reglab/housing_qa huggingface dataset:
TX Hum Res Code § 161.082 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. Powers and Duties of Department|Section 161.082. Long-Term Care Medicaid Waiver Programs: Utilization Review

Sec. 161.082.  LONG-TERM CARE MEDICAID WAIVER PROGRAMS:  UTILIZATION REVIEW.  (a)  In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 531.001, Government Code.(b)  The department shall perform a utilization review of services in all Section 1915(c) waiver programs.  The utilization review must include, at a minimum, reviewing program recipients' levels of care and any plans of care for those recipients that exceed service level thresholds established in the applicable waiver program guidelines.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.06(b), eff. September 28, 2011.|
TX Hum Res Code § 161.083 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. Powers and Duties of Department|Section 161.083. Corrections Medication Aides

Sec. 161.083.  CORRECTIONS MEDICATION AIDES.  (a)  The executive commissioner shall establish:(1)  minimum standards and procedures for the approval of corrections medication aide training programs, including curricula, developed under Section 501.1485, Government Code;(2)  minimum requirements for the issuance, denial, renewal, suspension, and revocation of a permit to a corrections medication aide, including the payment of an application or renewal fee in an amount necessary to cover the costs incurred by the department in administering this section; and(3)  the acts and practices that are within and outside the scope of a permit issued under this section.(b)  Not later than the 90th day after receipt of an application for approval of a corrections medication aide training program developed under Section 501.1485, Government Code, the department shall:(1)  approve the program, if the program meets the minimum standards and procedures established under Subsection (a)(1); or(2)  provide notice to the Texas Department of Criminal Justice that the program is not approved and include in the notice a description of the actions that are required for the program to be approved.(c)  The department shall issue a permit to or renew the permit of an applicant who meets the minimum requirements established under Subsection (a)(2).  The department shall coordinate with the Texas Department of Criminal Justice in the performance of the department's duties and functions under this subsection.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 65.06, eff. September 28, 2011.|
TX Hum Res Code § 161.084 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. Powers and Duties of Department|Section 161.084. Medicaid Service Options Public Education Initiative

Sec. 161.084.  MEDICAID SERVICE OPTIONS PUBLIC EDUCATION INITIATIVE.  (a)  In this section, "Section 1915(c) waiver program" has the meaning assigned by Section 531.001, Government Code.(b)  The department, in cooperation with the commission, shall educate the public on:(1)  the availability of home and community-based services under a Medicaid state plan program, including the primary home care and community attendant services programs, and under a Section 1915(c) waiver program; and(2)  the various service delivery options available under the Medicaid program, including the consumer direction models available to recipients under Section 531.051, Government Code.(c)  The department may coordinate the activities under this section with any other related activity.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1057 (S.B. 222), Sec. 3, eff. September 1, 2011.|
TX Hum Res Code § 161.085 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. Powers and Duties of Department|Section 161.085. Interest List Reporting

Sec. 161.085.  INTEREST LIST REPORTING.  The department shall post on the department's Internet website historical data, categorized by state fiscal year, on the percentages of individuals who elect to receive services under a program for which the department maintains an interest list once their names reach the top of the list.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1057 (S.B. 222), Sec. 3, eff. September 1, 2011.|
TX Hum Res Code § 161.086 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. Powers and Duties of Department|Section 161.086. Electronic Visit Verification System

Sec. 161.086.  ELECTRONIC VISIT VERIFICATION SYSTEM.  If it is cost-effective, the department shall implement an electronic visit verification system under appropriate programs administered by the department under the Medicaid program that allows providers to electronically verify and document basic information relating to the delivery of services, including:(1)  the provider's name;(2)  the recipient's name;(3)  the date and time the provider begins and ends the delivery of services; and(4)  the location of service delivery.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.07, eff. September 28, 2011.|
TX Hum Res Code § 161.087 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. Powers and Duties of Department|Section 161.087. Gifts and Grants

