H.B. No. 4611
 
 
 
 
AN ACT
  relating to the nonsubstantive revision of the health and human
  services laws governing the Health and Human Services Commission,
  Medicaid, and other social services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  NONSUBSTANTIVE REVISION OF
  SUBTITLE I, TITLE 4, GOVERNMENT CODE
         SECTION 1.01.  Subtitle I, Title 4, Government Code, is
  amended by adding Chapters 521, 522, 523, 524, 525, 526, 532, 540,
  540A, 542, 543, 543A, 544, 545, 546, 547, 547A, 548, 549, and 550 to read as follows:
 
  CHAPTER 521. GENERAL PROVISIONS
  Sec. 521.0001.  DEFINITIONS
  Sec. 521.0002.  REFERENCES IN LAW MEANING COMMISSION OR
                   COMMISSION DIVISION
  Sec. 521.0003.  REFERENCES IN LAW MEANING EXECUTIVE
                   COMMISSIONER, EXECUTIVE
                   COMMISSIONER'S DESIGNEE, OR DIVISION
                   DIRECTOR
  Sec. 521.0004.  REFERENCES IN LAW TO PROVISIONS DERIVED
                   FROM FORMER CHAPTER 531
  CHAPTER 521. GENERAL PROVISIONS
         Sec. 521.0001.  DEFINITIONS. In this subtitle:
               (1)  "Child health plan program" means the programs
  established under Chapters 62 and 63, Health and Safety Code.
               (2)  "Commission" means the Health and Human Services
  Commission.
               (3)  "Executive commissioner" means the executive
  commissioner of the commission.
               (4)  "Executive council" means the council established
  under Subchapter C, Chapter 523.
               (5)  "Health and human services agencies" includes the
  Department of State Health Services.
               (6)  "Health and human services system" means the
  system for providing or otherwise administering health and human
  services in this state by the commission, including through:
                     (A)  an office or division of the commission; or
                     (B)  another entity under the administrative and
  operational control of the executive commissioner.
               (7)  "Home telemonitoring service" means a health
  service that requires scheduled remote monitoring of data related
  to a patient's health and transmission of the data to a licensed
  home and community support services agency or hospital, as those
  terms are defined by Section 548.0251.
               (8)  "Medicaid" means the medical assistance program
  established under Chapter 32, Human Resources Code.
               (9)  "Medicaid managed care organization" means a
  managed care organization as defined by Section 540.0001 that
  contracts with the commission under Chapter 540 or 540A to provide
  health care services to Medicaid recipients.
               (10)  "Platform" means the technology, system,
  software, application, modality, or other method through which a
  health professional remotely interfaces with a patient when
  providing a health care service or procedure as a telemedicine
  medical service, teledentistry dental service, or telehealth
  service.
               (11)  "Section 1915(c) waiver program" means a
  federally funded state Medicaid program authorized under Section
  1915(c) of the Social Security Act (42 U.S.C. Section 1396n(c)).
               (12)  "Teledentistry dental service," "telehealth
  service," and "telemedicine medical service" have the meanings
  assigned by Section 111.001, Occupations Code. (Gov. Code, Secs.
  531.001(1-a), (2), (3), (3-a), (4), (4-a), (4-b), (4-c), (4-d),
  (6), (6-a), (7), (8); New.)
         Sec. 521.0002.  REFERENCES IN LAW MEANING COMMISSION OR
  COMMISSION DIVISION. (a) This section applies notwithstanding
  Section 521.0001(5).
         (b)  A reference in any law to any of the following state
  agencies or entities in relation to a function transferred to the
  commission under Section 531.0201, 531.02011, or 531.02012, as
  those sections existed immediately before their expiration on
  September 1, 2023, means the commission or the division of the
  commission performing the function previously performed by the
  state agency or entity before the transfer, as appropriate:
               (1)  health and human services agency;
               (2)  the Department of State Health Services;
               (3)  the Department of Aging and Disability Services;
               (4)  subject to Chapter 316 (H.B. 5), Acts of the 85th
  Legislature, Regular Session, 2017, the Department of Family and
  Protective Services; or
               (5)  the Department of Assistive and Rehabilitative
  Services.
