagency services or other current or previous consumers |
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of multiagency services acting as general consumer advocates; |
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(7) provide that the local representative of each |
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state entity has authority to contribute entity resources to |
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solving problems identified by the local-level interagency |
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staffing group; |
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(8) provide that if an individual's needs exceed the |
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resources of a state entity, the entity may, with the consent of the |
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individual's legal guardian, if applicable, submit a referral on |
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behalf of the individual to the local-level interagency staffing |
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group for consideration; |
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(9) provide that a local-level interagency staffing |
|
group may be called together by a representative of any member state |
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entity; |
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(10) provide that a state entity representative may be |
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excused from attending a meeting if the staffing group determines |
|
that the age or needs of the individual to be considered are clearly |
|
not within the entity's service responsibilities, provided that |
|
each entity representative is encouraged to attend all meetings to |
|
contribute to the collective ability of the staffing group to solve |
|
an individual's need for multiagency services; |
|
(11) define the relationship between state-level |
|
interagency staffing groups and local-level interagency staffing |
|
groups in a manner that defines, supports, and maintains local |
|
autonomy; |
|
(12) provide that records used or developed by a |
|
local-level interagency staffing group or the group's members that |
|
relate to a particular individual are confidential and may not be |
|
released to any other person or agency except as provided by this |
|
subchapter or other law; and |
|
(13) provide a procedure that permits the state |
|
entities to share confidential information while preserving the |
|
confidential nature of the information. (Gov. Code, Sec. |
|
531.055(b).) |
|
Sec. 522.0156. ADOPTION OF MEMORANDUM OF UNDERSTANDING; |
|
REVISIONS. Each state entity to which this subchapter applies |
|
shall adopt the memorandum of understanding required by this |
|
subchapter and all revisions to the memorandum. The entities shall |
|
develop revisions as necessary to reflect major reorganizations or |
|
statutory changes affecting the entities. (Gov. Code, Sec. |
|
531.055(d).) |
|
Sec. 522.0157. STATE-LEVEL INTERAGENCY STAFFING GROUP |
|
DUTIES; BIENNIAL REPORT. The state entities to which this |
|
subchapter applies shall ensure that a state-level interagency |
|
staffing group provides: |
|
(1) information and guidance to local-level |
|
interagency staffing groups regarding: |
|
(A) the availability of programs and resources in |
|
the community; and |
|
(B) best practices for addressing the needs of |
|
individuals with complex needs in the least restrictive setting |
|
appropriate; and |
|
(2) a biennial report to the administrative head of |
|
each entity, the legislature, and the governor that includes: |
|
(A) the number of individuals served through the |
|
local-level interagency staffing groups and the outcomes of the |
|
services provided; |
|
(B) a description of any identified barriers to |
|
the state's ability to provide effective services to individuals |
|
needing multiagency services; and |
|
(C) any other information relevant to improving |
|
the delivery of services to individuals needing multiagency |
|
services. (Gov. Code, Sec. 531.055(e).) |
|
SUBCHAPTER E. PUBLIC ACCESS TO MEETINGS |
|
Sec. 522.0201. DEFINITION. In this subchapter, "agency" |
|
means the commission or a health and human services agency. (Gov. |
|
Code, Sec. 531.0165(a).) |
|
Sec. 522.0202. ADDITIONAL APPLICABILITY TO CERTAIN |
|
ADVISORY BODIES. (a) The requirements of this subchapter also |
|
apply to the meetings of any advisory body that advises the |
|
executive commissioner or an agency. |
|
(b) The archived video and audio recording of an advisory |
|
body's meeting must be made available through the Internet website |
|
of the agency to which the advisory body provides advice. (Gov. |
|
Code, Sec. 531.0165(h).) |
|
Sec. 522.0203. INTERNET BROADCAST AND ARCHIVE OF OPEN |
|
MEETING. (a) An agency shall: |
|
(1) broadcast over the Internet live video and audio |
|
of each open meeting of the agency; |
|
(2) make a video and audio recording of reasonable |
|
quality of the broadcast; and |
|
(3) provide access to the archived video and audio |
|
recording on the agency's Internet website in accordance with |
|
Subsection (c). |
|
(b) An agency may use for an Internet broadcast of an open |
|
meeting of the agency a room made available to the agency on request |
|
in any state building, as that term is defined by Section 2165.301. |
|
(c) Not later than the seventh day after the date an open |
|
meeting is broadcast under this section, the agency shall make |
|
available through the agency's Internet website the archived video |
|
and audio recording of the open meeting. The agency shall maintain |
|
the archived video and audio recording on the agency's Internet |
|
website until at least the second anniversary of the date the |
|
recording was first made available on the website. (Gov. Code, |
|
Secs. 531.0165(b), (c), (e).) |
|
Sec. 522.0204. INTERNET NOTICE OF OPEN MEETING. An agency |
|
shall provide on the agency's Internet website the same notice of an |
|
open meeting that the agency is required to post under Subchapter C, |
|
Chapter 551. The notice must be posted within the time required for |
|
posting notice under Subchapter C, Chapter 551. (Gov. Code, Sec. |
|
531.0165(d).) |
|
Sec. 522.0205. EXEMPTION UNDER CERTAIN CIRCUMSTANCES. An |
|
agency is exempt from the requirements of this subchapter to the |
|
extent a catastrophe, as defined by Section 551.0411, or a |
|
technical breakdown prevents the agency from complying with this |
|
subchapter. Following the catastrophe or technical breakdown, the |
|
agency shall make all reasonable efforts to make available in a |
|
timely manner the required video and audio recording of the open |
|
meeting. (Gov. Code, Sec. 531.0165(f).) |
|
Sec. 522.0206. CONTRACTING AUTHORIZED. The commission |
|
shall consider contracting through competitive bidding with a |
|
private individual or entity to broadcast and archive an open |
|
meeting subject to this subchapter to minimize the cost of |
|
complying with this subchapter. (Gov. Code, Sec. 531.0165(g).) |
|
SUBCHAPTER F. FACILITIES |
|
Sec. 522.0251. LEASE OR SUBLEASE OF CERTAIN OFFICE SPACE. |
|
(a) A health and human services agency, with the commission's |
|
approval, or the Texas Workforce Commission or any other state |
|
agency that administers employment services programs may lease or |
|
sublease office space to a private service entity or lease or |
|
sublease office space from a private service entity that provides |
|
publicly funded health, human, or workforce services to enable |
|
agency eligibility and enrollment personnel to work with the entity |
|
if: |
|
(1) client access to services would be enhanced; and |
|
(2) the colocation of offices would improve the |
|
efficiency of the administration and delivery of services. |
|
(b) Subchapters D and E, Chapter 2165, do not apply to a |
|
state agency that leases or subleases office space to a private |
|
service entity under this section. |
|
(c) Subchapter B, Chapter 2167, does not apply to a state |
|
agency that leases or subleases office space from a private service |
|
entity under this section. |
|
(d) A state agency is delegated the authority to enter into |
|
a lease or sublease under this section and may negotiate the terms |
|
of the lease or sublease. |
|
(e) To the extent authorized by federal law, a state agency |
|
may share business resources with a private service entity that |
|
enters into a lease or sublease agreement with the agency under this |
|
section. (Gov. Code, Sec. 531.053.) |
|
Sec. 522.0252. ASSUMPTION OF LEASE FOR IMPLEMENTATION OF |
|
INTEGRATED ENROLLMENT SERVICES INITIATIVE. (a) A health and human |
|
services agency, with the commission's approval, or the Texas |
|
Workforce Commission or any other state agency that administers |
|
employment services programs may assume a lease from an integrated |
|
enrollment services initiative contractor or subcontractor to |
|
implement the initiative at one development center, one mail |
|
center, or 10 or more call or change centers. |
|
(b) Subchapter B, Chapter 2167, does not apply to a state |
|
agency that assumes a lease from a contractor or subcontractor |
|
under this section. (Gov. Code, Sec. 531.054.) |
|
Sec. 522.0253. PREREQUISITES FOR ESTABLISHING NEW HEALTH |
|
AND HUMAN SERVICES FACILITY IN CERTAIN COUNTIES. A health and human |
|
services agency may not establish a new facility in a county with a |
|
population of less than 200,000 until the agency provides notice |
|
about the facility and the facility's location and purpose to: |
|
(1) each state representative and state senator who |
|
represents all or part of the county; |
|
(2) the county judge who represents the county; and |
|
(3) the mayor of any municipality in which the facility would be located. (Gov. Code,
Sec. 531.015.) |
|
|
|
CHAPTER 523. HEALTH AND HUMAN SERVICES COMMISSION |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 523.0001. HEALTH AND HUMAN SERVICES COMMISSION; |
|
RESPONSIBILITY FOR DELIVERY OF HEALTH |
|
AND HUMAN SERVICES |
|
Sec. 523.0002. GOALS |
|
Sec. 523.0003. SUNSET PROVISION |
|
Sec. 523.0004. APPLICABILITY OF OTHER LAW |
|
SUBCHAPTER B. EXECUTIVE COMMISSIONER; PERSONNEL |
|
Sec. 523.0051. EXECUTIVE COMMISSIONER |
|
Sec. 523.0052. ELIGIBILITY FOR APPOINTMENT AS |
|
EXECUTIVE COMMISSIONER OR TO SERVE IN |
|
CERTAIN EMPLOYMENT POSITIONS |
|
Sec. 523.0053. TERM |
|
Sec. 523.0054. MEDICAL DIRECTOR; OTHER PERSONNEL |
|
Sec. 523.0055. CAREER LADDER PROGRAM; PERFORMANCE |
|
EVALUATIONS |
|
Sec. 523.0056. MERIT SYSTEM |
|
Sec. 523.0057. QUALIFICATIONS AND STANDARDS OF CONDUCT |
|
INFORMATION |
|
Sec. 523.0058. EQUAL EMPLOYMENT OPPORTUNITY POLICY |
|
Sec. 523.0059. USE OF AGENCY STAFF |
|
Sec. 523.0060. CRIMINAL HISTORY BACKGROUND CHECKS |
|
SUBCHAPTER C. EXECUTIVE COUNCIL |
|
Sec. 523.0101. HEALTH AND HUMAN SERVICES COMMISSION |
|
EXECUTIVE COUNCIL |
|
Sec. 523.0102. POWERS AND DUTIES |
|
Sec. 523.0103. COMPOSITION |
|
Sec. 523.0104. ELIGIBILITY TO SERVE ON EXECUTIVE |
|
COUNCIL |
|
Sec. 523.0105. PRESIDING OFFICER; RULES FOR OPERATION |
|
Sec. 523.0106. MEETINGS; QUORUM |
|
Sec. 523.0107. COMPENSATION; REIMBURSEMENT FOR |
|
EXPENSES |
|
Sec. 523.0108. PUBLIC COMMENT |
|
Sec. 523.0109. CONSTRUCTION OF SUBCHAPTER |
|
Sec. 523.0110. INAPPLICABILITY OF CERTAIN OTHER LAW |
|
SUBCHAPTER D. COMMISSION ORGANIZATION |
|
Sec. 523.0151. COMMISSION DIVISIONS |
|
Sec. 523.0152. DIVISION DIRECTOR APPOINTMENT AND |
|
QUALIFICATIONS |
|
Sec. 523.0153. DIVISION DIRECTOR DUTIES |
|
Sec. 523.0154. DATA ANALYSIS UNIT; QUARTERLY UPDATE |
|
Sec. 523.0155. OFFICE OF POLICY AND PERFORMANCE |
|
Sec. 523.0156. PURCHASING UNIT |
|
SUBCHAPTER E. ADVISORY COMMITTEES |
|
Sec. 523.0201. ESTABLISHMENT OF ADVISORY COMMITTEES |
|
Sec. 523.0202. APPLICABILITY OF OTHER LAW |
|
Sec. 523.0203. RULES FOR ADVISORY COMMITTEES |
|
Sec. 523.0204. PUBLIC ACCESS TO ADVISORY COMMITTEE |
|
MEETINGS |
|
Sec. 523.0205. ADVISORY COMMITTEE REPORTING |
|
SUBCHAPTER F. PUBLIC INTEREST INFORMATION, INPUT, AND COMPLAINTS |
|
Sec. 523.0251. PUBLIC INTEREST INFORMATION AND INPUT |
|
GENERALLY |
|
Sec. 523.0252. PUBLIC HEARINGS |
|
Sec. 523.0253. NOTICE OF PUBLIC HEARING |
|
Sec. 523.0254. COMPLAINTS |
|
Sec. 523.0255. OFFICE OF OMBUDSMAN |
|
SUBCHAPTER G. OFFICE OF HEALTH COORDINATION AND CONSUMER SERVICES |
|
Sec. 523.0301. DEFINITION |
|
Sec. 523.0302. OFFICE; STAFF |
|
Sec. 523.0303. GOALS |
|
Sec. 523.0304. STRATEGIC PLAN |
|
Sec. 523.0305. POWERS AND DUTIES |
|
Sec. 523.0306. TEXAS HOME VISITING PROGRAM TRUST FUND |
|
CHAPTER 523. HEALTH AND HUMAN SERVICES COMMISSION |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 523.0001. HEALTH AND HUMAN SERVICES COMMISSION; |
|
RESPONSIBILITY FOR DELIVERY OF HEALTH AND HUMAN SERVICES. (a) The |
|
Health and Human Services Commission is an agency of this state. |
|
(b) The commission is the state agency with primary |
|
responsibility for ensuring the delivery of state health and human |
|
services in a manner that: |
|
(1) uses an integrated system to determine client |
|
eligibility; |
|
(2) maximizes the use of federal, state, and local |
|
funds; and |
|
(3) emphasizes coordination, flexibility, and |
|
decision-making at the local level. (Gov. Code, Sec. 531.002.) |
|
Sec. 523.0002. GOALS. The commission's goals are to: |
|
(1) maximize federal funds through the efficient use |
|
of available state and local resources; |
|
(2) provide a system that delivers prompt, |
|
comprehensive, effective services to individuals of this state by: |
|
(A) improving access to health and human services |
|
at the local level; and |
|
(B) eliminating architectural, communication, |
|
programmatic, and transportation barriers; |
|
(3) promote the health of individuals of this state |
|
by: |
|
(A) reducing the incidence of disease and |
|
disabling conditions; |
|
(B) increasing the availability and improving |
|
the quality of health care services; |
|
(C) addressing the high incidence of certain |
|
illnesses and conditions in minority populations; |
|
(D) increasing the availability of trained |
|
health care professionals; |
|
(E) improving knowledge of health care needs; |
|
(F) reducing infant death and disease; |
|
(G) reducing the impacts of mental disorders in |
|
adults and emotional disturbances in children; |
|
(H) increasing nutritional education and |
|
participation in nutrition programs; and |
|
(I) reducing substance abuse; |
|
(4) foster the development of responsible, |
|
productive, and self-sufficient citizens by: |
|
(A) improving workforce skills; |
|
(B) increasing employment, earnings, and |
|
benefits; |
|
(C) increasing housing opportunities; |
|
(D) increasing child-care and other |
|
dependent-care services; |
|
(E) improving education and vocational training |
|
to meet specific career goals; |
|
(F) reducing school dropouts and teen pregnancy; |
|
(G) improving parental effectiveness; |
|
(H) increasing support services for individuals |
|
with disabilities and services to help those individuals maintain |
|
or increase their independence; |
|
(I) improving access to work sites, |
|
accommodations, transportation, and other public places and |
|
activities covered by the Americans with Disabilities Act of 1990 |
|
(42 U.S.C. Section 12101 et seq.); and |
|
(J) improving services for juvenile offenders; |
|
(5) provide needed resources and services to |
|
individuals of this state when they cannot provide or care for |
|
themselves by: |
|
(A) increasing support services for adults and |
|
their families during periods of unemployment, financial need, or |
|
homelessness; |
|
(B) reducing extended dependency on basic |
|
support services; and |
|
(C) increasing the availability and diversity of |
|
long-term care provided to support individuals with chronic |
|
conditions in settings that focus on community-based services, with |
|
options ranging from their own homes to total-care facilities; |
|
(6) protect the physical and emotional safety of all |
|
individuals of this state by: |
|
(A) reducing abuse, neglect, and exploitation of |
|
elderly individuals and adults with disabilities; |
|
(B) reducing child abuse and neglect; |
|
(C) reducing family violence; |
|
(D) increasing services to children who are |
|
truant or who run away, or who are at risk of truancy or running |
|
away, and their families; |
|
(E) reducing crime and juvenile delinquency; |
|
(F) reducing community health risks; and |
|
(G) improving regulation of human services |
|
providers; and |
|
(7) improve the coordination and delivery of |
|
children's services. (Gov. Code, Sec. 531.003.) |
|
Sec. 523.0003. SUNSET PROVISION. The Health and Human |
|
Services Commission is subject to Chapter 325 (Texas Sunset Act). |
|
Unless continued in existence as provided by that chapter, the |
|
commission is abolished September 1, 2027, and Chapter 531 and |
|
revised provisions derived from Chapter 531, as that chapter |
|
existed on March 31, 2025, expire on that date. (Gov. Code, Sec. |
|
531.004.) |
|
Sec. 523.0004. APPLICABILITY OF OTHER LAW. The commission |
|
is subject to Chapters 2001 and 2002. (Gov. Code, Sec. 531.032.) |
|
SUBCHAPTER B. EXECUTIVE COMMISSIONER; PERSONNEL |
|
Sec. 523.0051. EXECUTIVE COMMISSIONER. (a) The commission |
|
is governed by an executive commissioner. |
|
(b) The governor appoints the executive commissioner with |
|
the advice and consent of the senate, and shall make the appointment |
|
without regard to race, color, disability, sex, religion, age, or |
|
national origin. (Gov. Code, Sec. 531.005.) |
|
Sec. 523.0052. ELIGIBILITY FOR APPOINTMENT AS EXECUTIVE |
|
COMMISSIONER OR TO SERVE IN CERTAIN EMPLOYMENT POSITIONS. (a) In |
|
this section, "Texas trade association" means a cooperative and |
|
voluntarily joined statewide association of business or |
|
professional competitors in this state designed to assist its |
|
members and its industry or profession in dealing with mutual |
|
business or professional problems and in promoting their common |
|
interest. |
|
(b) An individual may not be appointed as executive |
|
commissioner or be a commission employee employed in a "bona fide |
|
executive, administrative, or professional capacity," as that |
|
phrase is used for purposes of establishing an exemption to the |
|
overtime provisions of the Fair Labor Standards Act of 1938 (29 |
|
U.S.C. Section 201 et seq.), if: |
|
(1) the individual is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of health and |
|
human services; or |
|
(2) the individual's spouse is an officer, manager, or |
|
paid consultant of a Texas trade association in the field of health |
|
and human services. |
|
(c) An individual may not be appointed as executive |
|
commissioner or act as the commission's general counsel if the |
|
individual is required to register as a lobbyist under Chapter 305 |
|
because of the individual's activities for compensation on behalf |
|
of a profession related to the commission's operation. |
|
(d) An individual may not be appointed as executive |
|
commissioner if the individual has a financial interest in a |
|
corporation, organization, or association under contract with: |
|
(1) the commission or a health and human services |
|
agency; |
|
(2) a local mental health or intellectual and |
|
developmental disability authority; or |
|
(3) a community center. (Gov. Code, Secs. 531.006(a), |
|
(a-1) (part), (b), (c).) |
|
Sec. 523.0053. TERM. The executive commissioner serves a |
|
two-year term expiring February 1 of each odd-numbered year. (Gov. |
|
Code, Sec. 531.007.) |
|
Sec. 523.0054. MEDICAL DIRECTOR; OTHER PERSONNEL. The |
|
executive commissioner: |
|
(1) shall employ a medical director to provide medical |
|
expertise to the executive commissioner and the commission; and |
|
(2) may employ other personnel necessary to administer |
|
the commission's duties. (Gov. Code, Sec. 531.009(a).) |
|
Sec. 523.0055. CAREER LADDER PROGRAM; PERFORMANCE |
|
EVALUATIONS. (a) The executive commissioner shall develop an |
|
intra-agency career ladder program. The program must require the |
|
intra-agency posting of all non-entry-level positions concurrently |
|
with any public posting. |
|
(b) The executive commissioner shall develop a system of |
|
annual performance evaluations based on measurable job tasks. All |
|
merit pay for commission employees must be based on the system |
|
established under this subsection. (Gov. Code, Secs. 531.009(b), |
|
(c).) |
|
Sec. 523.0056. MERIT SYSTEM. (a) The commission may |
|
establish a merit system for commission employees. |
|
(b) The merit system may be maintained in conjunction with |
|
other state agencies that are required by federal law to operate |
|
under a merit system. (Gov. Code, Sec. 531.010.) |
|
Sec. 523.0057. QUALIFICATIONS AND STANDARDS OF CONDUCT |
|
INFORMATION. The executive commissioner shall provide to |
|
commission employees as often as necessary information regarding |
|
their qualifications under this chapter and their responsibilities |
|
under applicable laws relating to standards of conduct for state |
|
employees. (Gov. Code, Sec. 531.009(d).) |
|
Sec. 523.0058. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) |
|
The executive commissioner shall prepare and maintain a written |
|
policy statement that implements a program of equal employment |
|
opportunity to ensure that all personnel transactions are made |
|
without regard to race, color, disability, sex, religion, age, or |
|
national origin. |
|
(b) The policy statement must include: |
|
(1) personnel policies, including policies relating |
|
to recruitment, evaluation, selection, training, and promotion of |
|
personnel, that show the commission's intent to avoid the unlawful |
|
employment practices described by Chapter 21, Labor Code; and |
|
(2) an analysis of the extent to which the composition |
|
of the commission's personnel is in accordance with state and |
|
federal law and a description of reasonable methods to achieve |
|
compliance with state and federal law. |
|
(c) The policy statement must be: |
|
(1) updated annually; |
|
(2) reviewed by the Texas Workforce Commission civil |
|
rights division for compliance with Subsection (b)(1); and |
|
(3) filed with the governor's office. (Gov. Code, |
|
Secs. 531.009(e), (f), (g).) |
|
Sec. 523.0059. USE OF AGENCY STAFF. To the extent the |
|
commission requests, a health and human services agency shall |
|
assign existing staff to perform a function imposed under Chapter |
|
531 or revised provisions derived from Chapter 531, as that chapter |
|
existed on March 31, 2025. (Gov. Code, Sec. 531.0242.) |
|
Sec. 523.0060. CRIMINAL HISTORY BACKGROUND CHECKS. (a) In |
|
this section, "eligible individual" means an individual whose |
|
criminal history record information the executive commissioner or |
|
the executive commissioner's designee is entitled to obtain from |
|
the Department of Public Safety under Section 411.1106. |
|
(b) The executive commissioner may require an eligible |
|
individual to submit fingerprints in a form and of a quality |
|
acceptable to the Department of Public Safety and the Federal |
|
Bureau of Investigation for use in conducting a criminal history |
|
background check by obtaining criminal history record information |
|
under Sections 411.087 and 411.1106. |
|
(c) Criminal history record information the executive |
|
commissioner obtains under Sections 411.087 and 411.1106 may be |
|
used only to evaluate the qualification or suitability for |
|
employment, including continued employment, of an eligible |
|
individual. |
|
(d) Notwithstanding Subsection (c), the executive |
|
commissioner or the executive commissioner's designee may release |
|
or disclose criminal history record information obtained under |
|
Section 411.087 only to a governmental entity or as otherwise |
|
authorized by federal law, including federal regulations and |
|
executive orders. (Gov. Code, Sec. 531.00554.) |
|
SUBCHAPTER C. EXECUTIVE COUNCIL |
|
Sec. 523.0101. HEALTH AND HUMAN SERVICES COMMISSION |
|
EXECUTIVE COUNCIL. The Health and Human Services Commission |
|
Executive Council is established to receive public comment and |
|
advise the executive commissioner regarding the commission's |
|
operation. (Gov. Code, Sec. 531.0051(a) (part).) |
|
Sec. 523.0102. POWERS AND DUTIES. (a) The executive |
|
council shall seek and receive public comment on: |
|
(1) proposed rules; |
|
(2) advisory committee recommendations; |
|
(3) legislative appropriations requests or other |
|
documents related to the appropriations process; |
|
(4) the operation of health and human services |
|
programs; and |
|
(5) other items the executive commissioner determines |
|
appropriate. |
|
(b) The executive council does not have authority to make |
|
administrative or policy decisions. (Gov. Code, Secs. 531.0051(a) |
|
(part), (b).) |
|
Sec. 523.0103. COMPOSITION. (a) The executive council is |
|
composed of: |
|
(1) the executive commissioner; |
|
(2) the director of each division the executive |
|
commissioner established under former Section 531.008(c) before |
|