Sec. 161.087.  GIFTS AND GRANTS.  (a)  The department may accept gifts and grants of money, personal property, and real property from public or private sources to expand and improve the human services programs for the aging and persons with disabilities available in this state.(b)  The department shall use a gift or grant of money, personal property, or real property made for a specific purpose in accordance with the purpose expressly prescribed by the donor.  The department may decline the gift or grant if the department determines that it cannot be economically used for that purpose.(c)  The department shall keep a record of each gift or grant in the department's central office in the city of Austin.|Added by Acts 2013, 83rd Leg., R.S., Ch. 320 (H.B. 1760), Sec. 2, eff. June 14, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.454, eff. April 2, 2015.|
TX Hum Res Code § 161.088 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. Powers and Duties of Department|Section 161.088. Trauma-Informed Care Training

Sec. 161.088.  TRAUMA-INFORMED CARE TRAINING.  (a)  The department shall develop or adopt trauma-informed care training for employees who work directly with individuals with intellectual and developmental disabilities in state supported living centers and intermediate care facilities.  The executive commissioner by rule shall require new employees to complete the training before working with individuals with intellectual and developmental disabilities.(b)  The training required under this section may be provided through an Internet website.|Added by Acts 2015, 84th Leg., R.S., Ch. 796 (H.B. 2789), Sec. 1, eff. September 1, 2015.|
TX Hum Res Code § 161.0891 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. Powers and Duties of Department|Section 161.0891. Amelioration Process

Sec. 161.0891.  AMELIORATION PROCESS.  (a)  In lieu of demanding payment of an administrative penalty assessed under Section 161.089, the commission may, in accordance with this section, allow the provider subject to the penalty to use, under the supervision of the commission, any portion of the amount of the penalty to ameliorate the violation or to improve services in the waiver program in which the provider participates.(b)  The commission shall offer amelioration to a provider under this section not later than the 10th day after the date the provider receives from the commission a final notification of the assessment of an administrative penalty that is sent to the provider after an informal dispute resolution process but before an administrative hearing.(c)  A provider to whom amelioration has been offered must file a plan for amelioration not later than the 45th day after the date the provider receives the offer of amelioration from the commission.  In submitting the plan, the provider must agree to waive the provider's right to an administrative hearing if the commission approves the plan.(d)  At a minimum, a plan for amelioration must:(1)  propose changes to the management or operation of the waiver program in which the provider participates that will improve services to or quality of care for recipients under the program;(2)  identify, through measurable outcomes, the ways in which and the extent to which the proposed changes will improve services to or quality of care for recipients under the waiver program;(3)  establish clear goals to be achieved through the proposed changes;(4)  establish a timeline for implementing the proposed changes; and(5)  identify specific actions necessary to implement the proposed changes.(e)  The commission may require that an amelioration plan propose changes that would result in conditions that exceed the requirements of a law or rule relating to the waiver program in which the provider participates.(f)  The commission shall approve or deny an amelioration plan not later than the 45th day after the date the commission receives the plan.  On approval of a provider's plan, the commission or the State Office of Administrative Hearings, as appropriate, shall deny a pending request for a hearing submitted by the provider.(g)  The commission may not offer amelioration to a provider:(1)  more than three times in a two-year period;(2)  more than one time in a two-year period for the same or similar violation; or(3)  for a violation that resulted in hazard to the health or safety of a recipient, including serious harm or death, or that substantially limits the provider's ability to provide care.(h)  This section expires September 1, 2023.|Added by Acts 2017, 85th Leg., R.S., Ch. 487 (H.B. 2590), Sec. 2, eff. September 1, 2017.|
TX Hum Res Code § 161.0892 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. Powers and Duties of Department|Section 161.0892. Informal Dispute Resolution