         (c)  Notwithstanding any other law, a reference in any law to
  any of the following state agencies or entities in relation to a
  function transferred to the commission under Section 531.0201,
  531.02011, or 531.02012, as those sections existed immediately
  before their expiration on September 1, 2023, from the state agency
  that assumed the relevant function in accordance with Chapter 198
  (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003,
  means the commission or the division of the commission performing
  the function previously performed by the agency that assumed the
  function before the transfer, as appropriate:
               (1)  the Texas Department on Aging;
               (2)  the Texas Commission on Alcohol and Drug Abuse;
               (3)  the Texas Commission for the Blind;
               (4)  the Texas Commission for the Deaf and Hard of
  Hearing;
               (5)  the Texas Department of Health;
               (6)  the Texas Department of Human Services;
               (7)  the Texas Department of Mental Health and Mental
  Retardation;
               (8)  the Texas Rehabilitation Commission;
               (9)  the Texas Health Care Information Council; or
               (10)  the Interagency Council on Early Childhood
  Intervention.
         (d)  Notwithstanding any other law and subject to Chapter 316
  (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, a
  reference in any law to the Department of Protective and Regulatory
  Services in relation to a function transferred under Section
  531.0201, 531.02011, or 531.02012, as those sections existed
  immediately before their expiration on September 1, 2023, from the
  Department of Family and Protective Services means the commission
  or the division of the commission performing the function
  previously performed by the Department of Family and Protective
  Services before the transfer. (Gov. Code, Sec. 531.0011.)
         Sec. 521.0003.  REFERENCES IN LAW MEANING EXECUTIVE
  COMMISSIONER, EXECUTIVE COMMISSIONER'S DESIGNEE, OR DIVISION
  DIRECTOR. (a) A reference in any law to any of the following
  persons in relation to a function transferred to the commission
  under Section 531.0201, 531.02011, or 531.02012, as those sections
  existed immediately before their expiration on September 1, 2023,
  means the executive commissioner, the executive commissioner's
  designee, or the director of the commission division performing the
  function previously performed by the state agency from which the
  function was transferred and that the person represented, as
  appropriate:
               (1)  the commissioner of aging and disability services;
               (2)  the commissioner of assistive and rehabilitative
  services;
               (3)  the commissioner of state health services; or
               (4)  subject to Chapter 316 (H.B. 5), Acts of the 85th
  Legislature, Regular Session, 2017, the commissioner of the
  Department of Family and Protective Services.
         (b)  Notwithstanding any other law and subject to Chapter 316
  (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, a
  reference in any law to any of the following persons or entities in
  relation to a function transferred to the commission under Section
  531.0201, 531.02011, or 531.02012, as those sections existed
  immediately before their expiration on September 1, 2023, from the
  state agency that assumed or continued to perform the function in
  accordance with Chapter 198 (H.B. 2292), Acts of the 78th
  Legislature, Regular Session, 2003, means the executive
  commissioner or the director of the commission division performing
  the function performed before the enactment of Chapter 198 (H.B.
  2292) by the state agency that was abolished or renamed by Chapter
  198 (H.B. 2292) and that the person or entity represented:
               (1)  an executive director or other chief
  administrative officer of a state agency listed in Section
  521.0002(c) or of the Department of Protective and Regulatory
  Services; or
               (2)  the governing body of a state agency listed in
  Section 521.0002(c) or of the Department of Protective and
  Regulatory Services.
         (c)  A reference to any of the following councils means the
  executive commissioner or the executive commissioner's designee,
  as appropriate, and a function of any of the following councils is a
  function of that appropriate person:
               (1)  the Health and Human Services Council;
               (2)  the Aging and Disability Services Council;
               (3)  the Assistive and Rehabilitative Services
  Council;
               (4)  subject to Chapter 316 (H.B. 5), Acts of the 85th
  Legislature, Regular Session, 2017, the Family and Protective
  Services Council; or
               (5)  the State Health Services Council. (Gov. Code,
  Sec. 531.0012.)
         Sec. 521.0004.  REFERENCES IN LAW TO PROVISIONS DERIVED FROM
  FORMER CHAPTER 531. A reference in any law to "revised provisions
  derived from Chapter 531, as that chapter existed on March 31,
  2025," is a reference to the following:
               (1)  Sections 532.0051, 532.0052, 532.0053, 532.0054,
  532.0055, 532.0057, 532.0058, 532.0059, 532.0060, 532.0061, and
  540.0051;
               (2)  Subchapters B, C, D, E, F, G, H, I, and J, Chapter
  532, Subchapters A, B, C, D, E, F, G, H, and I, Chapter 548, and
  Subchapters D, D-1, and E, Chapter 550; and
               (3)  this chapter and Chapters 522, 523, 524, 525, 526,
  544, 545, 546, 547, and 549. (New.)
