reglab/housing_qa huggingface dataset:
TX Govt Code § 531.078 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.078. Quality Assurance Fees on Certain Waiver Program Services

Sec. 531.078.  QUALITY ASSURANCE FEES ON CERTAIN WAIVER PROGRAM SERVICES.  (a)  In this section, "gross receipts" means money received as compensation for services under an intermediate care facility for individuals with an intellectual disability waiver program such as a home and community services waiver or a community living assistance and support services waiver.  The term does not include a charitable contribution, revenues received for services or goods other than waivers, or any money received from consumers or their families as reimbursement for services or goods not normally covered by the waivers.(b)  The executive commissioner by rule shall modify the quality assurance fee program under Subchapter H, Chapter 252, Health and Safety Code, by providing for a quality assurance fee program that imposes a quality assurance fee on persons providing services under a home and community services waiver or a community living assistance and support services waiver.(c)  The executive commissioner shall establish the fee at an amount that will produce annual revenues of not more than six percent of the total annual gross receipts in this state.(d)  The executive commissioner shall adopt rules governing:(1)  the reporting required to compute and collect the fee and the manner and times of collecting the fee; and(2)  the administration of the fee, including the imposition of penalties for a violation of the rules.(e)  Fees collected under this section shall be deposited in the waiver program quality assurance fee account.|Added by Acts 2005, 79th Leg., Ch. 896 (S.B. 1830), Sec. 1, eff. June 17, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.114, eff. April 2, 2015.|
TX Govt Code § 531.079 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.079. Waiver Program Quality Assurance Fee Account

Sec. 531.079.  WAIVER PROGRAM QUALITY ASSURANCE FEE ACCOUNT.  (a)  The waiver program quality assurance fee account is a dedicated account in the general revenue fund.  The account is exempt from the application of Section 403.095. (b)  The account consists of fees collected under Section 531.078.(c)  Subject to legislative appropriation and state and federal law, money in the account may be appropriated only to the Department of Aging and Disability Services to increase reimbursement rates paid under the home and community services waiver program or the community living assistance and support services waiver program or to offset allowable expenses under Medicaid.|Added by Acts 2005, 79th Leg., Ch. 896 (S.B. 1830), Sec. 1, eff. June 17, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.115, eff. April 2, 2015.|
TX Govt Code § 531.080 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.080. Reimbursement of Waiver Programs

Sec. 531.080.  REIMBURSEMENT OF WAIVER PROGRAMS.  Subject to legislative appropriation and state and federal law, the Department of Aging and Disability Services shall use money from the waiver program quality assurance fee account, together with any federal money available to match money from the account, to increase reimbursement rates paid under the home and community services waiver program or the community living assistance and support services waiver program.|Added by Acts 2005, 79th Leg., Ch. 896 (S.B. 1830), Sec. 1, eff. June 17, 2005.|
TX Govt Code § 531.081 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.081. Invalidity; Federal Funds

Sec. 531.081.  INVALIDITY; FEDERAL FUNDS.  If any portion of Sections 531.078-531.080 is held invalid by a final order of a court that is not subject to appeal, or if the commission determines that the imposition of the quality assurance fee and the expenditure of the money collected as provided by those sections will not entitle this state to receive additional federal money under Medicaid, the commission shall:(1)  stop collection of the quality assurance fee; and(2)  not later than the 30th day after the date the collection of the quality assurance fee is stopped, return any money collected under Section 531.078, but not spent under Section 531.080, to the persons who paid the fees in proportion to the total amount paid by those persons.|Added by Acts 2005, 79th Leg., Ch. 896 (S.B. 1830), Sec. 1, eff. June 17, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.116, eff. April 2, 2015.|
TX Govt Code § 531.082 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.082. Expiration of Quality Assurance Fee on Waiver Programs

Sec. 531.082.  EXPIRATION OF QUALITY ASSURANCE FEE ON WAIVER PROGRAMS.  If Subchapter H, Chapter 252, Health and Safety Code, expires, this section and Sections 531.078-531.081 expire on the same date.|Added by Acts 2005, 79th Leg., Ch. 896 (S.B. 1830), Sec. 1, eff. June 17, 2005.|
TX Govt Code § 531.083 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.083. Medicaid Long-Term Care System