the expiration of that subsection on September 1, 2023; |
|
(3) the commissioner of a health and human services |
|
agency; |
|
(4) the commissioner of the Department of Family and |
|
Protective Services, regardless of whether that agency continues as |
|
a state agency separate from the commission; and |
|
(5) other individuals the executive commissioner |
|
appoints as the executive commissioner determines necessary. |
|
(b) To the extent the executive commissioner appoints |
|
members to the executive council under Subsection (a)(5), the |
|
executive commissioner shall make every effort to ensure that those |
|
appointments result in the executive council including: |
|
(1) a balanced representation of a broad range of |
|
health and human services industry and consumer interests; and |
|
(2) representation from broad geographic regions of |
|
this state. |
|
(c) An executive council member appointed under Subsection |
|
(a)(5) serves at the executive commissioner's pleasure. (Gov. |
|
Code, Secs. 531.0051(c), (c-1), (e) (part).) |
|
Sec. 523.0104. ELIGIBILITY TO SERVE ON EXECUTIVE COUNCIL. |
|
(a) In this section, "Texas trade association" has the meaning |
|
assigned by Section 523.0052. |
|
(b) An individual may not serve on the executive council if: |
|
(1) the individual is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of health and |
|
human services; or |
|
(2) the individual's spouse is an officer, manager, or |
|
paid consultant of a Texas trade association in the field of health |
|
and human services. (Gov. Code, Secs. 531.0051(e) (part), |
|
531.006(a), (a-1) (part).) |
|
Sec. 523.0105. PRESIDING OFFICER; RULES FOR OPERATION. The |
|
executive commissioner serves as the chair of the executive council |
|
and shall adopt rules for the council's operation. (Gov. Code, Sec. |
|
531.0051(d).) |
|
Sec. 523.0106. MEETINGS; QUORUM. (a) The executive |
|
council shall meet at the executive commissioner's call at least |
|
quarterly. The executive commissioner may call additional meetings |
|
as the executive commissioner determines necessary. |
|
(b) A majority of the executive council members constitutes |
|
a quorum for the transaction of business. |
|
(c) The executive council shall comply with the |
|
requirements of Subchapter E, Chapter 522. The archived video and |
|
audio recording of a council meeting must be made available through |
|
the commission's Internet website. |
|
(d) A meeting of individual executive council members that |
|
occurs in the ordinary course of commission operation is not a |
|
council meeting, and the requirements of Subsection (c) do not |
|
apply to the meeting. (Gov. Code, Secs. 531.0051(f), (g), (h), |
|
(k).) |
|
Sec. 523.0107. COMPENSATION; REIMBURSEMENT FOR EXPENSES. |
|
An executive council member appointed under Section 523.0103(a)(5) |
|
may not receive compensation for service as a council member but is |
|
entitled to reimbursement for travel expenses the member incurs |
|
while conducting council business as provided by the General |
|
Appropriations Act. (Gov. Code, Sec. 531.0051(i).) |
|
Sec. 523.0108. PUBLIC COMMENT. The executive commissioner |
|
shall develop and implement policies that provide the public with a |
|
reasonable opportunity to appear before the executive council which |
|
may include holding meetings in various geographic areas across |
|
this state or allowing public comment at teleconferencing centers |
|
in various geographic areas across this state and to speak on any |
|
issue under the commission's jurisdiction. (Gov. Code, Sec. |
|
531.0051(j).) |
|
Sec. 523.0109. CONSTRUCTION OF SUBCHAPTER. This subchapter |
|
does not limit the executive commissioner's authority to establish |
|
additional advisory committees or councils. (Gov. Code, Sec. |
|
531.0051(l).) |
|
Sec. 523.0110. INAPPLICABILITY OF CERTAIN OTHER LAW. |
|
Except as provided by Section 522.0204, Chapters 551 and 2110 do not |
|
apply to the executive council. (Gov. Code, Sec. 531.0051(m).) |
|
SUBCHAPTER D. COMMISSION ORGANIZATION |
|
Sec. 523.0151. COMMISSION DIVISIONS. (a) The executive |
|
commissioner shall establish divisions within the commission along |
|
functional lines as necessary for effective administration and the |
|
discharge of the commission's functions. |
|
(b) The executive commissioner may allocate and reallocate |
|
functions among the commission's divisions. (Gov. Code, Secs. |
|
531.008(a), (b).) |
|
Sec. 523.0152. DIVISION DIRECTOR APPOINTMENT AND |
|
QUALIFICATIONS. (a) The executive commissioner shall appoint a |
|
director for each division established within the commission under |
|
Section 523.0151, except that the director of the office of |
|
inspector general is appointed in accordance with Section 544.0101. |
|
(b) The executive commissioner shall: |
|
(1) develop clear qualifications for each director |
|
appointed under this section to ensure the director has: |
|
(A) demonstrated experience in fields relevant |
|
to the director position; and |
|
(B) executive-level administrative and |
|
leadership experience; and |
|
(2) ensure the qualifications developed under |
|
Subdivision (1) are publicly available. (Gov. Code, Sec. |
|
531.00561.) |
|
Sec. 523.0153. DIVISION DIRECTOR DUTIES. (a) The |
|
executive commissioner shall clearly define the duties and |
|
responsibilities of a division director. |
|
(b) The executive commissioner shall develop clear policies |
|
for the delegation to division directors of specific |
|
decision-making authority, including budget authority. The |
|
delegation should be significant enough to ensure the efficient |
|
administration of the commission's programs and services. (Gov. |
|
Code, Sec. 531.00562.) |
|
Sec. 523.0154. DATA ANALYSIS UNIT; QUARTERLY UPDATE. (a) |
|
The executive commissioner shall establish a data analysis unit |
|
within the commission to establish, employ, and oversee data |
|
analysis processes designed to: |
|
(1) improve contract management; |
|
(2) detect data trends; and |
|
(3) identify anomalies relating to service |
|
utilization, providers, payment methodologies, and compliance with |
|
requirements in Medicaid and child health plan program managed care |
|
and fee-for-service contracts. |
|
(b) The commission shall assign to the data analysis unit |
|
staff who perform duties only in relation to the unit. |
|
(c) The data analysis unit shall use all available data and |
|
tools for data analysis when establishing, employing, and |
|
overseeing data analysis processes under this section. |
|
(d) Not later than the 30th day following the end of each |
|
calendar quarter, the data analysis unit shall provide an update on |
|
the unit's activities and findings to the governor, the lieutenant |
|
governor, the speaker of the house of representatives, the chair of |
|
the Senate Finance Committee, the chair of the House Appropriations |
|
Committee, and the chairs of the standing committees of the senate |
|
and house of representatives having jurisdiction over Medicaid. |
|
(Gov. Code, Sec. 531.0082.) |
|
Sec. 523.0155. OFFICE OF POLICY AND PERFORMANCE. (a) In |
|
this section, "office" means the office of policy and performance |
|
established under this section. |
|
(b) The executive commissioner shall establish the office |
|
of policy and performance as an executive-level office designed to |
|
coordinate policy and performance efforts across the health and |
|
human services system. To coordinate those efforts, the office |
|
shall: |
|
(1) develop a performance management system; |
|
(2) take the lead in providing support and oversight |
|
for the implementation of major policy changes and in managing |
|
organizational changes; and |
|
(3) act as a centralized body of experts within the |
|
commission that offers program evaluation and process improvement |
|
expertise. |
|
(c) In developing a performance management system under |
|
Subsection (b)(1), the office shall: |
|
(1) gather, measure, and evaluate performance |
|
measures and accountability systems the health and human services |
|
system uses; |
|
(2) develop new and refined performance measures as |
|
appropriate; and |
|
(3) establish targeted, high-level system metrics |
|
capable of measuring overall performance and achievement of goals |
|
by the health and human services system and of communicating that |
|
performance and achievement to both internal and public audiences |
|
through various mechanisms, including the Internet. |
|
(d) In providing support and oversight for the |
|
implementation of policy or organizational changes within the |
|
health and human services system under Subsection (b)(2), the |
|
office shall: |
|
(1) ensure individuals receiving services from or |
|
participating in programs administered through the health and human |
|
services system do not lose visibility or attention during the |
|
implementation of any new policy or organizational change by: |
|
(A) establishing timelines and milestones for |
|
any transition; |
|
(B) supporting health and human services system |
|
staff in any change between service delivery methods; and |
|
(C) providing feedback to executive management |
|
on technical assistance and other support needed to achieve a |
|
successful transition; |
|
(2) address cultural differences among health and |
|
human services system staff; and |
|
(3) track and oversee changes in policy or |
|
organization mandated by legislation or administrative rule. |
|
(e) In acting as a centralized body of experts under |
|
Subsection (b)(3), the office shall: |
|
(1) for the health and human services system, provide |
|
program evaluation and process improvement guidance both generally |
|
and for specific projects identified with executive or stakeholder |
|
input or through risk analysis; and |
|
(2) identify and monitor cross-functional efforts |
|
involving different administrative components within the health |
|
and human services system and the establishment of cross-functional |
|
teams when necessary to improve the coordination of services |
|
provided through the system. |
|
(f) Except as otherwise provided by this section, the |
|
executive commissioner may develop the office's structure and |
|
duties as the executive commissioner determines appropriate. (Gov. |
|
Code, Sec. 531.0083.) |
|
Sec. 523.0156. PURCHASING UNIT. (a) The commission shall |
|
establish a purchasing unit to manage administrative activities |
|
related to the purchasing functions within the health and human |
|
services system. |
|
(b) The purchasing unit shall: |
|
(1) seek to achieve targeted cost reductions, increase |
|
process efficiencies, improve technological support and customer |
|
services, and enhance purchasing support within the health and |
|
human services system; and |
|
(2) if cost-effective, contract with private entities |
|
to perform purchasing functions for the health and human services |
|
system. (Gov. Code, Sec. 531.017.) |
|
SUBCHAPTER E. ADVISORY COMMITTEES |
|
Sec. 523.0201. ESTABLISHMENT OF ADVISORY COMMITTEES. The |
|
executive commissioner shall establish and maintain advisory |
|
committees to consider issues and solicit public input across all |
|
major areas of the health and human services system which may be |
|
from various geographic areas across this state, which may be done |
|
either in person or through teleconferencing centers, including |
|
relating to the following issues: |
|
(1) Medicaid and other social services programs; |
|
(2) managed care under Medicaid and the child health |
|
plan program; |
|
(3) health care quality initiatives; |
|
(4) aging; |
|
(5) individuals with disabilities, including |
|
individuals with autism; |
|
(6) rehabilitation, including for individuals with |
|
brain injuries; |
|
(7) children; |
|
(8) public health; |
|
(9) behavioral health; |
|
(10) regulatory matters; |
|
(11) protective services; and |
|
(12) prevention efforts. (Gov. Code, Sec. |
|
531.012(a).) |
|
Sec. 523.0202. APPLICABILITY OF OTHER LAW. Chapter 2110 |
|
applies to an advisory committee established under this subchapter. |
|
(Gov. Code, Sec. 531.012(b).) |
|
Sec. 523.0203. RULES FOR ADVISORY COMMITTEES. The |
|
executive commissioner shall adopt rules: |
|
(1) in compliance with Chapter 2110 to govern the |
|
purpose, tasks, reporting requirements, and date of abolition of an |
|
advisory committee established under this subchapter; and |
|
(2) related to an advisory committee's: |
|
(A) size and quorum requirements; |
|
(B) membership, including: |
|
(i) member qualifications and any |
|
experience requirements; |
|
(ii) required geographic representation; |
|
(iii) appointment procedures; and |
|
(iv) members' terms; and |
|
(C) duty to comply with the requirements for open |
|
meetings under Chapter 551. (Gov. Code, Sec. 531.012(c).) |
|
Sec. 523.0204. PUBLIC ACCESS TO ADVISORY COMMITTEE |
|
MEETINGS. (a) This section applies to an advisory committee |
|
established under this subchapter. |
|
(b) The commission shall create a master calendar that |
|
includes all advisory committee meetings across the health and |
|
human services system. |
|
(c) The commission shall make available on the commission's |
|
Internet website: |
|
(1) the master calendar; |
|
(2) all meeting materials for an advisory committee |
|
meeting; and |
|
(3) streaming live video and audio of each advisory |
|
committee meeting. |
|
(d) The commission shall provide Internet access in each |
|
room used for a meeting that appears on the master calendar. |
|
(e) The commission shall ensure that, to the same extent and |
|
in the same manner as the broadcast, archiving, and notice of agency |
|
meetings are required under Subchapter E, Chapter 522, advisory |
|
committee meetings are: |
|
(1) broadcast; |
|
(2) archived on the Internet website of the agency to |
|
which the advisory committee provides advice; and |
|
(3) subject to public notice requirements. (Gov. |
|
Code, Sec. 531.0121.) |
|
Sec. 523.0205. ADVISORY COMMITTEE REPORTING. An advisory |
|
committee established under this subchapter shall: |
|
(1) report any recommendations to the executive |
|
commissioner; and |
|
(2) submit a written report to the legislature of any |
|
policy recommendations the advisory committee made to the executive |
|
commissioner under Subdivision (1). (Gov. Code, Sec. 531.012(d), |
|
as added Acts 84th Leg., R.S., Ch. 946.) |
|
SUBCHAPTER F. PUBLIC INTEREST INFORMATION, INPUT, AND COMPLAINTS |
|
Sec. 523.0251. PUBLIC INTEREST INFORMATION AND INPUT |
|
GENERALLY. (a) The commission shall develop and implement |
|
policies that provide the public a reasonable opportunity to appear |
|
before the commission and speak on any issue under the commission's |
|
jurisdiction. |
|
(b) The commission shall develop and implement routine and |
|
ongoing mechanisms, in accessible formats, to: |
|
(1) receive consumer input; |
|
(2) involve consumers in the planning, delivery, and |
|
evaluation of programs and services under the commission's |
|
jurisdiction; and |
|
(3) communicate to the public regarding the input the |
|
commission receives under this section and actions taken in |
|
response to that input. |
|
(c) The commission shall prepare information of public |
|
interest describing the commission's functions. The commission |
|
shall make the information available to the public and appropriate |
|
state agencies. (Gov. Code, Secs. 531.011(a), (b), (c) (part).) |
|
Sec. 523.0252. PUBLIC HEARINGS. (a) The commission |
|
biennially shall conduct a series of public hearings in diverse |
|
locations throughout this state to give citizens of this state an |
|
opportunity to comment on health and human services issues. The |
|
commission shall conduct a sufficient number of hearings to allow |
|
reasonable access by citizens in both rural and urban areas, with an |
|
emphasis on geographic diversity. |
|
(b) In conducting a public hearing under this section, the |
|
commission shall, to the greatest extent possible, encourage |
|
participation in the hearings process by diverse groups of citizens |
|
in this state. |
|
(c) A public hearing held under this section is subject to |
|
Chapter 551. (Gov. Code, Sec. 531.036.) |
|
Sec. 523.0253. NOTICE OF PUBLIC HEARING. (a) In addition |
|
to the notice required by Chapter 551, the commission shall: |
|
(1) publish notice of a public hearing under Section |
|
523.0252 in a newspaper of general circulation in the county in |
|
which the hearing is to be held; and |
|
(2) provide written notice of the hearing to public |
|
officials in the affected area. |
|
(b) If the county in which the public hearing is to be held |
|
does not have a newspaper of general circulation, the commission |
|
shall publish notice in a newspaper of general circulation in an |
|
adjacent county or in the nearest county in which a newspaper of |
|
general circulation is published. |
|
(c) Notice must be published once a week for two consecutive |
|
weeks before the public hearing, with the first publication |
|
appearing not later than the 15th day before the date set for the |
|
hearing. (Gov. Code, Sec. 531.037.) |
|
Sec. 523.0254. COMPLAINTS. (a) The commission shall |
|
prepare information of public interest describing the commission's |
|
procedures by which complaints are filed with and resolved by the |
|
commission. The commission shall make the information available to |
|
the public and appropriate state agencies. |
|
(b) The executive commissioner by rule shall establish |
|
methods by which the public, consumers, and service recipients can |
|
be notified of the mailing addresses and telephone numbers of |
|
appropriate agency personnel for the purpose of directing |
|
complaints to the commission. The commission may provide for that |
|
notice: |
|
(1) on each registration form, application, or written |
|
contract for services of a person the commission regulates; |
|
(2) on a sign prominently displayed in the place of |
|
business of each person the commission regulates; or |
|
(3) in a bill for service provided by a person the |
|
commission regulates. |
|
(c) The commission shall: |
|
(1) keep an information file about each complaint |
|
filed with the commission relating to: |
|
(A) a license holder or entity the commission |
|
regulates; or |
|
(B) a service the commission delivers; and |
|
(2) maintain an information file about each complaint |
|
the commission receives relating to any other matter or agency |
|
under the commission's jurisdiction. |
|
(d) If a written complaint is filed with the commission |
|
relating to a license holder or entity the commission regulates or |
|
a service the commission delivers, the commission, at least |
|
quarterly and until final disposition of the complaint, shall |
|
notify the parties to the complaint of the status of the complaint |
|
unless notice would jeopardize an undercover investigation. (Gov. |
|
Code, Secs. 531.011(c) (part), (d), (e), (f), (g).) |
|
Sec. 523.0255. OFFICE OF OMBUDSMAN. (a) The executive |
|
commissioner shall establish the commission's office of the |
|
ombudsman with authority and responsibility over the health and |
|
human services system in performing the following functions: |
|
(1) providing dispute resolution services for the |
|
health and human services system; |
|
(2) performing consumer protection and advocacy |
|
functions related to health and human services, including assisting |
|
a consumer or other interested person with: |
|
(A) raising a matter within the health and human |
|
services system that the person feels is being ignored; and |
|
(B) obtaining information regarding a filed |
|
complaint; and |
|
(3) collecting inquiry and complaint data related to |
|
the health and human services system. |
|
(b) The office of the ombudsman does not have the authority |
|
to provide a separate process for resolving complaints or appeals. |
|
(c) The executive commissioner shall develop a standard |
|
process for tracking and reporting received inquiries and |
|
complaints within the health and human services system. The |
|
process must provide for the centralized tracking of inquiries and |
|
complaints submitted to field, regional, or other local health and |
|
human services system offices. |
|
(d) Using the process developed under Subsection (c), the |
|
office of the ombudsman shall collect inquiry and complaint data |
|
from all agencies, divisions, offices, and other entities within |
|
the health and human services system. To assist with the collection |
|
of data under this subsection, the office may access any system or |
|
process for recording inquiries and complaints the health and human |
|
services system uses or maintains. (Gov. Code, Sec. 531.0171.) |
|
SUBCHAPTER G. OFFICE OF HEALTH COORDINATION AND CONSUMER SERVICES |
|
Sec. 523.0301. DEFINITION. In this subchapter, "office" |
|
means the Office of Health Coordination and Consumer Services. |
|
(Gov. Code, Sec. 531.281.) |
|
Sec. 523.0302. OFFICE; STAFF. (a) The Office of Health |
|
Coordination and Consumer Services is an office within the |
|
commission. |
|
(b) The executive commissioner shall employ staff as needed |
|
to carry out the duties of the office. (Gov. Code, Sec. 531.282.) |
|
Sec. 523.0303. GOALS. The goals of the office are to: |
|
(1) promote community support for parents of children |
|
younger than six years of age through an integrated state and |
|
local-level decision-making process; and |
|
(2) provide for the seamless delivery of health and |
|
human services to children younger than six years of age to ensure |
|
that children are prepared to succeed in school. (Gov. Code, Sec. |
|
531.283.) |
|
Sec. 523.0304. STRATEGIC PLAN. (a) The office shall create |
|
and implement a statewide strategic plan for the delivery of health |
|
and human services to children younger than six years of age. |
|
(b) In developing the statewide strategic plan, the office |
|
shall: |
|
(1) consider existing programs and models to serve |
|
children younger than six years of age, including: |
|
(A) community resource coordination groups; |
|
(B) the Texas System of Care; and |
|
(C) the Texas Information and Referral Network |
|
and the 2-1-1 telephone number for access to human services; |
|
(2) attempt to maximize federal funds and local |
|
existing infrastructure and funds; and |
|
(3) provide for local participation to the greatest |
|
extent possible. |
|
(c) The statewide strategic plan must address the needs of |
|
children with disabilities who are younger than six years of age. |
|
(Gov. Code, Sec. 531.284.) |
|
Sec. 523.0305. POWERS AND DUTIES. (a) The office shall |
|
identify: |
|
(1) gaps in early childhood services by functional |
|
area and geographical area; |
|
(2) state policies, rules, and service procedures that |
|
prevent or inhibit children younger than six years of age from |
|
accessing available services; |
|
(3) sources of funds for early childhood services, |
|
including federal, state, and private-public venture sources; |
|
(4) opportunities for collaboration between the Texas |
|
Education Agency and health and human services agencies to better |
|
serve the needs of children younger than six years of age; |
|
(5) methods for coordinating early childhood services |
|
provided by the Texas Head Start State Collaboration Office, the |
|
Texas Education Agency, and the Texas Workforce Commission; |
|
(6) quantifiable benchmarks for success within early |
|
childhood service delivery; and |
|
(7) national best practices in early care and |
|
educational delivery models. |
|
(b) The office shall establish community outreach efforts |
|
and ensure adequate communication lines that provide: |
|
(1) the office with information about community-level |
|
efforts; and |
|
(2) communities with information about funds and |
|
programs available to communities. |
|
(c) The office shall make recommendations to the commission |
|
on strategies to: |
|
(1) ensure optimum collaboration and coordination |
|
between state agencies serving the needs of children younger than |
|
six years of age and other community stakeholders; |
|
(2) fill functional and geographical gaps in early |
|
childhood services; and |
|
(3) amend state policies, rules, and service |
|
procedures that prevent or inhibit children younger than six years |
|
of age from accessing services. (Gov. Code, Sec. 531.285.) |
|
Sec. 523.0306. TEXAS HOME VISITING PROGRAM TRUST FUND. (a) |
|
The Texas Home Visiting Program trust fund is a trust fund outside |
|
the treasury with the comptroller. The fund is administered by the |
|
office under this section and rules the executive commissioner |
|
adopts. Money in the fund is not state money and is not subject to |
|
legislative appropriation. |
|
(b) The fund consists of money from voluntary contributions |
|
under Section 191.0048, Health and Safety Code, and Section |
|
118.018, Local Government Code. |
|
(c) The office may spend money in the fund without |
|
appropriation and only for the purpose of the Texas Home Visiting |
|
Program the commission administers. |
|
(d) Interest and income from fund assets shall be credited to and deposited in the fund.