  CHAPTER 522. PROVISIONS APPLICABLE TO ALL HEALTH AND HUMAN
  SERVICES AGENCIES AND CERTAIN OTHER STATE ENTITIES
  SUBCHAPTER A. FISCAL PROVISIONS
  Sec. 522.0001.  LEGISLATIVE APPROPRIATIONS REQUEST BY
                   HEALTH AND HUMAN SERVICES AGENCY
  Sec. 522.0002.  ACCEPTANCE OF CERTAIN GIFTS AND GRANTS
                   BY HEALTH AND HUMAN SERVICES AGENCY
  SUBCHAPTER B. CONTRACTS
  Sec. 522.0051.  NEGOTIATION AND REVIEW OF CERTAIN
                   CONTRACTS FOR HEALTH CARE PURPOSES
  Sec. 522.0052.  PERFORMANCE STANDARDS FOR CONTRACTED
                   SERVICES PROVIDED TO INDIVIDUALS WITH
                   LIMITED ENGLISH PROFICIENCY
  SUBCHAPTER C. DATA SHARING
  Sec. 522.0101.  SHARING OF DATA RELATED TO CERTAIN
                   GENERAL REVENUE FUNDED PROGRAMS
  SUBCHAPTER D. COORDINATION OF MULTIAGENCY SERVICES
  Sec. 522.0151.  DEFINITION
  Sec. 522.0152.  APPLICABILITY OF SUBCHAPTER TO CERTAIN
                   STATE ENTITIES
  Sec. 522.0153.  MEMORANDUM OF UNDERSTANDING REQUIRED
  Sec. 522.0154.  DEVELOPMENT AND IMPLEMENTATION OF
                   MEMORANDUM OF UNDERSTANDING
  Sec. 522.0155.  CONTENTS OF MEMORANDUM OF UNDERSTANDING
  Sec. 522.0156.  ADOPTION OF MEMORANDUM OF
                   UNDERSTANDING; REVISIONS
  Sec. 522.0157.  STATE-LEVEL INTERAGENCY STAFFING GROUP
                   DUTIES; BIENNIAL REPORT
  SUBCHAPTER E. PUBLIC ACCESS TO MEETINGS
  Sec. 522.0201.  DEFINITION
  Sec. 522.0202.  ADDITIONAL APPLICABILITY TO CERTAIN
                   ADVISORY BODIES
  Sec. 522.0203.  INTERNET BROADCAST AND ARCHIVE OF OPEN
                   MEETING
  Sec. 522.0204.  INTERNET NOTICE OF OPEN MEETING
  Sec. 522.0205.  EXEMPTION UNDER CERTAIN CIRCUMSTANCES
  Sec. 522.0206.  CONTRACTING AUTHORIZED
  SUBCHAPTER F.  FACILITIES
  Sec. 522.0251.  LEASE OR SUBLEASE OF CERTAIN OFFICE
                   SPACE
  Sec. 522.0252.  ASSUMPTION OF LEASE FOR IMPLEMENTATION
                   OF INTEGRATED ENROLLMENT SERVICES
                   INITIATIVE
  Sec. 522.0253.  PREREQUISITES FOR ESTABLISHING NEW
                   HEALTH AND HUMAN SERVICES FACILITY IN
                   CERTAIN COUNTIES
  CHAPTER 522. PROVISIONS APPLICABLE TO ALL HEALTH AND HUMAN
  SERVICES AGENCIES AND CERTAIN OTHER STATE ENTITIES
  SUBCHAPTER A. FISCAL PROVISIONS
         Sec. 522.0001.  LEGISLATIVE APPROPRIATIONS REQUEST BY
  HEALTH AND HUMAN SERVICES AGENCY. (a) Each health and human
  services agency shall submit to the commission a biennial agency
  legislative appropriations request on a date determined by
  commission rule.
         (b)  A health and human services agency may not submit the
  agency's legislative appropriations request to the legislature or
  the governor until the commission reviews and comments on the
  request. (Gov. Code, Sec. 531.027.)
         Sec. 522.0002.  ACCEPTANCE OF CERTAIN GIFTS AND GRANTS BY
  HEALTH AND HUMAN SERVICES AGENCY. (a) Subject to the executive
  commissioner's written approval, a health and human services agency
  may accept a gift or grant of money, drugs, equipment, or any other
  item of value from a pharmaceutical manufacturer, distributor,
  provider, or other entity engaged in a pharmaceutical-related
  business.
         (b)  Chapter 575 does not apply to a gift or grant under this
  section.