Sec. 531.083.  MEDICAID LONG-TERM CARE SYSTEM.  The commission shall ensure that the Medicaid long-term care system provides the broadest array of choices possible for recipients while ensuring that the services are delivered in a manner that is cost-effective and makes the best use of available funds.  The commission shall also make every effort to improve the quality of care for recipients of Medicaid long-term care services by:(1)  evaluating the need for expanding the provider base for consumer-directed services and, if the commission identifies a demand for that expansion, encouraging area agencies on aging, independent living centers, and other potential long-term care providers to become providers through contracts with the Department of Aging and Disability Services;(2)  ensuring that all recipients who reside in a nursing facility are provided information about end-of-life care options and the importance of planning for end-of-life care; and(3)  developing policies to encourage a recipient who resides in a nursing facility to receive treatment at that facility whenever possible, while ensuring that the recipient receives an appropriate continuum of care.|Added by Acts 2005, 79th Leg., Ch. 349 (S.B. 1188), Sec. 5(a), eff. September 1, 2005.|
TX Govt Code § 531.084 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.084. Medicaid Long-Term Care Cost Containment Strategies

Sec. 531.084.  MEDICAID LONG-TERM CARE COST CONTAINMENT STRATEGIES.  (a)  The commission shall make every effort to achieve cost efficiencies within the Medicaid long-term care program.  To achieve those efficiencies, the commission shall:(1)  establish a fee schedule for reimbursable incurred medical expenses for dental services controlled in long-term care facilities;(2)  implement a fee schedule for reimbursable incurred medical expenses for durable medical equipment in nursing facilities and ICF-IID facilities;(3)  implement a durable medical equipment fee schedule action plan;(4)  establish a system for private contractors to secure and coordinate the collection of Medicare funds for recipients who are dually eligible for Medicare and Medicaid;(5)  create additional partnerships with pharmaceutical companies to obtain discounted prescription drugs for Medicaid recipients; and(6)  develop and implement a system for auditing the Medicaid hospice care system that provides services in long-term care facilities to ensure correct billing for pharmaceuticals.(b)  The executive commissioner and the commissioner of aging and disability services shall jointly appoint persons to serve on a work group to assist the commission in developing the fee schedule required by Subsection (a)(1).  The work group must consist of providers of long-term care services, including dentists and long-term care advocates.(c)  In developing the fee schedule required by Subsection (a)(1), the commission shall consider:(1)  the need to ensure access to dental services for residents of long-term care facilities who are unable to travel to a dental office to obtain care;(2)  the most recent Comprehensive Fee Report published by the National Dental Advisory Service;(3)  the difficulty of providing dental services in long-term care facilities;(4)  the complexity of treating medically compromised patients; and(5)  time-related and travel-related costs incurred by dentists providing dental services in long-term care facilities.(d)  The commission shall annually update the fee schedule required by Subsection (a)(1).|Added by Acts 2005, 79th Leg., Ch. 349 (S.B. 1188), Sec. 5(a), eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.117, eff. April 2, 2015.|
TX Govt Code § 531.0841 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.0841. Long-Term Care Insurance Awareness and Education Campaign

Sec. 531.0841.  LONG-TERM CARE INSURANCE AWARENESS AND EDUCATION CAMPAIGN.  (a)  The commission, in consultation with the Department of Aging and Disability Services and the Texas Department of Insurance, shall develop and implement a public awareness and education campaign designed to:(1)  educate the public on the cost of long-term care, including the limits of Medicaid eligibility and the limits of Medicare benefits;(2)  educate the public on the value and availability of long-term care insurance; and(3)  encourage individuals to obtain long-term care insurance.(b)  The Department of Aging and Disability Services and the Texas Department of Insurance shall cooperate with and assist the commission in implementing the campaign under this section.(c)  The commission may coordinate the implementation of the campaign under this section with any other state outreach campaign or activity relating to long-term care issues.|Added by Acts 2007, 80th Leg., R.S., Ch. 795 (S.B. 22), Sec. 4, eff. March 1, 2008.|
TX Govt Code § 531.0843 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.0843. Durable Medical Equipment Reuse Program