(Gov. Code, Sec. 531.287.) |
|
|
|
CHAPTER 524. AUTHORITY OVER HEALTH AND HUMAN SERVICES SYSTEM |
|
SUBCHAPTER A. SYSTEM OVERSIGHT AUTHORITY OF COMMISSION |
|
Sec. 524.0001. GENERAL RESPONSIBILITY OF COMMISSION |
|
FOR HEALTH AND HUMAN SERVICES SYSTEM; |
|
PRIORITIZATION OF CERTAIN DUTIES |
|
Sec. 524.0002. GENERAL RESPONSIBILITY OF EXECUTIVE |
|
COMMISSIONER FOR HEALTH AND HUMAN |
|
SERVICES SYSTEM |
|
Sec. 524.0003. ADOPTION OR APPROVAL OF PAYMENT RATES |
|
Sec. 524.0004. PROGRAM TO EVALUATE AND SUPERVISE DAILY |
|
OPERATIONS |
|
Sec. 524.0005. RULES |
|
SUBCHAPTER B. COMMISSIONERS OF HEALTH AND HUMAN SERVICES AGENCIES |
|
Sec. 524.0051. APPOINTMENT OF AGENCY COMMISSIONER BY |
|
EXECUTIVE COMMISSIONER |
|
Sec. 524.0052. EVALUATION OF AGENCY COMMISSIONER |
|
SUBCHAPTER C. MEMORANDUM OF UNDERSTANDING FOR OPERATION OF SYSTEM |
|
Sec. 524.0101. MEMORANDUM OF UNDERSTANDING BETWEEN |
|
EXECUTIVE COMMISSIONER AND HEALTH AND |
|
HUMAN SERVICES AGENCY COMMISSIONER |
|
Sec. 524.0102. ADOPTION AND AMENDMENT OF MEMORANDUM OF |
|
UNDERSTANDING |
|
SUBCHAPTER D. RULES AND POLICIES FOR HEALTH AND HUMAN SERVICES |
|
Sec. 524.0151. AUTHORITY TO ADOPT RULES AND POLICIES |
|
Sec. 524.0152. PROCEDURES FOR ADOPTING RULES AND |
|
POLICIES |
|
Sec. 524.0153. POLICY FOR NEGOTIATED RULEMAKING AND |
|
ALTERNATIVE DISPUTE RESOLUTION |
|
PROCEDURES |
|
Sec. 524.0154. PERSON FIRST RESPECTFUL LANGUAGE |
|
PROMOTION |
|
SUBCHAPTER E. ADMINISTRATIVE SUPPORT SERVICES |
|
Sec. 524.0201. DEFINITION |
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Sec. 524.0202. CENTRALIZED SYSTEM OF ADMINISTRATIVE |
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SUPPORT SERVICES |
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Sec. 524.0203. PRINCIPLES FOR AND REQUIREMENTS OF |
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CENTRALIZED SYSTEM; MEMORANDUM OF |
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UNDERSTANDING |
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SUBCHAPTER F. LEGISLATIVE OVERSIGHT |
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Sec. 524.0251. OVERSIGHT BY LEGISLATIVE COMMITTEES |
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Sec. 524.0252. INFORMATION PROVIDED TO LEGISLATIVE |
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COMMITTEES |
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CHAPTER 524. AUTHORITY OVER HEALTH AND HUMAN SERVICES SYSTEM |
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SUBCHAPTER A. SYSTEM OVERSIGHT AUTHORITY OF COMMISSION |
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Sec. 524.0001. GENERAL RESPONSIBILITY OF COMMISSION FOR |
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HEALTH AND HUMAN SERVICES SYSTEM; PRIORITIZATION OF CERTAIN DUTIES. |
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(a) The commission shall: |
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(1) supervise the administration and operation of |
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Medicaid, including the administration and operation of the |
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Medicaid managed care system in accordance with Sections 532.0051 |
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and 532.0057; |
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(2) perform information resources planning and |
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management for the health and human services system under Section |
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525.0251, with: |
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(A) the provision of information technology |
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services for the health and human services system as a centralized |
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administrative support service performed either by commission |
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personnel or under a contract with the commission; and |
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(B) an emphasis on research and implementation on |
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a demonstration or pilot basis of appropriate and efficient uses of |
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new and existing technology to improve the operation of the health |
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and human services system and delivery of health and human |
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services; |
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(3) monitor and ensure the effective use of all |
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federal funds received for the health and human services system in |
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accordance with Section 525.0052 and the General Appropriations |
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Act; |
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(4) implement Texas Integrated Enrollment Services as |
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required by Subchapter A, Chapter 545, except that notwithstanding |
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that subchapter, the commission is responsible for determining and |
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must centralize benefits eligibility under the following programs: |
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(A) the child health plan program; |
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(B) the financial assistance program under |
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Chapter 31, Human Resources Code; |
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(C) Medicaid; |
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(D) the supplemental nutrition assistance |
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program under Chapter 33, Human Resources Code; |
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(E) long-term care services as defined by Section |
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22.0011, Human Resources Code; |
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(F) community-based support services identified |
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or provided in accordance with Subchapter D, Chapter 546; and |
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(G) other health and human services programs, as |
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appropriate; and |
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(5) implement programs intended to prevent family |
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violence and provide services to victims of family violence. |
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(b) The commission shall implement the powers and duties |
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given to the commission under Sections 525.0002, 525.0153, |
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2155.144, and 2167.004. |
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(c) After implementing the commission's duties under |
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Subsections (a) and (b), the commission shall implement the powers |
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and duties given to the commission under Section 525.0160. |
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(d) Nothing in the priorities established by this section is |
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intended to limit the commission's authority to work simultaneously |
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to achieve the multiple tasks assigned to the commission in this |
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section and Section 524.0202(a)(1) when that approach is beneficial |
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in the commission's judgment. (Gov. Code, Secs. 531.0055(b), (c), |
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(d) (part).) |
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Sec. 524.0002. GENERAL RESPONSIBILITY OF EXECUTIVE |
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COMMISSIONER FOR HEALTH AND HUMAN SERVICES SYSTEM. (a) The |
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executive commissioner, as necessary to perform the functions |
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described by Section 524.0001 and Subchapter E in implementing |
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applicable policies the executive commissioner establishes for a |
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health and human services agency or division, shall: |
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(1) manage and direct the operations of each agency or |
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division, as applicable; |
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(2) supervise and direct the activities of each agency |
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commissioner or division director, as applicable; and |
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(3) be responsible for the administrative supervision |
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of the internal audit program for the agencies, including: |
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(A) selecting the director of internal audit; |
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(B) ensuring the director of internal audit |
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reports directly to the executive commissioner; and |
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(C) ensuring the independence of the internal |
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audit function. |
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(b) The executive commissioner's operational authority and |
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responsibility for purposes of Subsection (a) and Section |
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524.0151(a)(2) for each health and human services agency or |
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division, as applicable, includes authority over and |
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responsibility for: |
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(1) daily operations management of the agency or |
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division, including the organization, management, and operating |
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procedures of the agency or division; |
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(2) resource allocation within the agency or division, |
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including the use of federal funds the agency or division receives; |
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(3) personnel and employment policies; |
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(4) contracting, purchasing, and related policies, |
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subject to this chapter and other laws relating to contracting and |
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purchasing by a state agency; |
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(5) information resources systems the agency or |
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division uses; |
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(6) facility location; and |
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(7) the coordination of agency or division activities |
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with activities of other components of the health and human |
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services system and state agencies. (Gov. Code, Secs. 531.0055(a) |
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(part), (e) (part), (f).) |
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Sec. 524.0003. ADOPTION OR APPROVAL OF PAYMENT RATES. |
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Notwithstanding any other law, the executive commissioner's |
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operational authority and responsibility for purposes of Sections |
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524.0002(a) and 524.0151(a)(2) for each health and human services |
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agency or division, as applicable, include the authority and |
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responsibility to adopt or approve, subject to applicable |
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limitations, any payment rate or similar provision a health and |
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human services agency is required by law to adopt or approve. (Gov. |
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Code, Sec. 531.0055(g).) |
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Sec. 524.0004. PROGRAM TO EVALUATE AND SUPERVISE DAILY |
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OPERATIONS. (a) For each health and human services agency and |
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division, as applicable, the executive commissioner shall |
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implement a program to evaluate and supervise daily operations. |
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(b) The program must include: |
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(1) measurable performance objectives for each agency |
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commissioner or division director; and |
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(2) adequate reporting requirements to permit the |
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executive commissioner to perform the duties assigned to the |
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executive commissioner under: |
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(A) this subchapter; |
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(B) Sections 524.0101(a), 524.0151(a)(2) and |
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(b), and 525.0254(b); and |
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(C) Section 524.0202 with respect to the health |
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and human services system. (Gov. Code, Secs. 531.0055(a) (part), |
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(h).) |
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Sec. 524.0005. RULES. The executive commissioner shall |
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adopt rules to implement the executive commissioner's authority |
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under this subchapter with respect to the health and human services |
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system. (Gov. Code, Sec. 531.0055(j).) |
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SUBCHAPTER B. COMMISSIONERS OF HEALTH AND HUMAN SERVICES AGENCIES |
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Sec. 524.0051. APPOINTMENT OF AGENCY COMMISSIONER BY |
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EXECUTIVE COMMISSIONER. (a) The executive commissioner, with the |
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governor's approval, shall appoint a commissioner for each health |
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and human services agency. |
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(b) A health and human services agency commissioner serves |
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at the executive commissioner's pleasure. (Gov. Code, Secs. |
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531.0055(a) (part), 531.0056(a), (b).) |
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Sec. 524.0052. EVALUATION OF AGENCY COMMISSIONER. Based on |
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the performance objectives outlined in the memorandum of |
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understanding entered into under Section 524.0101(a), the |
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executive commissioner shall perform an employment evaluation of |
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each health and human services agency commissioner. The executive |
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commissioner shall submit the evaluation to the governor not later |
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than January 1 of each even-numbered year. (Gov. Code, Secs. |
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531.0055(a) (part), 531.0056(c) (part), (e), (f).) |
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SUBCHAPTER C. MEMORANDUM OF UNDERSTANDING FOR OPERATION OF SYSTEM |
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Sec. 524.0101. MEMORANDUM OF UNDERSTANDING BETWEEN |
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EXECUTIVE COMMISSIONER AND HEALTH AND HUMAN SERVICES AGENCY |
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COMMISSIONER. (a) The executive commissioner and each health and |
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human services agency commissioner shall enter into a memorandum of |
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understanding in the manner prescribed by Section 524.0102 that: |
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(1) clearly defines the responsibilities of the |
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executive commissioner and the commissioner, including: |
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(A) the responsibility of the commissioner to: |
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(i) report to the governor; and |
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(ii) report to and implement policies of |
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the executive commissioner; and |
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(B) the extent to which the commissioner acts as |
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a liaison between the health and human services agency the |
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commissioner serves and the commission; |
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(2) establishes the program to evaluate and supervise |
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daily operations required by Section 524.0004; |
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(3) describes each power or duty delegated to a |
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commissioner; and |
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(4) ensures the commission and each health and human |
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services agency has access to databases or other information each |
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other agency maintains or keeps that is necessary for the operation |
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of a function the commission or the health and human services agency |
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performs, to the extent not prohibited by other law. |
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(b) The memorandum of understanding must also outline |
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specific performance objectives, as the executive commissioner |
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defines, to be fulfilled by the health and human services agency |
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commissioner with whom the executive commissioner enters into the |
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memorandum of understanding, including the performance objectives |
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required by Section 524.0004. (Gov. Code, Secs. 531.0055(a) |
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(part), (k), 531.0056(c), (d).) |
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Sec. 524.0102. ADOPTION AND AMENDMENT OF MEMORANDUM OF |
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UNDERSTANDING. (a) The executive commissioner by rule shall adopt |
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the memorandum of understanding under Section 524.0101 in |
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accordance with the procedures prescribed by Subchapter B, Chapter |
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2001, for adopting rules, except that the requirements of Sections |
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2001.033(a)(1)(A) and (C) do not apply with respect to any part of |
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the memorandum of understanding that: |
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(1) concerns only internal management or organization |
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within or among health and human services agencies and does not |
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affect private rights or procedures; or |
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(2) relates solely to the internal personnel practices |
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of health and human services agencies. |
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(b) The memorandum of understanding may be amended only by |
|
following the procedures prescribed by Subsection (a). (Gov. Code, |
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Sec. 531.0163.) |
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SUBCHAPTER D. RULES AND POLICIES FOR HEALTH AND HUMAN SERVICES |
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Sec. 524.0151. AUTHORITY TO ADOPT RULES AND POLICIES. (a) |
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The executive commissioner shall: |
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(1) adopt rules necessary to carry out the |
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commission's duties under Chapter 531 and revised provisions |
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derived from Chapter 531, as that chapter existed on March 31, 2025; |
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and |
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(2) notwithstanding any other law, adopt rules and |
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policies for the operation of the health and human services system |
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and the provision of health and human services by that system. |
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(b) Notwithstanding any other law, the executive |
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commissioner has the authority to adopt rules and policies |
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governing: |
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(1) the delivery of services to persons the health and |
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human services system serves; and |
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(2) the rights and duties of persons the system serves |
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or regulates. (Gov. Code, Secs. 531.0055(e) (part), (l), 531.033.) |
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Sec. 524.0152. PROCEDURES FOR ADOPTING RULES AND POLICIES. |
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(a) The executive commissioner shall develop procedures for |
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adopting rules for the health and human services agencies. The |
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procedures must specify the manner in which the agencies may |