Sec. 161.0892.  INFORMAL DISPUTE RESOLUTION.  (a)  The executive commissioner by rule shall establish an informal dispute resolution process in accordance with this section.  The process must provide for adjudication by an appropriate disinterested person of disputes relating to a proposed enforcement action or related proceeding of the commission against a provider participating in a waiver program described by Section 161.089.  The informal dispute resolution process must require:(1)  a provider participating in a waiver program described by Section 161.089 to request informal dispute resolution not later than the 10th calendar day after the date of notification by the commission of the violation of a law or rule relating to the program; and(2)  the commission to complete the process not later than the 30th calendar day after the date of receipt of a request from a provider for informal dispute resolution.(b)  As part of the informal dispute resolution process established under this section, the commission shall contract with an appropriate disinterested person to adjudicate disputes between a provider participating in a waiver program described by Section 161.089 and the commission concerning a statement of violations prepared by the commission.  Section 2009.053, Government Code, does not apply to the selection of an appropriate disinterested person under this subsection.  The person with whom the commission contracts shall adjudicate all disputes described by this subsection.(c)  The executive commissioner shall adopt rules to adjudicate claims in contested cases.(d)  The commission may not delegate its responsibility to administer the informal dispute resolution process established by this section to another state agency.|Added by Acts 2017, 85th Leg., R.S., Ch. 487 (H.B. 2590), Sec. 2, eff. September 1, 2017.|
TX Hum Res Code § 161.091 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities|Section 161.091. Definitions

Sec. 161.091.  DEFINITIONS.  In this subchapter:(1)  "Administration of medication" means:(A)  removing a unit or dose of medication from a previously dispensed, properly labeled container;(B)  verifying the medication with the medication order;(C)  giving the proper medication in the proper dosage to the proper client at the proper time by the proper administration route; and(D)  recording the time of administration and dosage administered.(2)  "Client" means a person with an intellectual and developmental disability who is receiving services from a facility or program listed in Section 161.092.(3)  "Unlicensed person" means an individual not licensed as a health care provider who provides services at or for a facility or program listed in Section 161.092, including:(A)  a nurse aide, orderly, assistant, attendant, technician, home health aide, medication aide with a permit issued by a state agency, or other individual who provides personal health care-related services;(B)  a person who is monetarily compensated to perform certain health-related tasks and functions in a complementary or assistive role to a licensed nurse who provides direct client care or performs common nursing functions;(C)  a person who performs those tasks and functions as a volunteer but does not qualify as a friend providing gratuitous nursing care of the sick under Section 301.004, Occupations Code; or(D)  a person who is a professional nursing student who provides care for monetary compensation and not as part of a formal educational program.|Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.|
TX Hum Res Code § 161.092 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities|Section 161.092. Applicability

Sec. 161.092.  APPLICABILITY.  This subchapter applies only to administration of medication provided to certain persons with intellectual and developmental disabilities who are served:(1)  in a small facility with not less than one and not more than eight beds that is licensed or certified under Chapter 252, Health and Safety Code;(2)  in a medium facility with not less than 9 and not more than 13 beds that is licensed or certified under Chapter 252, Health and Safety Code; or(3)  by one of the following Section 1915(c) waiver programs administered by the department to serve persons with intellectual and developmental disabilities:(A)  the Home and Community-Based Services waiver program; or(B)  the Texas Home Living waiver program.|Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.455, eff. April 2, 2015.|
TX Hum Res Code § 161.093 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities|Section 161.093. Administration of Medication

Sec. 161.093.  ADMINISTRATION OF MEDICATION.  (a)  Notwithstanding other law, an unlicensed person may provide administration of medication to a client without the requirement that a registered nurse delegate or oversee each administration if:(1)  the medication is:(A)  an oral medication;(B)  a topical medication; or(C)  a metered dose inhaler;(2)  the medication is administered to the client for a stable or predictable condition;(3)  the client has been personally assessed by a registered nurse initially and in response to significant changes in the client's health status, and the registered nurse has determined that the client's health status permits the administration of medication by an unlicensed person; and(4)  the unlicensed person has been:(A)  trained by a registered nurse or licensed vocational nurse under the direction of a registered nurse regarding proper administration of medication; or(B)  determined to be competent by a registered nurse or licensed vocational nurse under the direction of a registered nurse regarding proper administration of medication, including through a demonstration of proper technique by the unlicensed person.(b)  The administration of medication other than the medications described by Subsection (a)(1) is subject to the rules of the Texas Board of Nursing regarding the delegation of nursing tasks to unlicensed persons in independent living environments such as the facilities and programs listed in Section 161.092.|Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.|
TX Hum Res Code § 161.094 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities|Section 161.094. Department Duties