         (c)  The executive commissioner may adopt rules and
  procedures to implement this section. The rules must ensure that
  acceptance of a gift or grant under this section:
               (1)  is consistent with federal laws and regulations;
  and
               (2)  does not adversely affect federal financial
  participation in any state program, including Medicaid.
         (d)  This section does not affect the commission's or a
  health and human services agency's authority under other law to
  accept a gift or grant from a person other than a pharmaceutical
  manufacturer, distributor, provider, or other entity engaged in a
  pharmaceutical-related business. (Gov. Code, Sec. 531.0381.)
  SUBCHAPTER B. CONTRACTS
         Sec. 522.0051.  NEGOTIATION AND REVIEW OF CERTAIN CONTRACTS
  FOR HEALTH CARE PURPOSES. (a) This section applies to a contract
  with a contract amount of $250 million or more:
               (1)  under which a person will provide goods or
  services in connection with the provision of medical or health care
  services, coverage, or benefits; and
               (2)  that will be entered into by the person and:
                     (A)  the commission;
                     (B)  a health and human services agency; or
                     (C)  any other state agency under the commission's
  jurisdiction.
         (b)  An agency described by Subsection (a)(2) must notify the
  office of the attorney general at the time the agency initiates the
  planning phase of the contracting process for a contract described
  by Subsection (a). A representative of the office of the attorney
  general or another attorney advising the agency as provided by
  Subsection (d) may:
               (1)  participate in negotiations or discussions with
  proposed contractors; and
               (2)  be physically present during those negotiations or
  discussions.
         (c)  Notwithstanding any other law, before an agency
  described by Subsection (a)(2) may enter into a contract described
  by Subsection (a), a representative of the office of the attorney
  general shall review the form and terms of the contract and may make
  recommendations to the agency for changes to the contract if the
  attorney general determines that the office of the attorney general
  has sufficient subject matter expertise and resources available to
  provide this service.
         (d)  If the attorney general determines that the office of
  the attorney general does not have sufficient subject matter
  expertise or resources available to provide the services described
  by this section, the office of the attorney general may require the
  agency described by Subsection (a)(2) to enter into an interagency
  agreement or obtain outside legal services under Section 402.0212
  for the provision of services described by this section.
         (e)  The agency described by Subsection (a)(2) shall provide
  to the office of the attorney general any information the office of
  the attorney general determines is necessary to administer this
  section. (Gov. Code, Sec. 531.018.)
         Sec. 522.0052.  PERFORMANCE STANDARDS FOR CONTRACTED
  SERVICES PROVIDED TO INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY.
  (a) This section does not apply to 2-1-1 services provided by the
  Texas Information and Referral Network.
         (b)  Each contract with the commission or a health and human
  services agency that requires the provision of call center services
  or written communications related to call center services must
  include performance standards that measure the effectiveness,
  promptness, and accuracy of the contractor's oral and written
  communications with individuals with limited English proficiency.
         (c)  A person who seeks to enter into a contract described by
  Subsection (b) must include in the bid or other applicable
  expression of interest for the contract a proposal for providing
  call center services or written communications related to call
  center services to individuals with limited English proficiency.
  The proposal must include a language access plan that describes how
  the contractor will:
               (1)  achieve any performance standards described in the
  request for bids or other applicable expressions of interest;
               (2)  identify individuals who need language
  assistance;
               (3)  provide language assistance measures, including
  the translation of forms into languages other than English and the
  provision of translators and interpreters;
               (4)  inform individuals with limited English
  proficiency of the language services available to them and how to
  obtain those services;
               (5)  develop and implement qualifications for
  bilingual staff; and
               (6)  monitor compliance with the plan.
         (d)  In determining which bid or other applicable expression
  of interest offers the best value, the commission or a health and
  human services agency, as applicable, shall evaluate the extent to
  which the proposal for providing call center services or written
  communications related to call center services in languages other
  than English will provide meaningful access to the services for
  individuals with limited English proficiency.
         (e)  In determining the extent to which a proposal will
  provide meaningful access under Subsection (d), the commission or
  health and human services agency, as applicable, shall consider:
               (1)  the language access plan described by Subsection
  (c);
               (2)  the number or proportion of individuals with
  limited English proficiency in the commission's or agency's
  eligible service population;
               (3)  the frequency with which individuals with limited
  English proficiency seek information regarding the commission's or
  agency's programs;
               (4)  the importance of the services provided by the
  commission's or agency's programs; and
               (5)  the resources available to the commission or
  agency.