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participate in the rulemaking process. |
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(b) A health and human services agency shall assist the |
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executive commissioner in developing policies and guidelines |
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needed for the administration of the agency's functions and shall |
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submit any proposed policies and guidelines to the executive |
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commissioner. The agency may implement a proposed policy or |
|
guideline only if the executive commissioner approves the policy or |
|
guideline. (Gov. Code, Sec. 531.00551.) |
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Sec. 524.0153. POLICY FOR NEGOTIATED RULEMAKING AND |
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ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The commission |
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shall develop and implement a policy for the commission and each |
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health and human services agency to encourage the use of: |
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(1) negotiated rulemaking procedures under Chapter |
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2008 for the adoption of rules for the commission and each agency; |
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and |
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(2) appropriate alternative dispute resolution |
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procedures under Chapter 2009 to assist in the resolution of |
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internal and external disputes under the commission's or agency's |
|
jurisdiction. |
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(b) The procedures relating to alternative dispute |
|
resolution must conform, to the extent possible, to any model |
|
guidelines the State Office of Administrative Hearings issues for |
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the use of alternative dispute resolution by state agencies. |
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(c) The commission shall: |
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(1) coordinate the implementation of the policy |
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developed under Subsection (a); |
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(2) provide training as needed to implement the |
|
procedures for negotiated rulemaking or alternative dispute |
|
resolution; and |
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(3) collect data concerning the effectiveness of those |
|
procedures. (Gov. Code, Sec. 531.0161.) |
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Sec. 524.0154. PERSON FIRST RESPECTFUL LANGUAGE PROMOTION. |
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The executive commissioner shall ensure that the commission and |
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each health and human services agency use the terms and phrases |
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listed as preferred under the person first respectful language |
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initiative in Chapter 392 when proposing, adopting, or amending the |
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commission's or agency's rules, reference materials, publications, |
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or electronic media. (Gov. Code, Sec. 531.0227.) |
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SUBCHAPTER E. ADMINISTRATIVE SUPPORT SERVICES |
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Sec. 524.0201. DEFINITION. In this subchapter, |
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"administrative support services" includes strategic planning and |
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evaluation, audit, legal, human resources, information resources, |
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purchasing, contracting, financial management, and accounting |
|
services. (Gov. Code, Sec. 531.00553(a).) |
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Sec. 524.0202. CENTRALIZED SYSTEM OF ADMINISTRATIVE |
|
SUPPORT SERVICES. (a) Subject to Section 524.0203(a), the |
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executive commissioner shall plan and implement an efficient and |
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effective centralized system of administrative support services |
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for: |
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(1) the health and human services system; and |
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(2) the Department of Family and Protective Services. |
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(b) The commission is responsible for the performance of |
|
administrative support services for the health and human services |
|
system. The executive commissioner shall adopt rules to implement |
|
the executive commissioner's authority under this section with |
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respect to that system. (Gov. Code, Secs. 531.0055(d) (part), (j), |
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531.00553(b).) |
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Sec. 524.0203. PRINCIPLES FOR AND REQUIREMENTS OF |
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CENTRALIZED SYSTEM; MEMORANDUM OF UNDERSTANDING. (a) The |
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executive commissioner shall plan and implement the centralized |
|
system of administrative support services in accordance with the |
|
following principles and requirements: |
|
(1) the executive commissioner shall consult with the |
|
commissioner of each agency and the director of each division |
|
within the health and human services system to ensure the |
|
commission is responsive to and addresses agency or division needs; |
|
(2) consolidation of staff providing the support |
|
services must be done in a manner that ensures each agency or |
|
division within the health and human services system that loses |
|
staff as a result of the centralization of support services has |
|
adequate resources to carry out functions of the agency or |
|
division, as appropriate; and |
|
(3) the commission and each agency or division within |
|
the health and human services system shall, as appropriate, enter |
|
into a memorandum of understanding or other written agreement to |
|
ensure accountability for the provision of support services by |
|
clearly detailing: |
|
(A) the responsibilities of each agency or |
|
division and the commission; |
|
(B) the points of contact for each agency or |
|
division and the commission; |
|
(C) the transfer of personnel among each agency |
|
or division and the commission; |
|
(D) the agreement's budgetary effect on each |
|
agency or division and the commission; and |
|
(E) any other item the executive commissioner |
|
determines is critical for maintaining accountability. |
|
(b) A memorandum of understanding or other written |
|
agreement entered into under Subsection (a)(3) may be combined with |
|
the memorandum of understanding required under Section |
|
524.0101(a), if appropriate. (Gov. Code, Secs. 531.00553(c), |
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(d).) |
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SUBCHAPTER F. LEGISLATIVE OVERSIGHT |
|
Sec. 524.0251. OVERSIGHT BY LEGISLATIVE COMMITTEES. The |
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standing or other committees of the house of representatives and |
|
the senate that have jurisdiction over the commission and other |
|
agencies relating to implementation of Chapter 531 and revised |
|
provisions derived from Chapter 531, as that chapter existed on |
|
March 31, 2025, as identified by the speaker of the house of |
|
representatives and the lieutenant governor, shall: |
|
(1) to ensure implementation consistent with law, |
|
monitor the commission's: |
|
(A) implementation of Subchapter A, Sections |
|
524.0101(a), 524.0151(a)(2) and (b), and 525.0254(b), and Section |
|
524.0202 with respect to the health and human services system; and |
|
(B) other duties in consolidating and |
|
integrating health and human services; |
|
(2) recommend any needed adjustments to the |
|
implementation of the provisions listed in Subdivision (1)(A) and |
|
the commission's other duties in consolidating and integrating |
|
health and human services; and |
|
(3) review the commission's rulemaking process, |
|
including the commission's plan for obtaining public input. |
|
(Gov. Code, Sec. 531.171(a).) |
|
Sec. 524.0252. INFORMATION PROVIDED TO LEGISLATIVE |
|
COMMITTEES. The commission shall provide the committees described |
|
by Section 524.0251 with copies of all required reports and |
|
proposed rules. Copies of the proposed rules must be provided to |
|
the committees before the rules are published in the Texas |
|
Register. At the request of a committee or the executive |
|
commissioner, a health and human services agency shall: |
|
(1) provide other information to the committee, |
|
including information relating to the health and human services |
|
system; and |
|
(2) report on agency progress in implementing |
|
statutory directives the committee identifies and the commission's directives. (Gov. Code, Sec. 531.171(b).) |
|
|
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CHAPTER 525. GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE |
|
COMMISSIONER |
|
SUBCHAPTER A. HEALTH AND HUMAN SERVICES ADMINISTRATION GENERALLY |
|
Sec. 525.0001. POWERS AND DUTIES RELATING TO HEALTH |
|
AND HUMAN SERVICES ADMINISTRATION |
|
Sec. 525.0002. LOCATION OF AND CONSOLIDATION OF |
|
CERTAIN SERVICES AMONG HEALTH AND |
|
HUMAN SERVICES AGENCIES |
|
Sec. 525.0003. CONSOLIDATED INTERNAL AUDIT PROGRAM |
|
Sec. 525.0004. INTERAGENCY DISPUTE ARBITRATION |
|
SUBCHAPTER B. ACCOUNTING AND FISCAL PROVISIONS |
|
Sec. 525.0051. MANAGEMENT INFORMATION AND COST |
|
ACCOUNTING SYSTEMS |
|
Sec. 525.0052. FEDERAL FUNDS: PLANNING AND MANAGEMENT; |
|
ANNUAL REPORT |
|
Sec. 525.0053. AUTHORITY TO TRANSFER CERTAIN |
|
APPROPRIATED AMOUNTS AMONG HEALTH AND |
|
HUMAN SERVICES AGENCIES |
|
Sec. 525.0054. EFFICIENCY AUDIT OF CERTAIN ASSISTANCE |
|
PROGRAMS |
|
Sec. 525.0055. GIFTS AND GRANTS |
|
SUBCHAPTER C. CONTRACTS |
|
Sec. 525.0101. GENERAL CONTRACT AUTHORITY |
|
Sec. 525.0102. SUBROGATION AND THIRD-PARTY |
|
REIMBURSEMENT CONTRACTS |
|
SUBCHAPTER D. PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES |
|
Sec. 525.0151. PLANNING AND DELIVERY OF HEALTH AND |
|
HUMAN SERVICES GENERALLY |
|
Sec. 525.0152. PLANNING AND POLICY DIRECTION OF |
|
TEMPORARY ASSISTANCE FOR NEEDY |
|
FAMILIES PROGRAM |
|
Sec. 525.0153. ANNUAL BUSINESS SERVICES PLANS |
|
Sec. 525.0154. COORDINATED STRATEGIC PLAN AND BIENNIAL |
|
PLAN UPDATES FOR HEALTH AND HUMAN |
|
SERVICES |
|
Sec. 525.0155. COORDINATION WITH LOCAL GOVERNMENTAL |
|
ENTITIES |
|
Sec. 525.0156. SUBMISSION AND REVIEW OF AGENCY |
|
STRATEGIC PLANS AND BIENNIAL PLAN |
|
UPDATES |
|
Sec. 525.0157. STATEWIDE NEEDS APPRAISAL PROJECT |
|
Sec. 525.0158. STREAMLINING SERVICE DELIVERY |
|
Sec. 525.0159. HOTLINE AND CALL CENTER COORDINATION |
|
Sec. 525.0160. COMMUNITY-BASED SUPPORT SYSTEMS |
|
SUBCHAPTER E. HEALTH INFORMATION EXCHANGE SYSTEM |
|
Sec. 525.0201. DEFINITIONS |
|
Sec. 525.0202. HEALTH INFORMATION EXCHANGE SYSTEM |
|
DEVELOPMENT |
|
Sec. 525.0203. HEALTH INFORMATION EXCHANGE SYSTEM |
|
IMPLEMENTATION IN STAGES |
|
Sec. 525.0204. HEALTH INFORMATION EXCHANGE SYSTEM |
|
STAGE ONE: ENCOUNTER DATA |
|
Sec. 525.0205. HEALTH INFORMATION EXCHANGE SYSTEM |
|
STAGE ONE: ELECTRONIC PRESCRIBING |
|
Sec. 525.0206. HEALTH INFORMATION EXCHANGE SYSTEM |
|
STAGE TWO: EXPANSION |
|
Sec. 525.0207. HEALTH INFORMATION EXCHANGE SYSTEM |
|
STAGE THREE: EXPANSION |
|
Sec. 525.0208. STRATEGIES TO ENCOURAGE HEALTH |
|
INFORMATION EXCHANGE SYSTEM USE |
|
Sec. 525.0209. RULES |
|
SUBCHAPTER F. INFORMATION RESOURCES AND TECHNOLOGY |
|
Sec. 525.0251. INFORMATION RESOURCES STRATEGIC |
|
PLANNING AND MANAGEMENT |
|
Sec. 525.0252. TECHNOLOGICAL SOLUTIONS POLICIES |
|
Sec. 525.0253. TECHNOLOGY USE FOR ADULT PROTECTIVE |
|
SERVICES PROGRAM |
|
Sec. 525.0254. ELECTRONIC SIGNATURES |
|
Sec. 525.0255. HEALTH AND HUMAN SERVICES SYSTEM |
|
INTERNET WEBSITES |
|
Sec. 525.0256. AUTOMATION STANDARDS FOR DATA SHARING |
|
Sec. 525.0257. ELECTRONIC EXCHANGE OF HEALTH |
|
INFORMATION; BIENNIAL REPORT |
|
SUBCHAPTER G. STUDIES, REPORTS, AND PUBLICATIONS |
|
Sec. 525.0301. BIENNIAL REFERENCE GUIDE |
|
Sec. 525.0302. CONSOLIDATION OF REPORTS |
|
Sec. 525.0303. ANNUAL REPORT ON SAFEGUARDING PROTECTED |
|
HEALTH INFORMATION |
|
CHAPTER 525. GENERAL POWERS AND DUTIES OF COMMISSION AND EXECUTIVE |
|
COMMISSIONER |
|
SUBCHAPTER A. HEALTH AND HUMAN SERVICES ADMINISTRATION GENERALLY |
|
Sec. 525.0001. POWERS AND DUTIES RELATING TO HEALTH AND |
|
HUMAN SERVICES ADMINISTRATION. The commission and the executive |
|
commissioner have all the powers and duties necessary to administer |
|
Chapter 531 and revised provisions derived from Chapter 531, as |
|
that chapter existed March 31, 2025. (Gov. Code, Sec. 531.041.) |
|
Sec. 525.0002. LOCATION OF AND CONSOLIDATION OF CERTAIN |
|
SERVICES AMONG HEALTH AND HUMAN SERVICES AGENCIES. (a) The |
|
commission may require a health and human services agency, under |
|
the commission's direction, to: |
|
(1) ensure that the agency's location is accessible |
|
to: |
|
(A) employees with disabilities; and |
|
(B) agency clients with disabilities; and |
|
(2) consolidate agency support services, including |
|
clerical, administrative, and information resources support |
|
services, with support services provided to or by another health |
|
and human services agency. |
|
(b) The executive commissioner may require a health and |
|
human services agency, under the executive commissioner's |
|
direction, to locate all or a portion of the agency's employees and |
|
programs: |
|
(1) in the same building as another health and human |
|
services agency; or |
|
(2) at a location near or adjacent to another health |
|
and human services agency's location. (Gov. Code, Sec. 531.0246.) |
|
Sec. 525.0003. CONSOLIDATED INTERNAL AUDIT PROGRAM. (a) |
|
Notwithstanding Section 2102.005, the commission shall operate the |
|
internal audit program required under Chapter 2102 for the |
|
commission and each health and human services agency as a |
|
consolidated internal audit program. |
|
(b) For purposes of this section, a reference in Chapter |
|
2102 to the administrator of a state agency with respect to a health |
|
and human services agency means the executive commissioner. (Gov. |
|
Code, Sec. 531.00552.) |
|
Sec. 525.0004. INTERAGENCY DISPUTE ARBITRATION. The |
|
executive commissioner shall arbitrate and render the final |
|
decision on interagency disputes. (Gov. Code, Sec. 531.035.) |
|
SUBCHAPTER B. ACCOUNTING AND FISCAL PROVISIONS |
|
Sec. 525.0051. MANAGEMENT INFORMATION AND COST ACCOUNTING |
|
SYSTEMS. The executive commissioner shall establish a management |
|
information system and a cost accounting system for all health and |
|
human services that is compatible with and meets the requirements |
|
of the uniform statewide accounting project. (Gov. Code, Sec. |
|
531.031.) |
|
Sec. 525.0052. FEDERAL FUNDS: PLANNING AND MANAGEMENT; |
|
ANNUAL REPORT. (a) The commission, subject to the General |
|
Appropriations Act, is responsible for planning for and managing |
|
the use of federal funds in a manner that maximizes the federal |
|
funding available to this state while promoting the delivery of |
|
services. |
|
(b) The executive commissioner shall: |
|
(1) establish a federal money management system to |
|
coordinate and monitor the use of federal money health and human |
|
services agencies receive to ensure that the money is spent in the |
|
most efficient manner; |
|
(2) establish priorities for health and human services |
|
agencies' use of federal money in coordination with the coordinated |
|
strategic plan the executive commissioner develops under Section |
|
525.0154; |
|
(3) coordinate and monitor the use of federal money |
|
for health and human services to ensure that the money is spent in |
|
the most cost-effective manner throughout the health and human |
|
services system; |
|
(4) review and approve all federal funding plans for |
|
health and human services in this state; |
|
(5) estimate available federal money, including |
|
earned federal money, and monitor unspent money; |
|
(6) ensure that the state meets federal requirements |
|
relating to receipt of federal money for health and human services, |
|
including requirements relating to state matching money and |
|
maintenance of effort; |
|
(7) transfer appropriated amounts as described by |
|
Section 525.0053; and |
|
(8) ensure that each governmental entity the executive |
|
commissioner identifies under Section 525.0155 has access to |
|
complete and timely information about all sources of federal money |
|
for health and human services programs and that technical |
|
assistance is available to governmental entities seeking grants of |
|
federal money to provide health and human services. |
|
(c) The commission shall prepare an annual report regarding |
|
the results of implementing this section. The report must identify |
|
strategies to: |
|
(1) maximize the receipt and use of federal funds; and |
|
(2) improve federal funds management. |
|
(d) Not later than December 15 of each year, the commission |
|
shall file the report the commission prepares under Subsection (c) |
|
with the governor, the lieutenant governor, and the speaker of the |
|
house of representatives. (Gov. Code, Sec. 531.028.) |
|
Sec. 525.0053. AUTHORITY TO TRANSFER CERTAIN APPROPRIATED |
|
AMOUNTS AMONG HEALTH AND HUMAN SERVICES AGENCIES. The commission |
|
may, subject to the General Appropriations Act, transfer amounts |
|
appropriated to health and human services agencies among the |
|
agencies to: |
|
(1) enhance the receipt of federal money under the |
|
federal money management system the executive commissioner |
|
establishes under Section 525.0052; |
|
(2) achieve efficiencies in the agencies' |
|
administrative support functions; and |
|
(3) perform the functions assigned to the executive |
|
commissioner under: |
|
(A) Subchapter A, Chapter 524; and |
|
(B) Sections 524.0101, 524.0151, 524.0202, and |
|
525.0254. (Gov. Code, Sec. 531.0271.) |
|
Sec. 525.0054. EFFICIENCY AUDIT OF CERTAIN ASSISTANCE |
|
PROGRAMS. (a) For purposes of this section, "efficiency audit" |
|
means an investigation of the implementation and administration of |
|
the federal Temporary Assistance for Needy Families program |
|
operated under Chapter 31, Human Resources Code, and the state |
|
temporary assistance and support services program operated under |
|
Chapter 34, Human Resources Code, to examine fiscal management, the |
|
efficiency of the use of resources, and the effectiveness of state |
|
efforts in achieving the goals of the Temporary Assistance for |
|
Needy Families program described under 42 U.S.C. Section 601(a). |
|
(b) In 2022 and every sixth year after that year, an |
|
external auditor selected under Subsection (c) shall conduct an |
|
efficiency audit. The commission shall pay the costs associated |
|
with the audit using existing resources. |
|
(c) The state auditor shall: |
|
(1) not later than March 1 of the year in which an |
|
efficiency audit is required under this section, select an external |
|
auditor to conduct the audit; and |
|
(2) ensure that the external auditor conducts the |
|
audit in accordance with this section. |
|
(d) The external auditor shall be independent and not |
|
subject to direction from: |
|
(1) the commission; or |
|
(2) any other state agency that: |
|
(A) is subject to evaluation by the auditor for |
|
purposes of this section; or |
|
(B) receives or spends money under the programs |
|
described by Subsection (a). |
|
(e) The external auditor shall complete the efficiency |
|
audit not later than the 90th day after the date the state auditor |
|
selects the external auditor. |
|
(f) The Legislative Budget Board shall establish the scope |
|
of the efficiency audit and determine the areas of investigation |
|
for the audit, including: |
|
(1) reviewing the resources dedicated to a program |
|
described by Subsection (a) to determine whether those resources: |
|
(A) are used effectively and efficiently to |
|
achieve desired outcomes for individuals receiving benefits under |
|
the program; and |
|
(B) are not used for purposes other than the |
|
intended goals of the program; |
|
(2) identifying cost savings or reallocations of |
|
resources; and |
|
(3) identifying opportunities to improve services |
|
through consolidation of essential functions, outsourcing, and |
|
elimination of duplicative efforts. |
|
(g) Not later than November 1 of the year an efficiency |
|
audit is conducted, the external auditor shall prepare and submit a |
|
report of the audit and recommendations for efficiency improvements |
|
to: |
|
(1) the governor; |
|
(2) the Legislative Budget Board; |
|
(3) the state auditor; |
|
(4) the executive commissioner; and |
|
(5) the chairs of the House Human Services Committee |
|
and the Senate Health and Human Services Committee. |
|
(h) The executive commissioner and the state auditor shall |
|
publish the report, recommendations, and full efficiency audit on |
|
the commission's and the state auditor's Internet websites. (Gov. |
|
Code, Sec. 531.005522.) |
|
Sec. 525.0055. GIFTS AND GRANTS. The commission may accept |
|
a gift or grant from a public or private source to perform any of the |
|
commission's powers or duties. (Gov. Code, Sec. 531.038.) |
|
SUBCHAPTER C. CONTRACTS |
|
Sec. 525.0101. GENERAL CONTRACT AUTHORITY. The commission |
|
may enter into contracts as necessary to perform any of the |
|
commission's powers or duties. (Gov. Code, Sec. 531.039.) |
|
Sec. 525.0102. SUBROGATION AND THIRD-PARTY REIMBURSEMENT |
|
CONTRACTS. (a) Except as provided by Subsection (d), the |
|
commission shall enter into a contract under which the contractor |
|
is authorized on behalf of the commission or a health and human |
|
services agency to recover money under a subrogation or third-party |
|
reimbursement right the commission or agency holds that arises from |
|
payment of medical expenses. The contract must provide that: |
|
(1) the commission or agency, as appropriate, shall |
|
compensate the contractor based on a percentage of the amount of |
|
money the contractor recovers for the commission or agency; and |
|
(2) the contractor may represent the commission or |
|
agency in a court proceeding to recover money under a subrogation or |
|
third-party reimbursement right if: |
|
(A) the attorney required by other law to |
|
represent the commission or agency in court approves; and |
|
(B) the representation is cost-effective and |
|
specifically authorized by the commission. |
|
(b) The commission shall develop a process to: |
|
(1) identify claims for the recovery of money under a |
|
subrogation or third-party reimbursement right described by this |
|
section; and |
|
(2) refer the identified claims to a contractor |
|
authorized under this section. |
|
(c) A health and human services agency shall cooperate with |
|
a contractor authorized under this section on a claim the agency |
|
refers to the contractor for recovery. |
|
(d) If the commission cannot identify a contractor who is |
|
willing to contract with the commission under this section on |
|
reasonable terms, the commission: |
|