Sec. 531.0843.  DURABLE MEDICAL EQUIPMENT REUSE PROGRAM.  (a)  In this section:(1)  "Complex rehabilitation technology equipment" means equipment that is classified as durable medical equipment under the Medicare program on January 1, 2013, configured specifically for an individual to meet the individual's unique medical, physical, and functional needs and capabilities for basic and instrumental daily living activities, and medically necessary to prevent the individual's hospitalization or institutionalization.  The term includes a complex rehabilitation power wheelchair, highly configurable manual wheelchair, adaptive seating and positioning system, standing frame, and gait trainer.(2)  "Durable medical equipment" means equipment, including repair and replacement parts for the equipment, but excluding complex rehabilitation technology equipment, that:(A)  can withstand repeated use;(B)  is primarily and customarily used to serve a medical purpose;(C)  generally is not useful to a person in the absence of illness or injury; and(D)  is appropriate and safe for use in the home.(b)  If the commission determines that it is cost-effective, the executive commissioner by rule shall establish a program to facilitate the reuse of durable medical equipment provided to recipients under the Medicaid program.(c)  The program must include provisions for ensuring that:(1)  reused equipment meets applicable standards of functionality and sanitation; and(2)  a Medicaid recipient's participation in the reuse program is voluntary.(d)  The program does not:(1)  waive any immunity from liability of the commission or an employee of the commission; or(2)  create a cause of action against the commission or an employee of the commission arising from the provision of reused durable medical equipment under the program.(e)  In accordance with Chapter 551 or 2001, as applicable, the executive commissioner shall provide notice of each proposed rule, adopted rule, and hearing that relates to establishing the program under this section.|Added by Acts 2013, 83rd Leg., R.S., Ch. 609 (S.B. 1175), Sec. 1, eff. June 14, 2013.|
TX Govt Code § 531.0861 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.0861. Physician Incentive Program to Reduce Hospital Emergency Room Use for Non-Emergent Conditions

Sec. 531.0861.  PHYSICIAN INCENTIVE PROGRAM TO REDUCE HOSPITAL EMERGENCY ROOM USE FOR NON-EMERGENT CONDITIONS.  (a)  If cost-effective, the executive commissioner by rule shall establish a physician incentive program designed to reduce the use of hospital emergency room services for non-emergent conditions by recipients under Medicaid.(b)  In establishing the physician incentive program under Subsection (a), the executive commissioner may include only the program components identified as cost-effective in the study conducted under former Section 531.086.(c)  If the physician incentive program includes the payment of an enhanced reimbursement rate for routine after-hours appointments, the executive commissioner shall implement controls to ensure that the after-hours services billed are actually being provided outside of normal business hours.|Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.09(a), eff. September 28, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.119, eff. April 2, 2015.|
TX Govt Code § 531.0862 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.0862. Continued Implementation of Certain Interventions and Best Practices by Providers; Biannual Report

Sec. 531.0862.  CONTINUED IMPLEMENTATION OF CERTAIN INTERVENTIONS AND BEST PRACTICES BY PROVIDERS; BIANNUAL REPORT.  (a)  The commission shall encourage Medicaid providers to continue implementing effective interventions and best practices associated with improvements in the health outcomes of Medicaid recipients that were developed and achieved under the Delivery System Reform Incentive Payment (DSRIP) program previously operated under the Texas Health Care Transformation and Quality Improvement Program waiver issued under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315), through: (1)  existing provider incentive programs and the creation of new provider incentive programs;(2)  the terms included in contracts with Medicaid managed care organizations;(3)  implementation of alternative payment models; or(4)  adoption of other cost-effective measures.(b)  The commission shall biannually prepare and submit a report to the legislature that contains a summary of the commission's efforts under this section and Section 531.085(b).|Added by Acts 2021, 87th Leg., R.S., Ch. 384 (S.B. 1136), Sec. 2, eff. September 1, 2021.|
TX Govt Code § 531.087 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.087. Distribution of Earned Income Tax Credit Information

Sec. 531.087.  DISTRIBUTION OF EARNED INCOME TAX CREDIT INFORMATION.  (a)  The commission shall ensure that educational materials relating to the federal earned income tax credit are provided in accordance with this section to each person receiving assistance or benefits under:(1)  the child health plan program;(2)  the financial assistance program under Chapter 31, Human Resources Code;(3)  Medicaid;(4)  the supplemental nutrition assistance program under Chapter 33, Human Resources Code; or(5)  another appropriate health and human services program.(b)  In accordance with Section 531.0317, the commission shall, by mail or through the Internet, provide a person described by Subsection (a) with access to:(1)  Internal Revenue Service publications relating to the federal earned income tax credit or information prepared by the comptroller under Section 403.025 relating to that credit;(2)  federal income tax forms necessary to claim the federal earned income tax credit; and(3)  where feasible, the location of at least one program in close geographic proximity to the person that provides free federal income tax preparation services to low-income and other eligible persons.(c)  In January of each year, the commission or a representative of the commission shall mail to each person described by Subsection (a) information about the federal earned income tax credit that provides the person with referrals to the resources described by Subsection (b).|Added by Acts 2005, 79th Leg., Ch. 925 (H.B. 401), Sec. 2, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.120, eff. April 2, 2015.|
TX Govt Code § 531.088 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.088. Pooled Funding for Foster Care Preventive Services