         (f)  The commission or health and human services agency, as
  applicable, shall avoid selecting a contractor that the commission
  or agency reasonably believes will:
               (1)  provide information in languages other than
  English that is limited in scope;
               (2)  unreasonably delay the provision of information in
  languages other than English; or
               (3)  provide program information, including forms,
  notices, and correspondence, in English only. (Gov. Code, Sec.
  531.0191.)
  SUBCHAPTER C. DATA SHARING
         Sec. 522.0101.  SHARING OF DATA RELATED TO CERTAIN GENERAL
  REVENUE FUNDED PROGRAMS. To the extent permitted under federal law
  and notwithstanding any provision of Chapter 191 or 192, Health and
  Safety Code, the commission and other health and human services
  agencies shall share data to facilitate patient care coordination,
  quality improvement, and cost savings in Medicaid, the child health
  plan program, and other health and human services programs funded
  using money appropriated from the general revenue fund. (Gov. Code,
  Sec. 531.024(a-1).)
  SUBCHAPTER D. COORDINATION OF MULTIAGENCY SERVICES
         Sec. 522.0151.  DEFINITION. In this subchapter, "least
  restrictive setting" means a service setting for an individual
  that, in comparison to other available service settings:
               (1)  is most able to meet the individual's identified
  needs;
               (2)  prioritizes a home and community-based care
  setting; and
               (3)  engages the strengths of the family. (Gov. Code,
  Sec. 531.055(f).)
         Sec. 522.0152.  APPLICABILITY OF SUBCHAPTER TO CERTAIN STATE
  ENTITIES. This subchapter applies to the following state entities:
               (1)  the commission;
               (2)  the Department of Family and Protective Services;
               (3)  the Department of State Health Services;
               (4)  the Texas Education Agency;
               (5)  the Texas Correctional Office on Offenders with
  Medical or Mental Impairments;
               (6)  the Texas Department of Criminal Justice;
               (7)  the Texas Department of Housing and Community
  Affairs;
               (8)  the Texas Workforce Commission; and
               (9)  the Texas Juvenile Justice Department. (Gov. Code,
  Sec. 531.055(a) (part).)
         Sec. 522.0153.  MEMORANDUM OF UNDERSTANDING REQUIRED. The
  state entities to which this subchapter applies shall enter into a
  joint memorandum of understanding to promote a system of
  local-level interagency staffing groups for the identification and
  coordination of services for individuals needing multiagency
  services that:
               (1)  are to be provided in the least restrictive
  setting appropriate; and
               (2)  use residential, institutional, or congregate
  care settings only as a last resort. (Gov. Code, Sec. 531.055(a)
  (part).)
         Sec. 522.0154.  DEVELOPMENT AND IMPLEMENTATION OF
  MEMORANDUM OF UNDERSTANDING. (a)  The division within the
  commission that coordinates the policy for and delivery of mental
  health services shall oversee the development and implementation of
  the memorandum of understanding required by this subchapter.
         (b)  The state entities that participate in developing the
  memorandum of understanding shall consult with and solicit input
  from advocacy and consumer groups. (Gov. Code, Secs. 531.055(a)
  (part), (c).)
         Sec. 522.0155.  CONTENTS OF MEMORANDUM OF UNDERSTANDING.
  The memorandum of understanding required by this subchapter must:
               (1)  clarify the statutory responsibilities of each
  state entity to which this subchapter applies in relation to
  individuals needing multiagency services, including subcategories
  for different services such as:
                     (A)  family preservation and strengthening;
                     (B)  physical and behavioral health care;
                     (C)  prevention and early intervention services,
  including services designed to prevent:
                           (i)  child abuse;
                           (ii)  neglect; or
                           (iii)  delinquency, truancy, or school
  dropout;
                     (D)  diversion from juvenile or criminal justice
  involvement;
                     (E)  housing;
                     (F)  aging in place;
                     (G)  emergency shelter;
                     (H)  residential care;
                     (I)  after-care;
                     (J)  information and referral; and
                     (K)  investigation services;
               (2)  include a functional definition of "individuals
  needing multiagency services";
               (3)  outline membership, officers, and necessary
  standing committees of local-level interagency staffing groups;
               (4)  define procedures aimed at eliminating
  duplication of services relating to assessment and diagnosis,
  treatment, residential placement and care, and case management of
  individuals needing multiagency services;
               (5)  define procedures for addressing disputes between
  the state entities that relate to the entities' areas of service
  responsibilities;
               (6)  provide that each local-level interagency
  staffing group includes:
                     (A)  a local representative of each state entity;
                     (B)  representatives of local private sector
  agencies; and
                     (C)  family members or caregivers of individuals
  needing multiagency services or other current or previous consumers
  of multiagency services acting as general consumer advocates;
               (7)  provide that the local representative of each
  state entity has authority to contribute entity resources to
  solving problems identified by the local-level interagency
  staffing group;
               (8)  provide that if an individual's needs exceed the
  resources of a state entity, the entity may, with the consent of the
  individual's legal guardian, if applicable, submit a referral on
  behalf of the individual to the local-level interagency staffing
  group for consideration;
               (9)  provide that a local-level interagency staffing
  group may be called together by a representative of any member state
  entity;
               (10)  provide that a state entity representative may be
  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
  Sec. 524.0202.  CENTRALIZED SYSTEM OF ADMINISTRATIVE
                   SUPPORT SERVICES
  Sec. 524.0203.  PRINCIPLES FOR AND REQUIREMENTS OF
                   CENTRALIZED SYSTEM; MEMORANDUM OF
                   UNDERSTANDING
  SUBCHAPTER F.  LEGISLATIVE OVERSIGHT
  Sec. 524.0251.  OVERSIGHT BY LEGISLATIVE COMMITTEES
  Sec. 524.0252.  INFORMATION PROVIDED TO LEGISLATIVE
                   COMMITTEES
  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.