(1) is not required to enter into a contract under |
|
Subsection (a); and |
|
(2) shall develop and implement alternative policies |
|
to ensure the recovery of money under a subrogation or third-party |
|
reimbursement right. |
|
(e) The commission may allow a state agency other than a |
|
health and human services agency to be a party to the contract |
|
required by Subsection (a). If the commission allows an additional |
|
state agency to be a party to the contract, the commission shall |
|
modify the contract as necessary to reflect the services the |
|
contractor is to provide to that agency. (Gov. Code, Sec. |
|
531.0391.) |
|
SUBCHAPTER D. PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES |
|
Sec. 525.0151. PLANNING AND DELIVERY OF HEALTH AND HUMAN |
|
SERVICES GENERALLY. The executive commissioner shall: |
|
(1) facilitate and enforce coordinated planning and |
|
delivery of health and human services, including: |
|
(A) compliance with the coordinated strategic |
|
plan; |
|
(B) colocation of services; |
|
(C) integrated intake; and |
|
(D) coordinated referral and case management; |
|
(2) establish and enforce uniform regional boundaries |
|
for all health and human services agencies; |
|
(3) carry out statewide health and human services |
|
needs surveys and forecasting; |
|
(4) perform independent special-outcome evaluations |
|
of health and human services programs and activities; and |
|
(5) on request of a governmental entity the executive |
|
commissioner identifies under Section 525.0155, assist the entity |
|
in implementing a coordinated plan that: |
|
(A) may include colocation of services, |
|
integrated intake, and coordinated referral and case management; |
|
and |
|
(B) is tailored to the entity's needs and |
|
priorities. (Gov. Code, Sec. 531.024(a) (part).) |
|
Sec. 525.0152. PLANNING AND POLICY DIRECTION OF TEMPORARY |
|
ASSISTANCE FOR NEEDY FAMILIES PROGRAM. (a) In this section, |
|
"financial assistance program" means the financial assistance |
|
program operated under Chapter 31, Human Resources Code. |
|
(b) The commission shall: |
|
(1) plan and direct the financial assistance program, |
|
including the procurement, management, and monitoring of contracts |
|
necessary to implement the program; and |
|
(2) establish requirements for and define the scope of |
|
the ongoing evaluation of the financial assistance program. |
|
(c) The executive commissioner shall adopt rules and |
|
standards governing the financial assistance program. (Gov. Code, |
|
Sec. 531.0224; New.) |
|
Sec. 525.0153. ANNUAL BUSINESS SERVICES PLANS. The |
|
commission shall develop and implement an annual business services |
|
plan for each health and human services region that: |
|
(1) establishes performance objectives for all health |
|
and human services agencies providing services in the region; and |
|
(2) measures agency effectiveness and efficiency in |
|
achieving those objectives. (Gov. Code, Sec. 531.0247.) |
|
Sec. 525.0154. COORDINATED STRATEGIC PLAN AND BIENNIAL PLAN |
|
UPDATES FOR HEALTH AND HUMAN SERVICES. (a) The executive |
|
commissioner shall: |
|
(1) develop a coordinated, six-year strategic plan for |
|
health and human services in this state; and |
|
(2) submit a biennial update of the plan to the |
|
governor, the lieutenant governor, and the speaker of the house of |
|
representatives not later than October 1 of each even-numbered |
|
year. |
|
(b) The coordinated strategic plan must include the |
|
following goals: |
|
(1) developing a comprehensive, statewide approach to |
|
the planning of health and human services; |
|
(2) creating a continuum of care for families and |
|
individuals in need of health and human services; |
|
(3) integrating health and human services to provide |
|
for the efficient and timely delivery of those services; |
|
(4) maximizing existing resources through effective |
|
funds management and the sharing of administrative functions; |
|
(5) effectively using management information systems |
|
to continually improve service delivery; |
|
(6) providing systemwide accountability through |
|
effective monitoring mechanisms; |
|
(7) promoting teamwork among the health and human |
|
services agencies and providing incentives for creativity; |
|
(8) fostering innovation at the local level; and |
|
(9) encouraging full participation of fathers in |
|
programs and services relating to children. |
|
(c) In developing the coordinated strategic plan and plan |
|
updates under this section, the executive commissioner shall |
|
consider: |
|
(1) existing strategic plans of health and human |
|
services agencies; |
|
(2) health and human services priorities and plans |
|
governmental entities submit under Section 525.0155; |
|
(3) facilitation of pending reorganizations or |
|
consolidations of health and human services agencies and programs; |
|
(4) public comment, including comment documented |
|
through public hearings conducted under Section 523.0252; and |
|
(5) budgetary issues, including projected agency |
|
needs and projected availability of funds. (Gov. Code, Secs. |
|
531.022(a), (b), (c), (d).) |
|
Sec. 525.0155. COORDINATION WITH LOCAL GOVERNMENTAL |
|
ENTITIES. The executive commissioner shall: |
|
(1) identify the governmental entities that |
|
coordinate the delivery of health and human services in regions, |
|
counties, and municipalities; and |
|
(2) request that each identified governmental entity: |
|
(A) identify the health and human services |
|
priorities in the entity's jurisdiction and the most effective ways |
|
to deliver and coordinate services in that jurisdiction; |
|
(B) develop a coordinated plan for delivering |
|
health and human services in the jurisdiction, including transition |
|
services that prepare special education students for adulthood; and |
|
(C) make available to the commission the |
|
information requested under Paragraphs (A) and (B). (Gov. Code, |
|
Sec. 531.022(e).) |
|
Sec. 525.0156. SUBMISSION AND REVIEW OF AGENCY STRATEGIC |
|
PLANS AND BIENNIAL PLAN UPDATES. (a) Each health and human |
|
services agency shall submit to the commission a strategic plan and |
|
biennial updates of the plan on a date determined by commission |
|
rule. |
|
(b) The commission shall: |
|
(1) review and comment on each strategic plan and |
|
biennial update a health and human services agency submits to the |
|
commission under this section; and |
|
(2) not later than January 1 of each even-numbered |
|
year, begin formal discussions with each health and human services |
|
agency regarding that agency's strategic plan or biennial update, |
|
as appropriate. (Gov. Code, Sec. 531.023.) |
|
Sec. 525.0157. STATEWIDE NEEDS APPRAISAL PROJECT. (a) The |
|
commission may implement the Statewide Needs Appraisal Project to |
|
obtain county-specific demographic data concerning health and |
|
human services needs in this state. |
|
(b) Any collected data must be made available for use in |
|
planning and budgeting for health and human services programs by |
|
state agencies. |
|
(c) The commission shall coordinate the commission's |
|
activities with the appropriate health and human services agencies. |
|
(Gov. Code, Sec. 531.025.) |
|
Sec. 525.0158. STREAMLINING SERVICE DELIVERY. To integrate |
|
and streamline service delivery and facilitate access to services, |
|
the executive commissioner may: |
|
(1) request a health and human services agency to take |
|
a specific action; and |
|
(2) recommend the manner for accomplishing the |
|
streamlining, including requesting each agency to: |
|
(A) simplify or automate agency procedures; |
|
(B) coordinate service planning and management |
|
tasks between and among health and human services agencies; |
|
(C) reallocate staff resources; |
|
(D) waive existing rules; or |
|
(E) take other necessary actions. (Gov. Code, |
|
Sec. 531.0241.) |
|
Sec. 525.0159. HOTLINE AND CALL CENTER COORDINATION. (a) |
|
The commission shall establish a process to ensure all health and |
|
human services system hotlines and call centers are necessary and |
|
appropriate. Under the process, the commission shall: |
|
(1) develop criteria for use in assessing whether a |
|
hotline or call center serves an ongoing purpose; |
|
(2) develop and maintain an inventory of all system |
|
hotlines and call centers; |
|
(3) use the inventory and assessment criteria the |
|
commission develops under this subsection to periodically |
|
consolidate hotlines and call centers along appropriate functional |
|
lines; |
|
(4) develop an approval process designed to ensure |
|
that a newly established hotline or call center, including the |
|
telephone system and contract terms for the hotline or call center, |
|
meets policies and standards the commission establishes; and |
|
(5) develop policies and standards for hotlines and |
|
call centers that: |
|
(A) include quality and quantity performance |
|
measures and benchmarks; and |
|
(B) may include policies and standards for: |
|
(i) client satisfaction with call |
|
resolution; |
|
(ii) accuracy of information provided; |
|
(iii) the percentage of received calls that |
|
are answered; |
|
(iv) the amount of time a caller spends on |
|
hold; and |
|
(v) call abandonment rates. |
|
(b) In consolidating hotlines and call centers under |
|
Subsection (a)(3), the commission shall seek to maximize the use |
|
and effectiveness of the commission's 2-1-1 telephone number. |
|
(c) In developing policies and standards under Subsection |
|
(a)(5), the commission may allow varied performance measures and |
|
benchmarks for a hotline or call center based on factors affecting |
|
the capacity of the hotline or call center, including factors such |
|
as staffing levels and funding. (Gov. Code, Sec. 531.0192.) |
|
Sec. 525.0160. COMMUNITY-BASED SUPPORT SYSTEMS. (a) |
|
Subject to Sections 524.0001(c) and (d) and 524.0202(a)(1), the |
|
commission shall assist communities in this state in developing |
|
comprehensive, community-based support systems for health and |
|
human services. At a community's request, the commission shall |
|
provide to the community resources and assistance to enable the |
|
community to: |
|
(1) identify and overcome institutional barriers to |
|
developing more comprehensive community support systems, including |
|
barriers resulting from the policies and procedures of state health |
|
and human services agencies; and |
|
(2) develop a system of blended funds to allow the |
|
community to customize services to fit individual community needs. |
|
(b) At the commission's request, a health and human services |
|
agency shall provide to a community resources and assistance as |
|
necessary to perform the commission's duties under Subsection (a). |
|
(c) A health and human services agency that receives or |
|
develops a proposal for a community initiative shall submit the |
|
proposal to the commission for review and approval. The commission |
|
shall review the proposal to ensure that the proposed initiative: |
|
(1) is consistent with other similar programs offered |
|
in communities; and |
|
(2) does not duplicate other services provided in the |
|
community. |
|
(d) In implementing this section, the commission shall |
|
consider models used in other service delivery systems, including |
|
the mental health and intellectual disability service delivery |
|
systems. (Gov. Code, Sec. 531.0248.) |
|
SUBCHAPTER E. HEALTH INFORMATION EXCHANGE SYSTEM |
|
Sec. 525.0201. DEFINITIONS. In this subchapter: |
|
(1) "Electronic health record" means an electronic |
|
record of an individual's aggregated health-related information |
|
that conforms to nationally recognized interoperability standards |
|
and that can be created, managed, and consulted by authorized |
|
health care providers across two or more health care organizations. |
|
(2) "Electronic medical record" means an electronic |
|
record of an individual's health-related information that can be |
|
created, gathered, managed, and consulted by authorized clinicians |
|
and staff within a single health care organization. |
|
(3) "Health information exchange system" means an |
|
electronic health information exchange system created under this |
|
subchapter that moves health-related information among entities |
|
according to nationally recognized standards. (Gov. Code, Secs. |
|
531.901(1), (2), (3).) |
|
Sec. 525.0202. HEALTH INFORMATION EXCHANGE SYSTEM |
|
DEVELOPMENT. (a) The commission shall develop an electronic |
|
health information exchange system to improve the quality, safety, |
|
and efficiency of health care services provided under Medicaid and |
|
the child health plan program. In developing the system, the |
|
commission shall ensure that: |
|
(1) the confidentiality of patients' health |
|
information is protected and patient privacy is maintained in |
|
accordance with federal and state law, including: |
|
(A) Section 1902(a)(7), Social Security Act (42 |
|
U.S.C. Section 1396a(a)(7)); |
|
(B) the Health Insurance Portability and |
|
Accountability Act of 1996 (Pub. L. No. 104-191); |
|
(C) Chapter 552; |
|
(D) Subchapter G, Chapter 241, Health and Safety |
|
Code; |
|
(E) Section 12.003, Human Resources Code; and |
|
(F) federal and state rules, including: |
|
(i) 42 C.F.R. Part 431, Subpart F; and |
|
(ii) 45 C.F.R. Part 164; |
|
(2) appropriate information technology systems the |
|
commission and health and human services agencies use are |
|
interoperable; |
|
(3) the system and external information technology |
|
systems are interoperable in receiving and exchanging appropriate |
|
electronic health information as necessary to enhance: |
|
(A) the comprehensive nature of information |
|
contained in electronic health records; and |
|
(B) health care provider efficiency by |
|
supporting integration of the information into the electronic |
|
health record health care providers use; |
|
(4) the system and other health information systems |
|
not described by Subdivision (3) and data warehousing initiatives |
|
are interoperable; and |
|
(5) the system includes the elements described by |
|
Subsection (b). |
|
(b) The health information exchange system must include the |
|
following elements: |
|
(1) an authentication process that uses multiple forms |
|
of identity verification before allowing access to information |
|
systems and data; |
|
(2) a formal process for establishing data-sharing |
|
agreements within the community of participating providers in |
|
accordance with the Health Insurance Portability and |
|
Accountability Act of 1996 (Pub. L. No. 104-191) and the American |
|
Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5); |
|
(3) a method by which the commission may open or |
|
restrict access to the system during a declared state emergency; |
|
(4) the capability of appropriately and securely |
|
sharing health information with state and federal emergency |
|
responders; |
|
(5) compatibility with the Nationwide Health |
|
Information Network (NHIN) and other national health information |
|
technology initiatives coordinated by the Office of the National |
|
Coordinator for Health Information Technology; |
|
(6) technology that allows for patient identification |
|
across multiple systems; and |
|
(7) the capability of allowing a health care provider |
|
with technology that meets current national standards to access the |
|
system. |
|
(c) The health information exchange system must be |
|
developed in accordance with the Medicaid Information Technology |
|
Architecture (MITA) initiative of the Centers for Medicare and |
|
Medicaid Services and conform to other standards required under |
|
federal law. (Gov. Code, Secs. 531.903(a), (b), (d).) |
|
Sec. 525.0203. HEALTH INFORMATION EXCHANGE SYSTEM |
|
IMPLEMENTATION IN STAGES. The commission shall implement the |
|
health information exchange system in stages as described by this |
|
subchapter, except that the commission may deviate from those |
|
stages if technological advances make a deviation advisable or more |
|
efficient. (Gov. Code, Sec. 531.903(c).) |
|
Sec. 525.0204. HEALTH INFORMATION EXCHANGE SYSTEM STAGE |
|
ONE: ENCOUNTER DATA. In stage one of implementing the health |
|
information exchange system and for purposes of the implementation, |
|
the commission shall require each managed care organization with |
|
which the commission contracts under Chapter 540 or 540A for the |
|
provision of Medicaid managed care services or under Chapter 62, |
|
Health and Safety Code, for the provision of child health plan |
|
program services to submit to the commission complete and accurate |
|
encounter data not later than the 30th day after the last day of the |
|
month in which the managed care organization adjudicated the claim. |
|
(Gov. Code, Sec. 531.9051.) |
|
Sec. 525.0205. HEALTH INFORMATION EXCHANGE SYSTEM STAGE |
|
ONE: ELECTRONIC PRESCRIBING. (a) In stage one of implementing the |
|
health information exchange system, the commission shall support |
|
and coordinate electronic prescribing tools health care providers |
|
and health care facilities use under Medicaid and the child health |
|
plan program. |
|
(b) The commission shall collaborate with, and accept |
|
recommendations from, physicians and other stakeholders to ensure |
|
that the electronic prescribing tools described by Subsection (a): |
|
(1) are integrated with existing electronic |
|
prescribing systems otherwise in use in the public and private |
|
sectors; and |
|
(2) to the extent feasible: |
|
(A) provide current payer formulary information |
|
at the time a health care provider writes a prescription; and |
|
(B) support the electronic transmission of a |
|
prescription. |
|
(c) The commission may take any reasonable action to comply |
|
with this section, including establishing information exchanges |
|
with national electronic prescribing networks or providing health |
|
care providers with access to an Internet-based prescribing tool |
|
the commission develops. |
|
(d) The commission shall apply for and actively pursue any |
|
waiver to the state Medicaid plan or the child health plan program |
|
from the Centers for Medicare and Medicaid Services or any other |
|
federal agency as necessary to remove an identified impediment to |
|
supporting and implementing electronic prescribing tools under |
|
this section, including the requirement for handwritten |
|
certification of certain drugs under 42 C.F.R. Section 447.512. If |
|
the commission, with assistance from the Legislative Budget Board, |
|
determines that the implementation of an operational modification |
|
in accordance with a waiver the commission obtains as required by |
|
this subsection has resulted in a cost increase in Medicaid or the |
|
child health plan program, the commission shall take the necessary |
|
actions to reverse the operational modification. (Gov. Code, Sec. |
|
531.906.) |
|
Sec. 525.0206. HEALTH INFORMATION EXCHANGE SYSTEM STAGE |
|
TWO: EXPANSION. (a) In stage two of implementing the health |
|
information exchange system and based on feedback provided by |
|
interested parties, the commission may expand the system by: |
|
(1) providing an electronic health record for each |
|
child health plan program enrollee; |
|
(2) including state laboratory results information in |
|
an electronic health record, including the results of newborn |
|
screenings and tests conducted under the Texas Health Steps |
|
program, based on the system developed for the health passport |
|
under Section 266.006, Family Code; |
|
(3) improving electronic health record data-gathering |
|
capabilities to allow the record to include basic health and |
|
clinical information as the executive commissioner determines in |
|
addition to available claims information; |
|
(4) using evidence-based technology tools to create a |
|
unique health profile to alert health care providers regarding the |
|
need for additional care, education, counseling, or health |
|
management activities for specific patients; and |
|
(5) continuing to enhance the electronic health record |
|
created for each Medicaid recipient as technology becomes available |
|
and interoperability capabilities improve. |
|
(b) In expanding the health information exchange system, |
|
the commission shall collaborate with, and accept recommendations |
|
from, physicians and other stakeholders to ensure that electronic |
|
health records provided under this section support health |
|
information exchange with electronic medical records systems |
|
physicians use in the public and private sectors. (Gov. Code, Sec. |
|
531.907.) |
|
Sec. 525.0207. HEALTH INFORMATION EXCHANGE SYSTEM STAGE |
|
THREE: EXPANSION. In stage three of implementing the health |
|
information exchange system, the commission may expand the system |
|
by: |
|
(1) developing evidence-based benchmarking tools for |
|
a health care provider to use in evaluating the provider's own |
|
performance on health care outcomes and overall quality of care as |
|
compared to aggregated peer performance data; and |
|
(2) expanding the system to include state agencies, |
|
additional health care providers, laboratories, diagnostic |
|
facilities, hospitals, and medical offices. (Gov. Code, Sec. |
|
531.908.) |
|
Sec. 525.0208. STRATEGIES TO ENCOURAGE HEALTH INFORMATION |
|
EXCHANGE SYSTEM USE. The commission shall develop strategies to |
|
encourage health care providers to use the health information |
|
exchange system, including incentives, education, and outreach |
|
tools to increase usage. (Gov. Code, Sec. 531.909.) |
|
Sec. 525.0209. RULES. The executive commissioner may adopt |
|
rules to implement this subchapter. (Gov. Code, Sec. 531.911.) |
|
SUBCHAPTER F. INFORMATION RESOURCES AND TECHNOLOGY |
|
Sec. 525.0251. INFORMATION RESOURCES STRATEGIC PLANNING |
|
AND MANAGEMENT. (a) The commission is responsible for strategic |
|
planning for information resources at each health and human |
|
services agency and shall direct the management of information |
|
resources at each health and human services agency. |
|
(b) The commission shall: |
|
(1) develop a coordinated strategic plan for |
|
information resources management that: |
|
(A) covers a five-year period; |
|
(B) defines objectives for information resources |
|
management at each health and human services agency; |
|
(C) prioritizes information resources projects |
|
and implementation of new technology for all health and human |
|
services agencies; |
|
(D) integrates planning and development of each |
|
information resources system a health and human services agency |
|
uses into a coordinated information resources management planning |
|
and development system the commission establishes; |
|
(E) establishes standards for information |
|
resources system security and that promotes the capability of |
|
information resources systems operating with each other; |
|
(F) achieves economies of scale and related |
|
benefits in purchasing for health and human services information |
|
resources systems; and |
|
(G) is consistent with the state strategic plan |
|
for information resources developed under Chapter 2054; |
|
(2) establish and ensure compliance with information |
|
resources management policies, procedures, and technical |
|
standards; and |
|
(3) review and approve the information resources |
|
deployment review and biennial operating plan of each health and |
|
human services agency. |
|
(c) A health and human services agency may not submit the |
|
agency's plans to the Department of Information Resources or the |
|
Legislative Budget Board under Subchapter E, Chapter 2054, until |
|
the commission approves the plans. (Gov. Code, Sec. 531.0273.) |
|
Sec. 525.0252. TECHNOLOGICAL SOLUTIONS POLICIES. (a) The |
|
commission shall develop and implement a policy requiring the |
|
agency commissioner and employees of each health and human services |
|
agency to research and propose appropriate technological solutions |
|