Sec. 531.088.  POOLED FUNDING FOR FOSTER CARE PREVENTIVE SERVICES.  (a)  The commission and the Department of Family and Protective Services shall develop and implement a plan to combine, to the extent and in the manner allowed by Section 51, Article III, Texas Constitution, and other applicable law, funds of those agencies with funds of other appropriate state agencies and local governmental entities to provide services designed to prevent children from being placed in foster care.  The preventive services may include:(1)  child and family counseling;(2)  instruction in parenting and homemaking skills;(3)  parental support services;(4)  temporary respite care; and(5)  crisis services.(b)  The plan must provide for:(1)  state funding to be distributed to other state agencies, local governmental entities, or private entities only as specifically directed by the terms of a grant or contract to provide preventive services;(2)  procedures to ensure that funds received by the commission by gift, grant, or interagency or interlocal contract from another state agency, a local governmental entity, the federal government, or any other public or private source for purposes of this section are disbursed in accordance with the terms under which the commission received the funds; and(3)  a reporting mechanism to ensure appropriate use of funds.(c)  For the purposes of this section, the commission may request and accept gifts and grants under the terms of a gift, grant, or contract from a local governmental entity, a private entity, or any other public or private source for use in providing services designed to prevent children from being placed in foster care.  If required by the terms of a gift, grant, or contract or by applicable law, the commission shall use the amounts received:(1)  from a local governmental entity to provide the services in the geographic area of this state in which the entity is located; and(2)  from the federal government or a private entity to provide the services statewide or in a particular geographic area of this state.|Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.70(a), eff. September 1, 2005.Renumbered from Government Code, Section 531.078 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(32), eff. September 1, 2007.|
TX Govt Code § 531.089 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.089. Certain Medication for Sex Offenders Prohibited

Sec. 531.089.  CERTAIN MEDICATION FOR SEX OFFENDERS PROHIBITED.  (a)  To the maximum extent allowable under federal law, the commission may not provide sexual performance enhancing medication under the Medicaid vendor drug program or any other health and human services program to a person required to register as a sex offender under Chapter 62, Code of Criminal Procedure.(b)  The executive commissioner may adopt rules as necessary to implement this section.|Added by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 3.01, eff. September 1, 2005.Renumbered from Government Code, Section 531.078 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(33), eff. September 1, 2007.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.121, eff. April 2, 2015.|
TX Govt Code § 531.090 (2021)
2021 Texas Statutes|Government Code|Title 4 - Executive Branch|Subtitle I - Health and Human Services|Chapter 531 - Health and Human Services Commission|Subchapter B. Powers and Duties|Section 531.090. Joint Purchasing of Prescription Drugs and Other Medications

Sec. 531.090.  JOINT PURCHASING OF PRESCRIPTION DRUGS AND OTHER MEDICATIONS.  (a)  Subject to Subsection (b), the commission and each health and human services agency authorized by the executive commissioner may enter into an agreement with one or more other states for the joint bulk purchasing of prescription drugs and other medications to be used in Medicaid, the state child health plan, or another program under the authority of the commission.(b)  An agreement under this section may not be entered into until:(1)  the commission determines that entering into the agreement would be feasible and cost-effective; and(2)  if appropriated money would be spent under the proposed agreement, the governor and the Legislative Budget Board grant prior approval to expend appropriated money under the proposed agreement.(c)  If an agreement is entered into, the commission shall adopt procedures applicable to an agreement and joint purchase required by this section.  The procedures must ensure that this state receives:(1)  all prescription drugs and other medications purchased with money provided by this state; and(2)  an equitable share of any price benefits resulting from the joint bulk purchase.(d)  In determining the feasibility and cost-effectiveness of entering into an agreement under this section, the commission shall identify:(1)  the most cost-effective existing joint bulk purchasing agreement; and(2)  any potential groups of states with which this state could enter into a new cost-effective joint bulk purchasing agreement.|Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 6.01, eff. August 29, 2005.Renumbered from Government Code, Section 531.080 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(34), eff. September 1, 2007.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.122, eff. April 2, 2015.|