  (a) The commission shall:
               (1)  supervise the administration and operation of
  Medicaid, including the administration and operation of the
  Medicaid managed care system in accordance with Sections 532.0051
  and 532.0057;
               (2)  perform information resources planning and
  management for the health and human services system under Section
  525.0251, with:
                     (A)  the provision of information technology
  services for the health and human services system as a centralized
  administrative support service performed either by commission
  personnel or under a contract with the commission; and
                     (B)  an emphasis on research and implementation on
  a demonstration or pilot basis of appropriate and efficient uses of
  new and existing technology to improve the operation of the health
  and human services system and delivery of health and human
  services;
               (3)  monitor and ensure the effective use of all
  federal funds received for the health and human services system in
  accordance with Section 525.0052 and the General Appropriations
  Act;
               (4)  implement Texas Integrated Enrollment Services as
  required by Subchapter A, Chapter 545, except that notwithstanding
  that subchapter, the commission is responsible for determining and
  must centralize benefits eligibility under the following programs:
                     (A)  the child health plan program;
                     (B)  the financial assistance program under
  Chapter 31, Human Resources Code;
                     (C)  Medicaid;
                     (D)  the supplemental nutrition assistance
  program under Chapter 33, Human Resources Code;
                     (E)  long-term care services as defined by Section
  22.0011, Human Resources Code;
                     (F)  community-based support services identified
  or provided in accordance with Subchapter D, Chapter 546; and
                     (G)  other health and human services programs, as
  appropriate; and
               (5)  implement programs intended to prevent family
  violence and provide services to victims of family violence.
         (b)  The commission shall implement the powers and duties
  given to the commission under Sections 525.0002, 525.0153,
  2155.144, and 2167.004.
         (c)  After implementing the commission's duties under
  Subsections (a) and (b), the commission shall implement the powers
  and duties given to the commission under Section 525.0160.
         (d)  Nothing in the priorities established by this section is
  intended to limit the commission's authority to work simultaneously
  to achieve the multiple tasks assigned to the commission in this
  section and Section 524.0202(a)(1) when that approach is beneficial
  in the commission's judgment.  (Gov. Code, Secs. 531.0055(b), (c),
  (d) (part).)
         Sec. 524.0002.  GENERAL RESPONSIBILITY OF EXECUTIVE
  COMMISSIONER FOR HEALTH AND HUMAN SERVICES SYSTEM.  (a)  The
  executive commissioner, as necessary to perform the functions
  described by Section 524.0001 and Subchapter E in implementing
  applicable policies the executive commissioner establishes for a
  health and human services agency or division, shall:
               (1)  manage and direct the operations of each agency or
  division, as applicable;
               (2)  supervise and direct the activities of each agency
  commissioner or division director, as applicable; and
               (3)  be responsible for the administrative supervision
  of the internal audit program for the agencies, including:
                     (A)  selecting the director of internal audit;
                     (B)  ensuring the director of internal audit
  reports directly to the executive commissioner; and
                     (C)  ensuring the independence of the internal
  audit function.