to improve the agency's ability to perform the agency's functions. |
|
The technological solutions must: |
|
(1) ensure that the public is able to easily find |
|
information about a health and human services agency on the |
|
Internet; |
|
(2) ensure that an individual who wants to use a health |
|
and human services agency's services is able to: |
|
(A) interact with the agency through the |
|
Internet; and |
|
(B) access any service that can be effectively |
|
provided through the Internet; |
|
(3) be cost-effective and developed through the |
|
commission's planning process; and |
|
(4) meet federal accessibility standards for |
|
individuals with disabilities. |
|
(b) The commission shall develop and implement the policy |
|
described by Subsection (a) in relation to the commission's |
|
functions. (Gov. Code, Secs. 531.0162(a), (b).) |
|
Sec. 525.0253. TECHNOLOGY USE FOR ADULT PROTECTIVE SERVICES |
|
PROGRAM. (a) Subject to available appropriations, the commission |
|
shall use technology whenever possible in connection with the |
|
Department of Family and Protective Services' adult protective |
|
services program to: |
|
(1) provide for automated collection of information |
|
necessary to evaluate program effectiveness using systems that |
|
integrate collection of necessary information with other routine |
|
duties of caseworkers and other service providers; and |
|
(2) consequently reduce the time required for |
|
caseworkers and other service providers to gather and report |
|
information necessary for program evaluation. |
|
(b) The commission shall include private sector |
|
representatives in the technology planning process used to |
|
determine appropriate technology for the Department of Family and |
|
Protective Services' adult protective services program. (Gov. |
|
Code, Secs. 531.0162(c), (d).) |
|
Sec. 525.0254. ELECTRONIC SIGNATURES. (a) In this |
|
section, "transaction" has the meaning assigned by Section 322.002, |
|
Business & Commerce Code. |
|
(b) The executive commissioner shall establish standards |
|
for the use of electronic signatures in accordance with Chapter |
|
322, Business & Commerce Code, with respect to any transaction in |
|
connection with the administration of health and human services |
|
programs. |
|
(c) The executive commissioner shall adopt rules to |
|
implement the executive commissioner's authority under this |
|
section. (Gov. Code, Secs. 531.0055(j), (m).) |
|
Sec. 525.0255. HEALTH AND HUMAN SERVICES SYSTEM INTERNET |
|
WEBSITES. The commission shall establish a process to ensure that |
|
Internet websites across the health and human services system are |
|
developed and maintained according to standard criteria for |
|
uniformity, efficiency, and technical capabilities. Under the |
|
process, the commission shall: |
|
(1) develop and maintain an inventory of all health |
|
and human services system Internet websites; and |
|
(2) on an ongoing basis, evaluate the inventory the |
|
commission maintains under Subdivision (1) to: |
|
(A) determine whether any Internet websites |
|
should be consolidated to improve public access to those websites' |
|
content and, if appropriate, consolidate those websites; and |
|
(B) ensure that the Internet websites comply with |
|
the standard criteria. (Gov. Code, Sec. 531.0164.) |
|
Sec. 525.0256. AUTOMATION STANDARDS FOR DATA SHARING. The |
|
executive commissioner, with the Department of Information |
|
Resources, shall develop automation standards for computer systems |
|
to enable health and human services agencies, including agencies |
|
operating at a local level, to share pertinent data. (Gov. Code, |
|
Sec. 531.024(a) (part).) |
|
Sec. 525.0257. ELECTRONIC EXCHANGE OF HEALTH INFORMATION; |
|
BIENNIAL REPORT. (a) In this section, "health care provider" |
|
includes a physician. |
|
(b) The executive commissioner shall ensure that: |
|
(1) all information systems available for the |
|
commission or a health and human services agency to use in sending |
|
protected health information to a health care provider or receiving |
|
protected health information from a health care provider, and for |
|
which planning or procurement begins on or after September 1, 2015, |
|
are capable of sending or receiving the information in accordance |
|
with the applicable data exchange standards developed by the |
|
appropriate standards development organization accredited by the |
|
American National Standards Institute; |
|
(2) if national data exchange standards do not exist |
|
for a system described by Subdivision (1), the commission makes |
|
every effort to ensure that the system is interoperable with the |
|
national standards for electronic health record systems; and |
|
(3) the commission and each health and human services |
|
agency establish an interoperability standards plan for all |
|
information systems that exchange protected health information |
|
with health care providers. |
|
(c) Not later than December 1 of each even-numbered year, |
|
the executive commissioner shall report to the governor and the |
|
Legislative Budget Board on the commission's and the health and |
|
human services agencies' measurable progress in ensuring that the |
|
information systems described by Subsection (b) are interoperable |
|
with one another and meet the appropriate standards specified by |
|
that subsection. The report must include an assessment of the |
|
progress made in achieving commission goals related to the exchange |
|
of health information, including facilitating care coordination |
|
among the agencies, ensuring quality improvement, and realizing |
|
cost savings. (Gov. Code, Secs. 531.0162(e), (f), (h) (part).) |
|
SUBCHAPTER G. STUDIES, REPORTS, AND PUBLICATIONS |
|
Sec. 525.0301. BIENNIAL REFERENCE GUIDE. (a) The |
|
commission shall: |
|
(1) publish a biennial reference guide describing |
|
available public health and human services in this state; and |
|
(2) make the guide available to all interested parties |
|
and agencies. |
|
(b) The reference guide must include a dictionary of uniform |
|
terms and services. (Gov. Code, Sec. 531.040.) |
|
Sec. 525.0302. CONSOLIDATION OF REPORTS. The commission |
|
may consolidate any annual or biennial reports required to be made |
|
under this chapter or another law if: |
|
(1) the consolidated report is submitted not later |
|
than the earliest deadline for the submission of any component of |
|
the report; and |
|
(2) each person required to receive a component of the |
|
consolidated report receives the report, and the report identifies |
|
the component the person was required to receive. (Gov. Code, Sec. |
|
531.014.) |
|
Sec. 525.0303. ANNUAL REPORT ON SAFEGUARDING PROTECTED |
|
HEALTH INFORMATION. (a) The commission, in consultation with the |
|
Department of State Health Services, the Texas Medical Board, and |
|
the Texas Department of Insurance, shall explore and evaluate new |
|
developments in safeguarding protected health information. |
|
(b) Not later than December 1 of each year, the commission |
|
shall report to the legislature on: |
|
(1) new developments in safeguarding protected health |
|
information; and |
|
(2) recommendations for implementing safeguards |
|
within the commission. (Gov. Code, Sec. 531.0994.) |
|
CHAPTER 526. ADDITIONAL POWERS AND DUTIES OF COMMISSION AND |
|
EXECUTIVE COMMISSIONER |
|
SUBCHAPTER A. INTERNET WEBSITES, ELECTRONIC RESOURCES, AND OTHER |
|
TECHNOLOGY |
|
Sec. 526.0001. DEFINITIONS |
|
Sec. 526.0002. INTERNET WEBSITE FOR HEALTH AND HUMAN |
|
SERVICES INFORMATION |
|
Sec. 526.0003. INFORMATION ON LONG-TERM CARE SERVICES |
|
Sec. 526.0004. TEXAS INFORMATION AND REFERRAL NETWORK |
|
Sec. 526.0005. INTERNET WEBSITE FOR HEALTH AND HUMAN |
|
SERVICES REFERRAL INFORMATION |
|
Sec. 526.0006. INTERNET WEBSITE FOR CHILD-CARE AND |
|
EDUCATION SERVICES REFERRAL |
|
INFORMATION |
|
Sec. 526.0007. INTERNET WEBSITE FOR REFERRAL |
|
INFORMATION ON HOUSING OPTIONS FOR |
|
INDIVIDUALS WITH MENTAL ILLNESS |
|
Sec. 526.0008. COMPLIANCE WITH NATIONAL ELECTRONIC |
|
DATA INTERCHANGE STANDARDS FOR HEALTH |
|
CARE INFORMATION |
|
Sec. 526.0009. TECHNICAL ASSISTANCE FOR HUMAN SERVICES |
|
PROVIDERS |
|
Sec. 526.0010. INFORMATION RESOURCES MANAGER REPORTS |
|
SUBCHAPTER B. PROGRAMS AND SERVICES PROVIDED OR ADMINISTERED BY |
|
COMMISSION |
|
Sec. 526.0051. RESTRICTIONS ON AWARDS TO FAMILY |
|
PLANNING SERVICE PROVIDERS |
|
Sec. 526.0052. INFORMATION FOR CERTAIN ENROLLEES IN |
|
HEALTHY TEXAS WOMEN PROGRAM |
|
Sec. 526.0053. VACCINES FOR CHILDREN PROGRAM PROVIDER |
|
ENROLLMENT; IMMUNIZATION REGISTRY |
|
Sec. 526.0054. PRIOR AUTHORIZATION FOR HIGH-COST |
|
MEDICAL SERVICES AND PROCEDURES |
|
Sec. 526.0055. TAILORED BENEFIT PACKAGES FOR |
|
NON-MEDICAID POPULATIONS |
|
Sec. 526.0056. PILOT PROGRAM TO PREVENT SPREAD OF |
|
INFECTIOUS OR COMMUNICABLE DISEASES |
|
Sec. 526.0057. APPLICATION REQUIREMENT FOR COLONIAS |
|
PROJECTS |
|
Sec. 526.0058. RULES REGARDING REFUGEE RESETTLEMENT |
|
Sec. 526.0059. PROHIBITED AWARD OF CONTRACTS TO |
|
MANAGED CARE ORGANIZATIONS FOR |
|
CERTAIN CRIMINAL CONVICTIONS |
|
SUBCHAPTER C. COORDINATION OF QUALITY INITIATIVES |
|
Sec. 526.0101. DEFINITION |
|
Sec. 526.0102. OPERATIONAL PLAN TO COORDINATE MAJOR |
|
QUALITY INITIATIVES |
|
Sec. 526.0103. REVISION AND EVALUATION OF MAJOR |
|
QUALITY INITIATIVES |
|
Sec. 526.0104. INCENTIVES FOR MAJOR QUALITY INITIATIVE |
|
COORDINATION |
|
SUBCHAPTER D. TEXAS HEALTH OPPORTUNITY POOL TRUST FUND |
|
Sec. 526.0151. DEFINITION |
|
Sec. 526.0152. AUTHORITY TO OBTAIN FEDERAL WAIVER |
|
Sec. 526.0153. TEXAS HEALTH OPPORTUNITY POOL TRUST |
|
FUND ESTABLISHED |
|
Sec. 526.0154. DEPOSITS TO FUND |
|
Sec. 526.0155. USE OF FUND IN GENERAL; RULES FOR |
|
ALLOCATION |
|
Sec. 526.0156. REIMBURSEMENTS FOR UNCOMPENSATED HEALTH |
|
CARE COSTS |
|
Sec. 526.0157. INCREASING ACCESS TO HEALTH BENEFITS |
|
COVERAGE |
|
Sec. 526.0158. INFRASTRUCTURE IMPROVEMENTS |
|
SUBCHAPTER E. LONG-TERM CARE FACILITIES |
|
Sec. 526.0201. DEFINITION |
|
Sec. 526.0202. INFORMAL DISPUTE RESOLUTION FOR CERTAIN |
|
LONG-TERM CARE FACILITIES |
|
Sec. 526.0203. LONG-TERM CARE FACILITIES COUNCIL |
|
Sec. 526.0204. COUNCIL DUTIES; REPORT |
|
SUBCHAPTER F. UNCOMPENSATED HOSPITAL CARE REPORTING AND ANALYSIS; |
|
ADMINISTRATIVE PENALTY |
|
Sec. 526.0251. RULES |
|
Sec. 526.0252. NOTICE OF FAILURE TO REPORT; |
|
ADMINISTRATIVE PENALTY |
|
Sec. 526.0253. NOTICE OF INCOMPLETE OR INACCURATE |
|
REPORT; ADMINISTRATIVE PENALTY |
|
Sec. 526.0254. REQUIREMENTS FOR ATTORNEY GENERAL |
|
NOTIFICATION |
|
Sec. 526.0255. ATTORNEY GENERAL NOTICE TO HOSPITAL |
|
Sec. 526.0256. PENALTY PAID OR HEARING REQUESTED |
|
Sec. 526.0257. HEARING |
|
Sec. 526.0258. OPTIONS FOLLOWING DECISION: PAY OR |
|
APPEAL |
|
Sec. 526.0259. DECISION BY COURT |
|
Sec. 526.0260. RECOVERY OF PENALTY |
|
SUBCHAPTER G. RURAL HOSPITAL INITIATIVES |
|
Sec. 526.0301. STRATEGIC PLAN FOR RURAL HOSPITAL |
|
SERVICES; REPORT |
|
Sec. 526.0302. RURAL HOSPITAL ADVISORY COMMITTEE |
|
Sec. 526.0303. COLLABORATION WITH OFFICE OF RURAL |
|
AFFAIRS |
|
SUBCHAPTER H. MEDICAL TRANSPORTATION |
|
Sec. 526.0351. DEFINITIONS |
|
Sec. 526.0352. DUTY TO PROVIDE MEDICAL TRANSPORTATION |
|
SERVICES |
|
Sec. 526.0353. APPLICABILITY |
|
Sec. 526.0354. COMMISSION SUPERVISION OF MEDICAL |
|
TRANSPORTATION PROGRAM |
|
Sec. 526.0355. CONTRACT FOR PUBLIC TRANSPORTATION |
|
SERVICES |
|
Sec. 526.0356. RULES FOR NONEMERGENCY TRANSPORTATION |
|
SERVICES; COMPLIANCE |
|
Sec. 526.0357. MEMORANDUM OF UNDERSTANDING; DRIVER AND |
|
VEHICLE INFORMATION |
|
Sec. 526.0358. MEDICAL TRANSPORTATION SERVICES |
|
SUBCONTRACTS |
|
Sec. 526.0359. CERTAIN PROVIDERS PROHIBITED FROM |
|
PROVIDING NONEMERGENCY TRANSPORTATION |
|
SERVICES |
|
Sec. 526.0360. CERTAIN WHEELCHAIR-ACCESSIBLE VEHICLES |
|
AUTHORIZED |
|
SUBCHAPTER I. CASEWORKERS AND PROGRAM PERSONNEL |
|
Sec. 526.0401. CASELOAD STANDARDS FOR DEPARTMENT OF |
|
FAMILY AND PROTECTIVE SERVICES |
|
Sec. 526.0402. JOINT TRAINING FOR CERTAIN CASEWORKERS |
|
Sec. 526.0403. COORDINATION AND APPROVAL OF CASELOAD |
|
ESTIMATES |
|
Sec. 526.0404. DEAF-BLIND WITH MULTIPLE DISABILITIES |
|
(DBMD) WAIVER PROGRAM: CAREER LADDER |
|
FOR INTERVENERS |
|
SUBCHAPTER J. LICENSING, LISTING, OR REGISTRATION OF CERTAIN |
|
ENTITIES |
|
Sec. 526.0451. APPLICABILITY |
|
Sec. 526.0452. REQUIRED APPLICATION INFORMATION |
|
Sec. 526.0453. APPLICATION DENIAL BASED ON ADVERSE |
|
AGENCY DECISION |
|
Sec. 526.0454. RECORD OF FINAL DECISION |
|
SUBCHAPTER K. CHILDREN AND FAMILIES |
|
Sec. 526.0501. SUBSTITUTE CARE PROVIDER OUTCOME |
|
STANDARDS |
|
Sec. 526.0502. REPORT ON DELIVERY OF HEALTH AND HUMAN |
|
SERVICES TO YOUNG TEXANS |
|
Sec. 526.0503. POOLED FUNDING FOR FOSTER CARE |
|
PREVENTIVE SERVICES |
|
Sec. 526.0504. PARTICIPATION BY FATHERS |
|
Sec. 526.0505. PROHIBITED PUNITIVE ACTION FOR FAILURE |
|
TO IMMUNIZE |
|
Sec. 526.0506. INVESTIGATION UNIT FOR CHILD-CARE |
|
FACILITIES OPERATING ILLEGALLY |
|
SUBCHAPTER L. TEXAS HOME VISITING PROGRAM |
|
Sec. 526.0551. DEFINITIONS |
|
Sec. 526.0552. RULES |
|
Sec. 526.0553. STRATEGIC PLAN; ELIGIBILITY |
|
Sec. 526.0554. TYPES OF HOME VISITING PROGRAMS |
|
Sec. 526.0555. OUTCOMES |
|
Sec. 526.0556. EVALUATION OF HOME VISITING PROGRAM |
|
Sec. 526.0557. FUNDING |
|
Sec. 526.0558. REPORTS TO LEGISLATURE |
|
SUBCHAPTER M. SERVICE MEMBERS, DEPENDENTS, AND VETERANS |
|
Sec. 526.0601. SERVICES FOR SERVICE MEMBERS |
|
Sec. 526.0602. INTEREST OR OTHER WAITING LIST FOR |
|
CERTAIN SERVICE MEMBERS AND |
|
DEPENDENTS |
|
Sec. 526.0603. MEMORANDUM OF UNDERSTANDING REGARDING |
|
PUBLIC ASSISTANCE REPORTING |
|
INFORMATION SYSTEM; MAXIMIZATION OF |
|
BENEFITS |
|
SUBCHAPTER N. PLAN TO SUPPORT GUARDIANSHIPS |
|
Sec. 526.0651. DEFINITIONS |
|
Sec. 526.0652. PLAN ESTABLISHMENT |
|
Sec. 526.0653. GUARDIANSHIP PROGRAM GRANT REQUIREMENTS |
|
SUBCHAPTER O. ASSISTANCE PROGRAM FOR DOMESTIC VICTIMS OF |
|
TRAFFICKING |
|
Sec. 526.0701. DEFINITIONS |
|
Sec. 526.0702. VICTIM ASSISTANCE PROGRAM |
|
Sec. 526.0703. GRANT PROGRAM |
|
Sec. 526.0704. TRAINING PROGRAMS |
|
Sec. 526.0705. FUNDING |
|
SUBCHAPTER P. AGING ADULTS WITH VISUAL IMPAIRMENTS |
|
Sec. 526.0751. OUTREACH CAMPAIGNS FOR AGING ADULTS |
|
WITH VISUAL IMPAIRMENTS |
|
Sec. 526.0752. RULES |
|
Sec. 526.0753. COMMISSION SUPPORT |
|
CHAPTER 526. ADDITIONAL POWERS AND DUTIES OF COMMISSION AND |
|
EXECUTIVE COMMISSIONER |
|
SUBCHAPTER A. INTERNET WEBSITES, ELECTRONIC RESOURCES, AND OTHER |
|
TECHNOLOGY |
|
Sec. 526.0001. DEFINITIONS. In this subchapter: |
|
(1) "Council" means the Records Management |
|
Interagency Coordinating Council. |
|
(2) "Network" means the Texas Information and Referral |
|
Network. (New.) |
|
Sec. 526.0002. INTERNET WEBSITE FOR HEALTH AND HUMAN |
|
SERVICES INFORMATION. (a) The commission, in cooperation with the |
|
Department of Information Resources, shall maintain through the |
|
state electronic Internet portal project established by the |
|
department a generally accessible and interactive Internet website |
|
that contains information for the public regarding the services and |
|
programs each health and human services agency provides or |
|
administers in this state. The commission shall establish the |
|
website in such a manner that allows it to be located easily through |
|
electronic means. |
|
(b) The Internet website must: |
|
(1) include information that is: |
|
(A) presented in a concise and easily |
|
understandable and accessible format; and |
|
(B) organized by the type of service provided |
|
rather than by the agency or provider delivering the service; |
|
(2) provide eligibility criteria for each health and |
|
human services agency program; |
|
(3) provide application forms for each of the public |
|
assistance programs administered by a health and human services |
|
agency, including forms for: |
|
(A) the financial assistance program under |
|
Chapter 31, Human Resources Code; |
|
(B) Medicaid; and |
|
(C) the nutritional assistance program under |
|
Chapter 33, Human Resources Code; |
|
(4) to avoid duplication of functions and efforts, |
|
provide a link to an Internet website maintained by the network |
|
under Section 526.0005; |
|
(5) provide the telephone number and, to the extent |
|
available, the e-mail address for each health and human services |
|
agency and local health and human services provider; |
|
(6) be designed in a manner that allows a member of the |
|
public to electronically: |
|
(A) send questions about each agency's programs |
|
or services; and |
|
(B) receive the agency's responses to those |
|
questions; and |
|
(7) be updated at least quarterly. |
|
(c) In designing the Internet website, the commission shall |
|
comply with any state standards for Internet websites that are |
|
prescribed by the Department of Information Resources or any other |
|
state agency. |
|
(d) The commission shall ensure that: |
|
(1) the Internet website's design and applications: |
|
(A) comply with generally acceptable standards |
|
for Internet accessibility for individuals with disabilities; and |
|
(B) contain appropriate controls for information |
|
security; and |
|
(2) the Internet website does not contain any |
|
confidential information, including any confidential information |
|
regarding a client of a human services provider. |
|
(e) A health and human services agency, the network, and the |
|
Department of Information Resources shall cooperate with the |
|
commission to the extent necessary to enable the commission to |
|
perform its duties under this section. (Gov. Code, Secs. |
|
531.0317(b), (c), (d), (e), (f).) |
|
Sec. 526.0003. INFORMATION ON LONG-TERM CARE SERVICES. (a) |
|
The Internet website maintained under Section 526.0002 must include |
|
information for consumers concerning long-term care services. The |
|
information must: |
|
(1) be presented in a manner that is easily accessible |
|
to and understandable by a consumer; and |
|
(2) allow a consumer to make informed choices |
|
concerning long-term care services and include: |
|
(A) an explanation of the manner in which |
|
long-term care service delivery is administered in different |
|
counties through different programs the commission operates so that |
|
an individual can easily understand the service options available |
|
in the area in which that individual lives; and |
|
(B) for the STAR+PLUS Medicaid managed care |
|
program, information in an accessible format, such as a table, that |
|
allows a consumer to evaluate the performance of each participating |
|
plan issuer, including for each issuer: |
|
(i) the enrollment in each county; |
|
(ii) additional "value-added" services |
|
provided; |
|
(iii) a summary of the financial |
|
statistical report required under Section 540.0211; |
|
(iv) complaint information; |
|
(v) any sanction or penalty imposed by any |
|
state agency, including a sanction or penalty imposed by the |
|
commission or the Texas Department of Insurance; |
|
(vi) consumer satisfaction information; |
|
and |
|
(vii) other data, including relevant data |
|
from reports of external quality review organizations, that may be |
|
used by the consumer to evaluate the quality of the services |
|
provided. |
|
(b) In addition to providing the information required by |
|
this section through the Internet website, the commission shall, on |
|
request by a consumer without Internet access, provide the consumer |
|
with a printed copy of the information from the Internet website. |
|
The commission may charge a reasonable fee for printing the |
|
information. The executive commissioner by rule shall establish the |
|
fee amount. (Gov. Code, Sec. 531.0318.) |
|
Sec. 526.0004. TEXAS INFORMATION AND REFERRAL NETWORK. (a) |
|
The Texas Information and Referral Network is responsible for |
|
developing, coordinating, and implementing a statewide information |
|
and referral network that integrates existing community-based |
|
structures with state and local agencies. The network must: |
|
(1) include information relating to transportation |
|
services provided to clients of state and local agencies; |
|
(2) be capable of assisting with statewide disaster |
|
response and emergency management, including through the use of |
|
interstate agreements with out-of-state call centers to ensure |
|
preparedness and responsiveness; |
|
(3) include technology capable of communicating with |
|
clients of state and local agencies using electronic text |
|
messaging; and |
|
(4) include a publicly accessible Internet-based |
|
system to provide real-time, searchable data about the location and |
|
number of clients of state and local agencies using the system and |
|
the types of requests the clients made. |
|
(b) The commission shall cooperate with the council and the |
|
comptroller to establish a single method of categorizing |
|
information about health and human services to be used by the |
|
council and the network. The network, in cooperation with the |
|
council and the comptroller, shall ensure that: |
|
(1) information relating to health and human services |
|
is included in each residential telephone directory published by a |
|
for-profit publisher and distributed to the public at minimal or no |
|
cost; and |
|
(2) the single method of categorizing information |
|
about health and human services is used in the directory. |
|
(c) A health and human services agency or a public or |
|
private entity receiving state-appropriated funds to provide |
|
health and human services shall provide the council and the network |
|
with information about the health and human services the agency or |
|
entity provides for inclusion in the statewide information and |
|
referral network, residential telephone directories described by |
|
Subsection (b), and any other materials produced under the |
|
council's or the network's direction. The agency or entity shall |
|
provide the information in the format the council or the network |
|
requires and shall update the information at least quarterly or as |
|
required by the council or the network. |
|
(d) The Texas Department of Housing and Community Affairs |
|
shall provide the network with information regarding the |
|
department's housing and community affairs programs for inclusion |
|
in the statewide information and referral network. The department |
|
shall provide the information in a form the commission determines |
|
and shall update the information at least quarterly. |
|
(e) Each local workforce development board, the Texas Head |
|
Start State Collaboration Office, and each school district shall |
|
provide the network with information regarding eligibility for and |
|
availability of child-care and education services as defined by |
|
Section 526.0006 for inclusion in the statewide information and |
|
referral network. The local workforce development boards, Texas |
|
Head Start State Collaboration Office, and school districts shall |
|
provide the information in a form the executive commissioner |
|
determines. (Gov. Code, Sec. 531.0312.) |
|
Sec. 526.0005. INTERNET WEBSITE FOR HEALTH AND HUMAN |
|
SERVICES REFERRAL INFORMATION. (a) The network may develop an |
|
Internet website to provide information to the public regarding the |
|
health and human services provided by public or private entities |
|
throughout this state. |
|
(b) The material on the network Internet website must be: |
|
(1) geographically indexed, including by type of |
|
service provided within each geographic area; and |
|
(2) designed to inform an individual about the health |
|
and human services provided in the area in which the individual |
|
lives. |
|
(c) The Internet website may contain: |
|
(1) links to the Internet websites of any local health |
|
and human services provider; |
|
(2) the name, address, and telephone number of |
|
organizations providing health and human services in a county and a |
|
description of the type of services those organizations provide; |
|
and |
|
(3) any other information that educates the public |
|