Sec. 161.094.  DEPARTMENT DUTIES.  (a)  The department shall ensure that:(1)  administration of medication by an unlicensed person under this subchapter is reviewed at least annually and after any significant change in a client's condition by a registered nurse or a licensed vocational nurse under the supervision of a registered nurse; and(2)  a facility or program listed in Section 161.092 has policies to ensure that the determination of whether an unlicensed person may provide administration of medication to a client under Section 161.093 may be made only by a registered nurse.(b)  The department shall verify that:(1)  each client is assessed to identify the client's needs and abilities regarding the client's medications;(2)  the administration of medication by an unlicensed person to a client is performed only by an unlicensed person who is authorized to perform that administration under Section 161.093; and(3)  the administration of medication to each client is performed in such a manner as to ensure the greatest degree of independence, including the use of an adaptive or assistive aid, device, or strategy as allowed under program rules.(c)  The department shall enforce this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.|
TX Hum Res Code § 161.095 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities|Section 161.095. Liability

Sec. 161.095.  LIABILITY.  (a)  A registered nurse performing a client assessment required under Section 161.093, or a registered nurse or licensed vocational nurse training an unlicensed person or determining whether an unlicensed person is competent to perform administration of medication under Section 161.093, may be held accountable or civilly liable only in relation to whether the nurse properly:(1)  performed the assessment;(2)  conducted the training; and(3)  determined whether the unlicensed person is competent to provide administration of medication to clients.(b)  The Texas Board of Nursing may take disciplinary action against a registered nurse or licensed vocational nurse under this subchapter only in relation to whether:(1)  the registered nurse properly performed the client assessment required by Section 161.093;(2)  the registered nurse or licensed vocational nurse properly trained the unlicensed person in the administration of medication; and(3)  the registered nurse or licensed vocational nurse properly determined whether an unlicensed person is competent to provide administration of medication to clients.(c)  A registered nurse or licensed vocational nurse may not be held accountable or civilly liable for the acts or omissions of an unlicensed person performing administration of medication.|Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.|
TX Hum Res Code § 161.096 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter D. -1. Administration of Medication for Clients With Intellectual and Developmental Disabilities|Section 161.096. Conflict With Other Law

Sec. 161.096.  CONFLICT WITH OTHER LAW.  This subchapter controls to the extent of a conflict with other law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 677 (S.B. 1857), Sec. 1, eff. June 17, 2011.|
TX Hum Res Code § 161.102 (2021)
2021 Texas Statutes|Human Resources Code|Title 11 - Aging, Community-Based, and Long-Term Care Services|Chapter 161 - Department of Aging and Disability Services|Subchapter E. Guardianship Services|Section 161.102. Referral to Guardianship Program, Court, or Other Person

Sec. 161.102.  REFERRAL TO GUARDIANSHIP PROGRAM, COURT, OR OTHER PERSON.  (a)  If the department becomes aware of a guardianship program, private professional guardian, or other person willing and able to provide the guardianship services that would otherwise be provided by the department to an individual referred to the department by the Department of Family and Protective Services under Section 48.209, the department shall refer the individual to that person or program for guardianship services.(b)  If requested by a court, the department shall notify the court of any referral made to the department by the Department of Family and Protective Services relating to any individual who is domiciled or found in a county where the requesting court has probate jurisdiction and who may be appropriate for a court-initiated guardianship proceeding under Chapter 1102, Estates Code.  In making a referral under this subsection and if requested by the court, the department shall, to the extent allowed by law, provide the court with all relevant information in the department's records relating to the individual.  The court, as part of this process, may not require the department to:(1)  perform the duties of a guardian ad litem or court investigator as prescribed by Chapter 1102, Estates Code; or(2)  gather additional information not contained in the department's records.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 3.04, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.457, eff. April 2, 2015.|