         (b)  The executive commissioner's operational authority and
  responsibility for purposes of Subsection (a) and Section
  524.0151(a)(2) for each health and human services agency or
  division, as applicable, includes authority over and
  responsibility for:
               (1)  daily operations management of the agency or
  division, including the organization, management, and operating
  procedures of the agency or division;
               (2)  resource allocation within the agency or division,
  including the use of federal funds the agency or division receives;
               (3)  personnel and employment policies;
               (4)  contracting, purchasing, and related policies,
  subject to this chapter and other laws relating to contracting and
  purchasing by a state agency;
               (5)  information resources systems the agency or
  division uses;
               (6)  facility location; and
               (7)  the coordination of agency or division activities
  with activities of other components of the health and human
  services system and state agencies.  (Gov. Code, Secs. 531.0055(a)
  (part), (e) (part), (f).)
         Sec. 524.0003.  ADOPTION OR APPROVAL OF PAYMENT RATES.  
  Notwithstanding any other law, the executive commissioner's
  operational authority and responsibility for purposes of Sections
  524.0002(a) and 524.0151(a)(2) for each health and human services
  agency or division, as applicable, include the authority and
  responsibility to adopt or approve, subject to applicable
  limitations, any payment rate or similar provision a health and
  human services agency is required by law to adopt or approve.  (Gov.
  Code, Sec. 531.0055(g).)
         Sec. 524.0004.  PROGRAM TO EVALUATE AND SUPERVISE DAILY
  OPERATIONS.  (a)  For each health and human services agency and
  division, as applicable, the executive commissioner shall
  implement a program to evaluate and supervise daily operations.
         (b)  The program must include:
               (1)  measurable performance objectives for each agency
  commissioner or division director; and
               (2)  adequate reporting requirements to permit the
  executive commissioner to perform the duties assigned to the
  executive commissioner under:
                     (A)  this subchapter;
                     (B)  Sections 524.0101(a), 524.0151(a)(2) and
  (b), and 525.0254(b); and
                     (C)  Section 524.0202 with respect to the health
  and human services system. (Gov. Code, Secs. 531.0055(a) (part),
  (h).)
         Sec. 524.0005.  RULES. The executive commissioner shall
  adopt rules to implement the executive commissioner's authority
  under this subchapter with respect to the health and human services
  system. (Gov. Code, Sec. 531.0055(j).)
  SUBCHAPTER B. COMMISSIONERS OF HEALTH AND HUMAN SERVICES AGENCIES
         Sec. 524.0051.  APPOINTMENT OF AGENCY COMMISSIONER BY
  EXECUTIVE COMMISSIONER. (a) The executive commissioner, with the
  governor's approval, shall appoint a commissioner for each health
  and human services agency.
         (b)  A health and human services agency commissioner serves
  at the executive commissioner's pleasure. (Gov. Code, Secs.
  531.0055(a) (part), 531.0056(a), (b).)
         Sec. 524.0052.  EVALUATION OF AGENCY COMMISSIONER. Based on
  the performance objectives outlined in the memorandum of
  understanding entered into under Section 524.0101(a), the
  executive commissioner shall perform an employment evaluation of
  each health and human services agency commissioner. The executive
  commissioner shall submit the evaluation to the governor not later
  than January 1 of each even-numbered year. (Gov. Code, Secs.
  531.0055(a) (part), 531.0056(c) (part), (e), (f).)
  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. (a) The executive commissioner and each health and
  human services agency commissioner shall enter into a memorandum of
  understanding in the manner prescribed by Section 524.0102 that:
               (1)  clearly defines the responsibilities of the
  executive commissioner and the commissioner, including:
                     (A)  the responsibility of the commissioner to:
                           (i)  report to the governor; and
                           (ii)  report to and implement policies of
  the executive commissioner; and
                     (B)  the extent to which the commissioner acts as
  a liaison between the health and human services agency the
  commissioner serves and the commission;
               (2)  establishes the program to evaluate and supervise
  daily operations required by Section 524.0004;
               (3)  describes each power or duty delegated to a
  commissioner; and
               (4)  ensures the commission and each health and human
  services agency has access to databases or other information each
  other agency maintains or keeps that is necessary for the operation
  of a function the commission or the health and human services agency
  performs, to the extent not prohibited by other law.
         (b)  The memorandum of understanding must also outline
  specific performance objectives, as the executive commissioner
  defines, to be fulfilled by the health and human services agency
  commissioner with whom the executive commissioner enters into the
  memorandum of understanding, including the performance objectives
  required by Section 524.0004.  (Gov. Code, Secs. 531.0055(a)
  (part), (k), 531.0056(c), (d).)