about the health and human services provided in a county. |
|
(d) The network shall coordinate with the Department of |
|
Information Resources to maintain the Internet website through the |
|
state electronic Internet portal project established by the |
|
department. (Gov. Code, Secs. 531.0313(a), (b), (c), (d).) |
|
Sec. 526.0006. INTERNET WEBSITE FOR CHILD-CARE AND |
|
EDUCATION SERVICES REFERRAL INFORMATION. (a) In this section, |
|
"child-care and education services" means: |
|
(1) subsidized child-care services administered by |
|
the Texas Workforce Commission and local workforce development |
|
boards and funded wholly or partly by federal child-care |
|
development funds; |
|
(2) child-care and education services provided by a |
|
Head Start or Early Head Start program provider; |
|
(3) child-care and education services provided by a |
|
school district through a prekindergarten or after-school program; |
|
and |
|
(4) any other government-funded child-care and |
|
education services, other than education and services a school |
|
district provides as part of the general program of public |
|
education, designed to educate or provide care for children younger |
|
than 13 years of age in middle-income or low-income families. |
|
(b) In addition to providing health and human services |
|
information, the network Internet website established under |
|
Section 526.0005 must provide information to the public regarding |
|
child-care and education services public or private entities |
|
provide throughout this state. The Internet website will serve as a |
|
single point of access through which an individual may be directed |
|
toward information regarding the manner of or location for applying |
|
for all child-care and education services available in the |
|
individual's community. |
|
(c) To the extent resources are available, the Internet |
|
website must: |
|
(1) be geographically indexed and designed to inform |
|
an individual about the child-care and education services provided |
|
in the area in which the individual lives; |
|
(2) contain prescreening questions to determine an |
|
individual's or family's probable eligibility for child-care and |
|
education services; and |
|
(3) be designed in a manner that allows network staff |
|
to: |
|
(A) provide an applicant with the telephone |
|
number, physical address, and e-mail address of the: |
|
(i) nearest Head Start or Early Head Start |
|
office or center and local workforce development center; and |
|
(ii) appropriate school district; and |
|
(B) send an e-mail message to each appropriate |
|
entity described by Paragraph (A) containing each applicant's name |
|
and contact information and a description of the services for which |
|
the applicant is applying. |
|
(d) On receipt of an e-mail message from the network under |
|
Subsection (c)(3)(B), each applicable entity shall: |
|
(1) contact the applicant to verify information |
|
regarding the applicant's eligibility for available child-care and |
|
education services; and |
|
(2) on certifying the applicant's eligibility, match |
|
the applicant with entities providing those services in the |
|
applicant's community, including local workforce development |
|
boards, local child-care providers, or a Head Start or Early Head |
|
Start program provider. |
|
(e) The child-care resource and referral network described |
|
by Chapter 310, Labor Code, and each entity providing child-care |
|
and education services in this state, including local workforce |
|
development boards, the Texas Education Agency, school districts, |
|
Head Start and Early Head Start program providers, municipalities, |
|
counties, and other political subdivisions of this state, shall |
|
cooperate with the network as necessary to administer this section. |
|
(Gov. Code, Sec. 531.03131.) |
|
Sec. 526.0007. INTERNET WEBSITE FOR REFERRAL INFORMATION ON |
|
HOUSING OPTIONS FOR INDIVIDUALS WITH MENTAL ILLNESS. (a) The |
|
commission shall make available through the network Internet |
|
website established under Section 526.0005 information regarding |
|
housing options for individuals with mental illness provided by |
|
public or private entities throughout this state. The Internet |
|
website serves as a single point of access through which an |
|
individual may be directed toward information regarding the manner |
|
of or where to apply for housing for individuals with mental illness |
|
in the individual's community. In this subsection, "private |
|
entity" includes any provider of housing specifically for |
|
individuals with mental illness other than a state agency, county, |
|
municipality, or other political subdivision of this state, |
|
regardless of whether the provider accepts payment for providing |
|
housing for those individuals. |
|
(b) To the extent resources are available, the Internet |
|
website must be geographically indexed and designed to inform an |
|
individual about the housing options for individuals with mental |
|
illness provided in the area in which the individual lives. |
|
(c) The Internet website must contain a searchable listing |
|
of available housing options for individuals with mental illness by |
|
type with a definition for each type of housing and an explanation |
|
of the populations of individuals with mental illness generally |
|
served by that type of housing. The list must include the following |
|
types of housing for individuals with mental illness: |
|
(1) state hospitals; |
|
(2) step-down units in state hospitals; |
|
(3) community hospitals; |
|
(4) private psychiatric hospitals; |
|
(5) an inpatient treatment service provider in the |
|
network of service providers assembled by a local mental health |
|
authority under Section 533.035(c), Health and Safety Code; |
|
(6) assisted living facilities; |
|
(7) continuing care facilities; |
|
(8) boarding homes; |
|
(9) emergency shelters for individuals who are |
|
homeless; |
|
(10) transitional housing intended to move |
|
individuals who are homeless to permanent housing; |
|
(11) supportive housing or long-term, community-based |
|
affordable housing that provides supportive services; |
|
(12) general residential operations, as defined by |
|
Section 42.002, Human Resources Code; and |
|
(13) residential treatment centers or a type of |
|
general residential operation that provides services to children |
|
with emotional disorders in a structured and supportive |
|
environment. |
|
(d) For each housing facility named in the listing of |
|
available housing options for individuals with mental illness, the |
|
Internet website must indicate whether the provider operating the |
|
housing facility is licensed by this state. |
|
(e) The Internet website must display a disclaimer that the |
|
information provided is for informational purposes only and is not |
|
an endorsement or recommendation of any type of housing or any |
|
housing facility. |
|
(f) Each entity providing housing specifically for |
|
individuals with mental illness in this state, including the |
|
commission, counties, municipalities, other political subdivisions |
|
of this state, and private entities, shall cooperate with the |
|
network as necessary to administer this section. (Gov. Code, Sec. |
|
531.03132.) |
|
Sec. 526.0008. COMPLIANCE WITH NATIONAL ELECTRONIC DATA |
|
INTERCHANGE STANDARDS FOR HEALTH CARE INFORMATION. Each health and |
|
human services agency and other state agency that acts as a health |
|
care provider or a claims payer for the provision of health care |
|
shall: |
|
(1) process information related to health care in |
|
compliance with national data interchange standards adopted under |
|
Subtitle F, Title II, Health Insurance Portability and |
|
Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), |
|
within the applicable deadline established under federal law or |
|
federal regulations; or |
|
(2) demonstrate to the commission the reasons the |
|
agency should not be required to comply with Subdivision (1), and to |
|
the extent allowed under federal law, obtain the commission's |
|
approval to: |
|
(A) comply with the standards at a later date; or |
|
(B) not comply with one or more of the standards. |
|
(Gov. Code, Sec. 531.0315.) |
|
Sec. 526.0009. TECHNICAL ASSISTANCE FOR HUMAN SERVICES |
|
PROVIDERS. (a) A health and human services agency shall, in |
|
conjunction with the Department of Information Resources, |
|
coordinate and enhance the agency's existing Internet website to |
|
provide technical assistance for human services providers. The |
|
commission shall take the lead and ensure involvement of the |
|
agencies with the greatest potential to produce cost savings. |
|
(b) Assistance provided under this section: |
|
(1) must include information on the impact of federal |
|
and state welfare reform changes on human services providers; |
|
(2) may include information in the following subjects: |
|
(A) case management; |
|
(B) contract management; |
|
(C) financial management; |
|
(D) performance measurement and evaluation; |
|
(E) research; and |
|
(F) other matters the commission considers |
|
appropriate; and |
|
(3) may not include any confidential information |
|
regarding a client of a human services provider. (Gov. Code, Sec. |
|
531.013.) |
|
Sec. 526.0010. INFORMATION RESOURCES MANAGER REPORTS. |
|
Notwithstanding Section 2054.075(b), the information resources |
|
manager of a health and human services agency shall report directly |
|
to the executive commissioner or a deputy executive commissioner |
|
the executive commissioner designates. (Gov. Code, |
|
Sec. 531.02731.) |
|
SUBCHAPTER B. PROGRAMS AND SERVICES PROVIDED OR ADMINISTERED BY |
|
COMMISSION |
|
Sec. 526.0051. RESTRICTIONS ON AWARDS TO FAMILY PLANNING |
|
SERVICE PROVIDERS. (a) Notwithstanding any other law, money |
|
appropriated to the commission for the purpose of providing family |
|
planning services must be awarded: |
|
(1) to eligible entities in the following order of |
|
descending priority: |
|
(A) public entities that provide family planning |
|
services, including state, county, and local community health |
|
clinics and federally qualified health centers; |
|
(B) nonpublic entities that provide |
|
comprehensive primary and preventive care services in addition to |
|
family planning services; and |
|
(C) nonpublic entities that provide family |
|
planning services but do not provide comprehensive primary and |
|
preventive care services; or |
|
(2) as otherwise directed by the legislature in the |
|
General Appropriations Act. |
|
(b) Notwithstanding Subsection (a), the commission shall, |
|
in compliance with federal law, ensure distribution of funds for |
|
family planning services in a manner that does not severely limit or |
|
eliminate access to those services in any region of this state. |
|
(Gov. Code, Sec. 531.0025.) |
|
Sec. 526.0052. INFORMATION FOR CERTAIN ENROLLEES IN HEALTHY |
|
TEXAS WOMEN PROGRAM. (a) In this section, "Healthy Texas Women |
|
program" means a program the commission operates that is |
|
substantially similar to the demonstration project operated under |
|
former Section 32.0248, Human Resources Code, and that is intended |
|
to expand access to preventive health and family planning services |
|
for women in this state. |
|
(b) This section applies to a woman who is automatically |
|
enrolled in the Healthy Texas Women program following a pregnancy |
|
for which the woman received Medicaid, but who is no longer eligible |
|
to participate in Medicaid. |
|
(c) After a woman to whom this section applies is enrolled |
|
in the Healthy Texas Women program, the commission shall provide to |
|
the woman: |
|
(1) information about the Healthy Texas Women program, |
|
including the services provided under the program; and |
|
(2) a list of health care providers who participate in |
|
the Healthy Texas Women program and are located in the same |
|
geographical area in which the woman resides. |
|
(d) The commission shall consult with the Texas Maternal |
|
Mortality and Morbidity Review Committee established under Chapter |
|
34, Health and Safety Code, to improve the process for providing the |
|
information required by Subsection (c), including by determining: |
|
(1) the best time for providing the information; and |
|
(2) the manner of providing the information, including |
|
the information about health care providers described by Subsection |
|
(c)(2). (Gov. Code, Sec. 531.0995.) |
|
Sec. 526.0053. VACCINES FOR CHILDREN PROGRAM PROVIDER |
|
ENROLLMENT; IMMUNIZATION REGISTRY. (a) In this section, "vaccines |
|
for children program" means the program the Department of State |
|
Health Services operates under 42 U.S.C. Section 1396s. |
|
(b) The commission shall ensure that a provider may enroll |
|
in the vaccines for children program on the same form the provider |
|
completes to apply as a Medicaid health care provider. |
|
(c) The commission shall allow providers to: |
|
(1) report vaccines administered under the vaccines |
|
for children program to the immunization registry established under |
|
Section 161.007, Health and Safety Code; and |
|
(2) use the immunization registry, including |
|
individually identifiable information in accordance with state and |
|
federal law, to determine whether a child received an immunization. |
|
(Gov. Code, Sec. 531.064.) |
|
Sec. 526.0054. PRIOR AUTHORIZATION FOR HIGH-COST MEDICAL |
|
SERVICES AND PROCEDURES. (a) The commission may: |
|
(1) evaluate and implement, as appropriate, |
|
procedures, policies, and methodologies to require prior |
|
authorization for high-cost medical services and procedures; and |
|
(2) contract with qualified service providers or |
|
organizations to perform those functions. |
|
(b) A procedure, policy, or methodology implemented under |
|
this section must comply with any prohibitions in state or federal |
|
law on limits in the amount, duration, or scope of medically |
|
necessary services for Medicaid recipients who are children. (Gov. |
|
Code, Sec. 531.075.) |
|
Sec. 526.0055. TAILORED BENEFIT PACKAGES FOR NON-MEDICAID |
|
POPULATIONS. (a) The commission shall identify state or federal |
|
non-Medicaid programs that provide health care services to |
|
individuals whose health care needs could be met by providing |
|
customized benefits through a system of care that is used under a |
|
Medicaid tailored benefit package implemented under Section |
|
532.0351. |
|
(b) If the commission determines it is feasible and to the |
|
extent permitted by federal and state law, the commission shall: |
|
(1) provide the health care services for individuals |
|
described by Subsection (a) through the applicable Medicaid |
|
tailored benefit package; and |
|
(2) if appropriate or necessary to provide the |
|
services as required by Subdivision (1), develop and implement a |
|
system of blended funding methodologies to provide the services in |
|
that manner. (Gov. Code, Sec. 531.0971.) |
|
Sec. 526.0056. PILOT PROGRAM TO PREVENT SPREAD OF |
|
INFECTIOUS OR COMMUNICABLE DISEASES. The commission may provide |
|
guidance to the local health authority of Bexar County in |
|
establishing a pilot program funded by the county to prevent the |
|
spread of HIV, hepatitis B, hepatitis C, and other infectious and |
|
communicable diseases. The program may include a disease control |
|
program that provides for the anonymous exchange of used hypodermic |
|
needles and syringes. (Gov. Code, Sec. 531.0972.) |
|
Sec. 526.0057. APPLICATION REQUIREMENT FOR COLONIAS |
|
PROJECTS. (a) In this section, "colonia" means a geographic area |
|
that: |
|
(1) is an economically distressed area as defined by |
|
Section 17.921, Water Code; |
|
(2) is located in a county any part of which is within |
|
62 miles of an international border; and |
|
(3) consists of 11 or more dwellings located in |
|
proximity to each other in an area that may be described as a |
|
community or neighborhood. |
|
(b) The commission shall require an applicant for funds |
|
under any project the commission funds that provides assistance to |
|
colonias to submit to the commission any existing colonia |
|
classification number for each colonia that may be served by the |
|
project proposed in the application. |
|
(c) The commission may contact the secretary of state or the |
|
secretary of state's representative to obtain a classification |
|
number for a colonia that does not have a classification number. On |
|
request of the commission, the secretary of state or the secretary |
|
of state's representative shall assign a classification number to |
|
the colonia. (Gov. Code, Sec. 531.0141.) |
|
Sec. 526.0058. RULES REGARDING REFUGEE RESETTLEMENT. (a) |
|
In this section, "local resettlement agency" and "national |
|
voluntary agency" have the meanings assigned by 45 C.F.R. Section |
|
400.2. |
|
(b) The executive commissioner shall adopt rules to ensure |
|
that: |
|
(1) any refugee placement report required under a |
|
federal refugee resettlement program includes local governmental |
|
and community input; and |
|
(2) governmental entities and officials are provided |
|
with related information. |
|
(c) In adopting the rules, the executive commissioner |
|
shall, to the extent permitted by federal law, ensure that meetings |
|
are convened at least quarterly in the communities proposed for |
|
refugee placement at which representatives of local resettlement |
|
agencies have an opportunity to consult with and obtain feedback |
|
regarding proposed refugee placement from: |
|
(1) local governmental entities and officials, |
|
including: |
|
(A) municipal and county officials; |
|
(B) local school district officials; and |
|
(C) representatives of local law enforcement |
|
agencies; and |
|
(2) other community stakeholders, including: |
|
(A) major providers under the local health care |
|
system; and |
|
(B) major employers of refugees. |
|
(d) In adopting the rules, the executive commissioner |
|
shall, to the extent permitted by federal law, ensure that: |
|
(1) a local resettlement agency: |
|
(A) considers all feedback obtained in meetings |
|
conducted under Subsection (c) before preparing a proposed annual |
|
report on the placement of refugees for purposes of 8 U.S.C. Section |
|
1522(b)(7)(E); |
|
(B) informs the state and local governmental |
|
entities and officials and community stakeholders described by |
|
Subsection (c) of the proposed annual report; and |
|
(C) develops a final annual report for the |
|
national voluntary agencies and the commission that includes a |
|
summary regarding the manner in which stakeholder input contributed |
|
to the report; and |
|
(2) the commission: |
|
(A) obtains from local resettlement agencies the |
|
preliminary number of refugees the local resettlement agencies |
|
recommended to the national voluntary agencies for placement in |
|
communities throughout this state and provides that information to |
|
local governmental entities and officials in those communities; and |
|
(B) obtains from the United States Department of |
|
State or other appropriate federal agency the number of refugees |
|
apportioned to this state and provides that information and |
|
information regarding the number of refugees intended to be placed |
|
in each community in this state to local governmental entities and |
|
officials in those communities. (Gov. Code, Sec. 531.0411.) |
|
Sec. 526.0059. PROHIBITED AWARD OF CONTRACTS TO MANAGED |
|
CARE ORGANIZATIONS FOR CERTAIN CRIMINAL CONVICTIONS. The |
|
commission may not contract with a managed care organization, |
|
including a health maintenance organization, or a pharmacy benefit |
|
manager if, in the preceding three years, the organization or |
|
manager, in connection with a bid, proposal, or contract with the |
|
commission, was subject to a final judgment by a court of competent |
|
jurisdiction resulting in: |
|
(1) a conviction for: |
|
(A) a criminal offense under state or federal law |
|
related to the delivery of an item or service; |
|
(B) a criminal offense under state or federal law |
|
related to neglect or abuse of patients in connection with the |
|
delivery of an item or service; or |
|
(C) a felony offense under state or federal law |
|
related to fraud, theft, embezzlement, breach of fiduciary |
|
responsibility, or other financial misconduct; or |
|
(2) the imposition of a penalty or fine in the amount |
|
of $500,000 or more in a state or federal administrative proceeding |
|
based on a conviction for a criminal offense under state or federal |
|
law. (Gov. Code, Sec. 531.0696.) |
|
SUBCHAPTER C. COORDINATION OF QUALITY INITIATIVES |
|
Sec. 526.0101. DEFINITION. In this subchapter, "waiver" |
|
means the Texas Healthcare Transformation and Quality Improvement |
|
Program waiver issued under Section 1115 of the Social Security Act |
|
(42 U.S.C. Section 1315). (New.) |
|
Sec. 526.0102. OPERATIONAL PLAN TO COORDINATE MAJOR QUALITY |
|
INITIATIVES. (a) The commission shall develop and implement a |
|
comprehensive, coordinated operational plan to ensure a consistent |
|
approach across the major quality initiatives of the health and |
|
human services system for improving the quality of health care. The |
|
plan must include broad goals for improving the quality of health |
|
care in this state, including health care services provided through |
|
Medicaid. |
|
(b) The plan may evaluate: |
|
(1) the Delivery System Reform Incentive Payment |
|
(DSRIP) program under the waiver; |
|
(2) enhancing funding to disproportionate share |
|
hospitals in this state; |
|
(3) Section 1332 of the Patient Protection and |
|
Affordable Care Act (42 U.S.C. Section 18052); |
|
(4) enhancing uncompensated care pool payments to |
|
hospitals in this state under the waiver; |
|
(5) home and community-based services state plan |
|
options under Section 1915(i) of the Social Security Act (42 U.S.C. |
|
Section 1396n(i)); and |
|
(6) a contingency plan in the event the commission |
|
does not obtain an extension or renewal of the uncompensated care |
|
pool provisions or any other provisions of the granted waiver. |
|
(Gov. Code, Sec. 531.451.) |
|
Sec. 526.0103. REVISION AND EVALUATION OF MAJOR QUALITY |
|
INITIATIVES. Notwithstanding other law, the commission shall |
|
revise major quality initiatives of the health and human services |
|
system in accordance with the operational plan and health care |
|
quality improvement goals developed under Section 526.0102. To the |
|
extent possible, the commission shall ensure that outcome measure |
|
data is collected and reported consistently across all major |
|
quality initiatives to improve the evaluation of the initiatives' |
|
statewide impact. (Gov. Code, Sec. 531.452.) |
|
Sec. 526.0104. INCENTIVES FOR MAJOR QUALITY INITIATIVE |
|
COORDINATION. The commission shall consider and, if appropriate, |
|
develop in accordance with this subchapter, incentives that promote |
|
coordination among the various major quality initiatives, |
|
including projects and initiatives approved under the granted |
|
waiver. (Gov. Code, Sec. 531.453.) |
|
SUBCHAPTER D. TEXAS HEALTH OPPORTUNITY POOL TRUST FUND |
|
Sec. 526.0151. DEFINITION. In this subchapter, "fund" |
|
means the Texas health opportunity pool trust fund established |
|
under Section 526.0153. (Gov. Code, Sec. 531.501.) |
|
Sec. 526.0152. AUTHORITY TO OBTAIN FEDERAL WAIVER. (a) The |
|
executive commissioner may seek a waiver under Section 1115 of the |
|
Social Security Act (42 U.S.C. Section 1315) to the state Medicaid |
|
plan to allow the commission to more efficiently and effectively |
|
use federal money paid to this state under various programs to |
|
defray costs associated with providing uncompensated health care in |
|
this state by using that federal money, appropriated state money to |
|
the extent necessary, and any other money described by this section |
|
for purposes consistent with this subchapter. |
|