         Sec. 524.0102.  ADOPTION AND AMENDMENT OF MEMORANDUM OF
  UNDERSTANDING. (a) The executive commissioner by rule shall adopt
  the memorandum of understanding under Section 524.0101 in
  accordance with the procedures prescribed by Subchapter B, Chapter
  2001, for adopting rules, except that the requirements of Sections
  2001.033(a)(1)(A) and (C) do not apply with respect to any part of
  the memorandum of understanding that:
               (1)  concerns only internal management or organization
  within or among health and human services agencies and does not
  affect private rights or procedures; or
               (2)  relates solely to the internal personnel practices
  of health and human services agencies.
         (b)  The memorandum of understanding may be amended only by
  following the procedures prescribed by Subsection (a).  (Gov. Code,
  Sec. 531.0163.)
  SUBCHAPTER D.  RULES AND POLICIES FOR HEALTH AND HUMAN SERVICES
         Sec. 524.0151.  AUTHORITY TO ADOPT RULES AND POLICIES. (a)
  The executive commissioner shall:
               (1)  adopt rules necessary to carry out the
  commission's duties under Chapter 531 and revised provisions
  derived from Chapter 531, as that chapter existed on March 31, 2025;
  and
               (2)  notwithstanding any other law, adopt rules and
  policies for the operation of the health and human services system
  and the provision of health and human services by that system.
         (b)  Notwithstanding any other law, the executive
  commissioner has the authority to adopt rules and policies
  governing:
               (1)  the delivery of services to persons the health and
  human services system serves; and
               (2)  the rights and duties of persons the system serves
  or regulates.  (Gov. Code, Secs. 531.0055(e) (part), (l), 531.033.)
         Sec. 524.0152.  PROCEDURES FOR ADOPTING RULES AND POLICIES.
  (a) The executive commissioner shall develop procedures for
  adopting rules for the health and human services agencies.  The
  procedures must specify the manner in which the agencies may
  participate in the rulemaking process.
         (b)  A health and human services agency shall assist the
  executive commissioner in developing policies and guidelines
  needed for the administration of the agency's functions and shall
  submit any proposed policies and guidelines to the executive
  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.)
         Sec. 524.0153.  POLICY FOR NEGOTIATED RULEMAKING AND
  ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The commission
  shall develop and implement a policy for the commission and each
  health and human services agency to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008 for the adoption of rules for the commission and each agency;
  and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009 to assist in the resolution of
  internal and external disputes under the commission's or agency's
  jurisdiction.
         (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
  the use of alternative dispute resolution by state agencies.
         (c)  The commission shall:
               (1)  coordinate the implementation of the policy
  developed under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.  (Gov. Code, Sec. 531.0161.)
         Sec. 524.0154.  PERSON FIRST RESPECTFUL LANGUAGE PROMOTION.
  The executive commissioner shall ensure that the commission and
  each health and human services agency use the terms and phrases
  listed as preferred under the person first respectful language
  initiative in Chapter 392 when proposing, adopting, or amending the
  commission's or agency's rules, reference materials, publications,
  or electronic media. (Gov. Code, Sec. 531.0227.)
  SUBCHAPTER E. ADMINISTRATIVE SUPPORT SERVICES
         Sec. 524.0201.  DEFINITION. In this subchapter,
  "administrative support services" includes strategic planning and
  evaluation, audit, legal, human resources, information resources,
  purchasing, contracting, financial management, and accounting
  services. (Gov. Code, Sec. 531.00553(a).)
         Sec. 524.0202.  CENTRALIZED SYSTEM OF ADMINISTRATIVE
  SUPPORT SERVICES. (a) Subject to Section 524.0203(a), the
  executive commissioner shall plan and implement an efficient and
  effective centralized system of administrative support services
  for:
               (1)  the health and human services system; and
               (2)  the Department of Family and Protective Services.
         (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
  respect to that system.  (Gov. Code, Secs. 531.0055(d) (part), (j),
  531.00553(b).)
         Sec. 524.0203.  PRINCIPLES FOR AND REQUIREMENTS OF
  CENTRALIZED SYSTEM; MEMORANDUM OF UNDERSTANDING.  (a)  The
  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),
  (d).)
  SUBCHAPTER F.  LEGISLATIVE OVERSIGHT
         Sec. 524.0251.  OVERSIGHT BY LEGISLATIVE COMMITTEES. The
  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).)
 
  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
  later than the 20th day after the date the attorney general sends
  the notice under Section 526.0255, the hospital receiving the
  notice must submit a written request for a hearing or remit the
  amount of the administrative penalty to the attorney general.
  Failure to timely request a hearing or remit the amount of the
  adminis