(b) The executive commissioner may include the following |
|
federal money in the waiver: |
|
(1) money provided under: |
|
(A) the disproportionate share hospitals |
|
program; |
|
(B) the upper payment limit supplemental payment |
|
program; or |
|
(C) both; |
|
(2) money provided by the federal government in lieu |
|
of some or all of the payments provided under one or both of the |
|
programs described by Subdivision (1); |
|
(3) any combination of funds authorized to be pooled |
|
by Subdivisions (1) and (2); and |
|
(4) any other money available for that purpose, |
|
including: |
|
(A) federal money and money identified under |
|
Subsection (c); |
|
(B) gifts, grants, or donations for that purpose; |
|
(C) local funds received by this state through |
|
intergovernmental transfers; and |
|
(D) if approved in the waiver, federal money |
|
obtained through the use of certified public expenditures. |
|
(c) The commission shall seek to optimize federal funding |
|
by: |
|
(1) identifying health care-related state and local |
|
funds and program expenditures that, before September 1, 2011, are |
|
not being matched with federal money; and |
|
(2) exploring the feasibility of: |
|
(A) certifying or otherwise using those funds and |
|
expenditures as state expenditures for which this state may receive |
|
federal matching money; and |
|
(B) depositing federal matching money received |
|
as provided by Paragraph (A) with other federal money deposited as |
|
provided by Section 526.0154, or substituting that federal matching |
|
money for federal money that otherwise would be received under the |
|
disproportionate share hospitals and upper payment limit |
|
supplemental payment programs as a match for local funds received |
|
by this state through intergovernmental transfers. |
|
(d) The terms of a waiver approved under this section must: |
|
(1) include safeguards to ensure that the total amount |
|
of federal money provided under the disproportionate share |
|
hospitals or upper payment limit supplemental payment program that |
|
is deposited as provided by Section 526.0154 is, for a particular |
|
state fiscal year, at least equal to the greater of the annualized |
|
amount provided to this state under those supplemental payment |
|
programs during: |
|
(A) state fiscal year 2011, excluding |
|
retroactive payment amounts provided during that state fiscal year; |
|
or |
|
(B) the state fiscal years during which the |
|
waiver is in effect; and |
|
(2) allow this state to develop a methodology for |
|
allocating money in the fund to: |
|
(A) supplement Medicaid hospital reimbursements |
|
under a waiver that includes terms consistent with, or that produce |
|
revenues consistent with, disproportionate share hospital and |
|
upper payment limit principles; |
|
(B) reduce the number of individuals in this |
|
state who do not have health benefits coverage; and |
|
(C) maintain and enhance the community public |
|
health infrastructure provided by hospitals. |
|
(e) In seeking a waiver under this section, the executive |
|
commissioner shall attempt to: |
|
(1) obtain maximum flexibility in the use of the money |
|
in the fund for purposes consistent with this subchapter; |
|
(2) include an annual adjustment to the aggregate caps |
|
under the upper payment limit supplemental payment program to |
|
account for inflation, population growth, and other appropriate |
|
demographic factors that affect the ability of residents of this |
|
state to obtain health benefits coverage; |
|
(3) ensure, for the term of the waiver, that the |
|
aggregate caps under the upper payment limit supplemental payment |
|
program for each of the three classes of hospitals are not less than |
|
the aggregate caps applied during state fiscal year 2007; and |
|
(4) to the extent allowed by federal law, including |
|
federal regulations, and federal waiver authority, preserve the |
|
federal supplemental payment program payments made to hospitals, |
|
the state match with respect to which is funded by |
|
intergovernmental transfers or certified public expenditures that |
|
are used to optimize Medicaid payments to safety net providers for |
|
uncompensated care, and preserve allocation methods for those |
|
payments, unless the need for the payments is revised through |
|
measures that reduce the Medicaid shortfall or uncompensated care |
|
costs. |
|
(f) The executive commissioner shall seek broad-based |
|
stakeholder input in the development of the waiver under this |
|
section and shall provide information to stakeholders regarding the |
|
terms of the waiver for which the executive commissioner seeks |
|
federal approval. (Gov. Code, Sec. 531.502.) |
|
Sec. 526.0153. TEXAS HEALTH OPPORTUNITY POOL TRUST FUND |
|
ESTABLISHED. (a) Subject to approval of the waiver authorized by |
|
Section 526.0152, the Texas health opportunity pool trust fund is |
|
created as a trust fund outside the state treasury to be held by the |
|
comptroller and administered by the commission as trustee on behalf |
|
of residents of this state who do not have private health benefits |
|
coverage and health care providers providing uncompensated care to |
|
those individuals. |
|
(b) The commission may spend money in the fund only for |
|
purposes consistent with this subchapter and the terms of the |
|
waiver authorized by Section 526.0152. (Gov. Code, Sec. 531.503.) |
|
Sec. 526.0154. DEPOSITS TO FUND. (a) The comptroller shall |
|
deposit in the fund: |
|
(1) federal money provided to this state under the |
|
disproportionate share hospitals supplemental payment program, the |
|
hospital upper payment limit supplemental payment program, or both, |
|
other than money provided under those programs to state-owned and |
|
-operated hospitals, and all other nonsupplemental payment program |
|
federal money provided to this state that is included in the waiver |
|
authorized by Section 526.0152; and |
|
(2) state money appropriated to the fund. |
|
(b) The commission and comptroller may accept gifts, |
|
grants, and donations from any source, and receive |
|
intergovernmental transfers, for purposes consistent with this |
|
subchapter and the terms of the waiver authorized by Section |
|
526.0152. The comptroller shall deposit a gift, grant, or donation |
|
made for those purposes in the fund. |
|
(c) Any intergovernmental transfer received, including |
|
associated federal matching funds, shall be used, if feasible, for |
|
the purposes intended by the transferring entity and in accordance |
|
with the terms of the waiver authorized by Section 526.0152. (Gov. |
|
Code, Sec. 531.504.) |
|
Sec. 526.0155. USE OF FUND IN GENERAL; RULES FOR |
|
ALLOCATION. (a) Except as otherwise provided by the terms of a |
|
waiver authorized by Section 526.0152, money in the fund may be |
|
used: |
|
(1) subject to Section 526.0156, to provide to health |
|
care providers reimbursements that: |
|
(A) are based on the providers' costs related to |
|
providing uncompensated care; and |
|
(B) compensate the providers for at least a |
|
portion of those costs; |
|
(2) to reduce the number of individuals in this state |
|
who do not have health benefits coverage; |
|
(3) to reduce the need for uncompensated health care |
|
provided by hospitals in this state; and |
|
(4) for any other purpose specified by this subchapter |
|
or the waiver. |
|
(b) On approval of the waiver authorized by Section |
|
526.0152, the executive commissioner shall: |
|
(1) seek input from a broad base of stakeholder |
|
representatives on the development of rules with respect to and for |
|
the administration of the fund; and |
|
(2) by rule develop a methodology for allocating money |
|
in the fund that is consistent with the terms of the waiver. (Gov. |
|
Code, Sec. 531.505.) |
|
Sec. 526.0156. REIMBURSEMENTS FOR UNCOMPENSATED HEALTH |
|
CARE COSTS. (a) Except as otherwise provided by the terms of a |
|
waiver authorized by Section 526.0152 and subject to Subsections |
|
(b) and (c), money in the fund may be allocated to hospitals in this |
|
state and political subdivisions of this state to defray the costs |
|
of providing uncompensated health care. |
|
(b) To be eligible for money allocated from the fund under |
|
this section, a hospital or political subdivision must use a |
|
portion of the money to implement strategies that will reduce the |
|
need for uncompensated inpatient and outpatient care, including |
|
care provided in a hospital emergency room. The strategies may |
|
include: |
|
(1) fostering improved access for patients to primary |
|
care systems or other programs that offer those patients medical |
|
homes, including the following programs: |
|
(A) regional or local health care programs; |
|
(B) programs to provide premium subsidies for |
|
health benefits coverage; and |
|
(C) other programs to increase access to health |
|
benefits coverage; and |
|
(2) creating health care systems efficiencies, such as |
|
using electronic medical records systems. |
|
(c) The allocation methodology the executive commissioner |
|
develops under Section 526.0155(b) must specify the percentage of |
|
the money from the fund allocated to a hospital or political |
|
subdivision that the hospital or political subdivision must use for |
|
strategies described by Subsection (b) of this section. (Gov. |
|
Code, Sec. 531.506.) |
|
Sec. 526.0157. INCREASING ACCESS TO HEALTH BENEFITS |
|
COVERAGE. (a) Except as otherwise provided by the terms of a |
|
waiver authorized by Section 526.0152, money in the fund that is |
|
available to reduce the number of individuals in this state who do |
|
not have health benefits coverage or to reduce the need for |
|
uncompensated health care provided by hospitals in this state may |
|
be used for purposes relating to increasing access to health |
|
benefits coverage for individuals with low income, including: |
|
(1) providing premium payment assistance to those |
|
individuals through a premium payment assistance program developed |
|
under this section; |
|
(2) making contributions to health savings accounts |
|
for those individuals; and |
|
(3) providing other financial assistance to those |
|
individuals through alternate mechanisms established by hospitals |
|
in this state or political subdivisions of this state that meet |
|
certain commission-specified criteria. |
|
(b) The commission and the Texas Department of Insurance |
|
shall jointly develop a premium payment assistance program designed |
|
to assist individuals described by Subsection (a) in obtaining and |
|
maintaining health benefits coverage. The program may provide |
|
assistance in the form of payments for all or part of the premiums |
|
for that coverage. In developing the program, the executive |
|
commissioner shall adopt rules establishing: |
|
(1) eligibility criteria for the program; |
|
(2) the amount of premium payment assistance that will |
|
be provided under the program; |
|
(3) the process by which that assistance will be paid; |
|
and |
|
(4) the mechanism for measuring and reporting the |
|
number of individuals who obtained health insurance or other health |
|
benefits coverage as a result of the program. |
|
(c) The commission shall implement the premium payment |
|
assistance program developed under Subsection (b), subject to |
|
availability of money in the fund for that purpose. (Gov. Code, Sec. |
|
531.507.) |
|
Sec. 526.0158. INFRASTRUCTURE IMPROVEMENTS. (a) Except as |
|
otherwise provided by the terms of a waiver authorized by Section |
|
526.0152 and subject to Subsection (c), money in the fund may be |
|
used for purposes related to developing and implementing |
|
initiatives to improve the infrastructure of local provider |
|
networks that provide services to Medicaid recipients and |
|
individuals with low income and without health benefits coverage in |
|
this state. |
|
(b) The infrastructure improvements may include developing |
|
and implementing a system for maintaining medical records in an |
|
electronic format. |
|
(c) Not more than 10 percent of the total amount of the money |
|
in the fund used in a state fiscal year for purposes other than |
|
providing reimbursements to hospitals for uncompensated health |
|
care may be used for infrastructure improvements described by |
|
Subsection (b). |
|
(d) Money from the fund may not be used to finance the |
|
construction, improvement, or renovation of a building or land |
|
unless the commission approves the construction, improvement, or |
|
renovation in accordance with rules the executive commissioner |
|
adopts for that purpose. (Gov. Code, Sec. 531.508.) |
|
SUBCHAPTER E. LONG-TERM CARE FACILITIES |
|
Sec. 526.0201. DEFINITION. In this subchapter, "council" |
|
means the Long-Term Care Facilities Council. (Gov. Code, Sec. |
|
531.0581(a)(1).) |
|
Sec. 526.0202. INFORMAL DISPUTE RESOLUTION FOR CERTAIN |
|
LONG-TERM CARE FACILITIES. (a) The executive commissioner by rule |
|
shall establish an informal dispute resolution process in |
|
accordance with this section. The process must: |
|
(1) provide for adjudication by an appropriate |
|
disinterested person of disputes relating to a proposed commission |
|
enforcement action or related proceeding under: |
|
(A) Section 32.021(d), Human Resources Code; or |
|
(B) Chapter 242, 247, or 252, Health and Safety |
|
Code; and |
|
(2) require: |
|
(A) a facility to request informal dispute |
|
resolution not later than the 10th calendar day after the |
|
commission notifies the facility of the violation of a standard or |
|
standards; and |
|
(B) the completion of the process not later than: |
|
(i) the 30th calendar day after receipt of a |
|
request for informal dispute resolution from a facility, other than |
|
an assisted living facility; or |
|
(ii) the 90th calendar day after receipt of |
|
a request from an assisted living facility for informal dispute |
|
resolution. |
|
(b) As part of the informal dispute resolution process, the |
|
commission shall contract with an appropriate disinterested person |
|
to adjudicate disputes between a facility licensed under Chapter |
|
242 or 247, Health and Safety Code, and the commission concerning a |
|
statement of violations the commission prepares in connection with |
|
a survey the commission conducts of the facility. The contracting |
|
person shall adjudicate all disputes described by this subsection. |
|
The informal dispute resolution process for the statement of |
|
violations must require: |
|
(1) the surveyor who conducted the survey for which |
|
the statement was prepared to be available to clarify or answer |
|
questions asked by the contracting person or by the facility |
|
related to the facility or statement; and |
|
(2) the commission's review of the facility's informal |
|
dispute resolution request for a standard of care violation to be |
|
conducted by a registered nurse with long-term care experience. |
|
(c) Section 2009.053 does not apply to the commission's |
|
selection of an appropriate disinterested person under Subsection |
|
(b). |
|
(d) The executive commissioner shall adopt rules to |
|
adjudicate claims in contested cases. |
|
(e) The commission may not delegate to another state agency |
|
the commission's responsibility to administer the informal dispute |
|
resolution process. |
|
(f) The rules adopted under Subsection (a) that relate to a |
|
dispute described by Section 247.051(a), Health and Safety Code, |
|
must incorporate the requirements of Section 247.051, Health and |
|
Safety Code. (Gov. Code, Sec. 531.058.) |
|
Sec. 526.0203. LONG-TERM CARE FACILITIES COUNCIL. (a) In |
|
this section, "long-term care facility" means a facility subject to |
|
regulation under Section 32.021(d), Human Resources Code, or |
|
Chapter 242, 247, or 252, Health and Safety Code. |
|
(b) The executive commissioner shall establish a long-term |
|
care facilities council as a permanent advisory committee to the |
|
commission. The council is composed of the following members the |
|
executive commissioner appoints: |
|
(1) at least one member who is a for-profit nursing |
|
facility provider; |
|
(2) at least one member who is a nonprofit nursing |
|
facility provider; |
|
(3) at least one member who is an assisted living |
|
services provider; |
|
(4) at least one member responsible for survey |
|
enforcement within the state survey and certification agency; |
|
(5) at least one member responsible for survey |
|
inspection within the state survey and certification agency; |
|
(6) at least one member of the state agency |
|
responsible for informal dispute resolution; |
|
(7) at least one member with expertise in Medicaid |
|
quality-based payment systems for long-term care facilities; |
|
(8) at least one member who is a practicing medical |
|
director of a long-term care facility; |
|
(9) at least one member who is a physician with |
|
expertise in infectious disease or public health; and |
|
(10) at least one member who is a community-based |
|
provider at an intermediate care facility for individuals with |
|
intellectual or developmental disabilities licensed under Chapter |
|
252, Health and Safety Code. |
|
(c) The executive commissioner shall designate a council |
|
member to serve as presiding officer. The council members shall |
|
elect any other necessary officers. |
|
(d) A council member serves at the will of the executive |
|
commissioner. |
|
(e) The council shall meet at the call of the executive |
|
commissioner. |
|
(f) A council member is not entitled to reimbursement of |
|
expenses or to compensation for service on the council. |
|
(g) Chapter 2110 does not apply to the council. (Gov. Code, |
|
Secs. 531.0581(a)(2), (b), (c), (d), (e), (f), (i).) |
|
Sec. 526.0204. COUNCIL DUTIES; REPORT. (a) In this |
|
section, "long-term care facility" has the meaning assigned by |
|
Section 526.0203. |
|
(b) The council shall: |
|
(1) study and make recommendations regarding a |
|
consistent survey and informal dispute resolution process for |
|
long-term care facilities, Medicaid quality-based payment systems |
|
for those facilities, and the allocation of Medicaid beds in those |
|
facilities; |
|
(2) study and make recommendations regarding best |
|
practices and protocols to make survey, inspection, and informal |
|
dispute resolution processes more efficient and less burdensome on |
|
long-term care facilities; |
|
(3) recommend uniform standards for those processes; |
|
(4) study and make recommendations regarding Medicaid |
|
quality-based payment systems and a rate-setting methodology for |
|
long-term care facilities; and |
|
(5) study and make recommendations relating to the |
|
allocation of and need for Medicaid beds in long-term care |
|
facilities, including studying and making recommendations relating |
|
to: |
|
(A) the effectiveness of rules adopted by the |
|
executive commissioner relating to the procedures for certifying |
|
and decertifying Medicaid beds in long-term care facilities; and |
|
(B) the need for modifications to those rules to |
|
better control the procedures for certifying and decertifying |
|
Medicaid beds in long-term care facilities. |
|
(c) Not later than January 1 of each odd-numbered year, the |
|
council shall submit a report on the council's findings and |
|
recommendations to the executive commissioner, the governor, the |
|
lieutenant governor, the speaker of the house of representatives, |
|
and the chairs of the appropriate legislative committees. (Gov. |
|
Code, Secs. 531.0581(a)(2), (g), (h).) |
|
SUBCHAPTER F. UNCOMPENSATED HOSPITAL CARE REPORTING AND ANALYSIS; |
|
ADMINISTRATIVE PENALTY |
|
Sec. 526.0251. RULES. The executive commissioner shall |
|
adopt rules providing for: |
|
(1) a standard definition of "uncompensated hospital |
|
care"; |
|
(2) a methodology for hospitals in this state to use in |
|
computing the cost of uncompensated hospital care that incorporates |
|
a standard set of adjustments to a hospital's initial computation |
|
of the cost that accounts for all funding streams that: |
|
(A) are not patient-specific; and |
|
(B) are used to offset the hospital's initially |
|
computed amount of uncompensated hospital care; and |
|
(3) procedures for hospitals to use in reporting the |
|
cost of uncompensated hospital care to the commission and in |
|
analyzing that cost, which may include procedures by which the |
|
commission may periodically verify the completeness and accuracy of |
|
the reported information. (Gov. Code, Secs. 531.551(a), (b).) |
|
Sec. 526.0252. NOTICE OF FAILURE TO REPORT; ADMINISTRATIVE |
|
PENALTY. (a) The commission shall notify the attorney general of a |
|
hospital's failure to report the cost of uncompensated hospital |
|
care on or before the report due date in accordance with rules |
|
adopted under Section 526.0251(3). |
|
(b) On receipt of the notice, the attorney general shall |
|
impose an administrative penalty on the hospital in the amount of |
|
$1,000 for each day after the report due date that the hospital has |
|
not submitted the report, not to exceed $10,000. (Gov. Code, Sec. |
|
531.551(c).) |
|
Sec. 526.0253. NOTICE OF INCOMPLETE OR INACCURATE REPORT; |
|
ADMINISTRATIVE PENALTY. (a) If the commission determines that a |
|
hospital submitted a report with incomplete or inaccurate |
|
information using a procedure adopted under Section 526.0251(3), |
|
the commission shall: |
|
(1) notify the hospital of the specific information |
|
the hospital must submit; and |
|
(2) prescribe a date by which the hospital must |
|
provide that information. |
|
(b) If the hospital fails to submit the specified |
|
information on or before the date the commission prescribes, the |
|
commission shall notify the attorney general of that failure. |
|
(c) On receipt of the commission's notice, the attorney |
|
general shall impose an administrative penalty on the hospital in |
|
an amount not to exceed $10,000. In determining the amount of the |
|
penalty to be imposed, the attorney general shall consider: |
|
(1) the seriousness of the violation; |
|
(2) whether the hospital had previously committed a |
|
violation; and |
|
(3) the amount necessary to deter the hospital from |
|
committing future violations. (Gov. Code, Sec. 531.551(d).) |
|
Sec. 526.0254. REQUIREMENTS FOR ATTORNEY GENERAL |
|
NOTIFICATION. The commission's notification to the attorney |
|
general under Section 526.0252 or 526.0253 must include the facts |
|
on which the commission based the determination that the hospital |
|
failed to submit a report or failed to completely and accurately |
|
report information, as applicable. (Gov. Code, Sec. 531.551(e).) |
|
Sec. 526.0255. ATTORNEY GENERAL NOTICE TO HOSPITAL. The |
|
attorney general shall give written notice of the commission's |
|
notification to the attorney general under Section 526.0252 or |
|
526.0253 to the hospital that is the subject of the notification. |
|
The notice must include: |
|
(1) a brief summary of the alleged violation; |
|
(2) a statement of the amount of the administrative |
|
penalty to be imposed; and |
|
(3) a statement of the hospital's right to a hearing on |
|
the alleged violation, the amount of the penalty, or both. (Gov. |
|
Code, Sec. 531.551(f).) |
|
Sec. 526.0256. PENALTY PAID OR HEARING REQUESTED. Not |
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later than the 20th day after the date the attorney general sends |
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the notice under Section 526.0255, the hospital receiving the |
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notice must submit a written request for a hearing or remit the |
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amount of the administrative penalty to the attorney general. |
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Failure to timely request a hearing or remit the amount of the |
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adminis |