reglab/statecodes huggingface dataset:
2023 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 531.024163. Accessibility of Information Regarding Medicaid Prior Authorization Requirements

Text of section effective until April 01, 2025
Sec. 531.024163.  ACCESSIBILITY OF INFORMATION REGARDING MEDICAID PRIOR AUTHORIZATION REQUIREMENTS.  (a)  The executive commissioner by rule shall require each Medicaid managed care organization or other entity responsible for authorizing coverage for health care services under Medicaid to ensure that the organization or entity maintains on the organization's or entity's Internet website in an easily searchable and accessible format:
(1)  the applicable timelines for prior authorization requirements, including:
(A)  the time within which the organization or entity must make a determination on a prior authorization request;
(B)  a description of the notice the organization or entity provides to a provider and Medicaid recipient on whose behalf the request was submitted regarding the documentation required to complete a determination on a prior authorization request; and
(C)  the deadline by which the organization or entity is required to submit the notice described by Paragraph (B); and
(2)  an accurate and up-to-date catalogue of coverage criteria and prior authorization requirements, including:
(A)  for a prior authorization requirement first imposed on or after September 1, 2019, the effective date of the requirement;
(B)  a list or description of any supporting or other documentation necessary to obtain prior authorization for a specified service; and
(C)  the date and results of each review of the prior authorization requirement conducted under Section 533.00283, if applicable.
(b)  The executive commissioner by rule shall require each Medicaid managed care organization or other entity responsible for authorizing coverage for health care services under Medicaid to:
(1)  adopt and maintain a process for a provider or Medicaid recipient to contact the organization or entity to clarify prior authorization requirements or to assist the provider in submitting a prior authorization request; and
(2)  ensure that the process described by Subdivision (1) is not arduous or overly burdensome to a provider or recipient.
Added by Acts 2019, 86th Leg., R.S., Ch. 623 (S.B. 1207), Sec. 3(b), eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.024171. Therapy Services Assessments

Text of section effective until April 01, 2025
Sec. 531.024171.  THERAPY SERVICES ASSESSMENTS.  (a)  In this section, "therapy services" includes occupational, physical, and speech therapy services.
(b)  After implementing the objective assessment process for acute nursing services in accordance with Section 531.02417, the commission shall consider whether implementing age- and diagnosis-appropriate objective assessment processes for assessing the needs of a Medicaid recipient for therapy services would be feasible and beneficial.
(c)  If the commission determines that implementing age- and diagnosis-appropriate processes with respect to one or more types of therapy services is feasible and would be beneficial, the commission may implement the processes within:
(1)  the Medicaid fee-for-service model;
(2)  the primary care case management Medicaid managed care model; and
(3)  the STAR and STAR + PLUS Medicaid managed care programs.
(d)  An objective assessment process implemented under this section must include a process that allows a provider of therapy services to request and obtain a review of the results of an assessment conducted as provided by this section that is comparable to the process implemented under rules adopted under Section 531.02417(e).
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.01(a), eff. September 28, 2011.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.02418. Medicaid and Child Health Plan Program Eligibility Determinations for Certain Individuals

Text of section effective until April 01, 2025
Sec. 531.02418.  MEDICAID AND CHILD HEALTH PLAN PROGRAM ELIGIBILITY DETERMINATIONS FOR CERTAIN INDIVIDUALS.  (a)  The commission shall enter into a memorandum of understanding with the Texas Juvenile Justice Department to ensure that each individual who is committed, placed, or detained under Title 3, Family Code, is assessed by the commission for eligibility for Medicaid and the child health plan program before that individual's release from commitment, placement, or detention.  Local juvenile probation departments are subject to the requirements of the memorandum.
(c)  The memorandum of understanding entered into as required by this section must specify:
(1)  the information that must be provided to the commission;
(2)  the process by which and time frame within which the information must be provided; and
(3)  the roles and responsibilities of all parties to the memorandum, which must include a requirement that the commission pursue the actions needed to complete eligibility applications as necessary.
(d)  The memorandum of understanding required by Subsection (a) must be tailored to achieve the goal of ensuring that an individual described by Subsection (a) who is determined eligible by the commission for coverage under Medicaid or the child health plan program is enrolled in the program for which the individual is eligible and may begin receiving services through the program as soon as possible after the eligibility determination is made and, if possible, to achieve the goal of ensuring that the individual may begin receiving those services on the date of the individual's release from placement, detention, or commitment.
(e)  The executive commissioner may adopt rules as necessary to implement this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 1279 (H.B. 1630), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.056, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.024181. Verification of Immigration Status of Applicants for Certain Benefits Who Are Qualified Aliens

Text of section effective until April 01, 2025
Sec. 531.024181.  VERIFICATION OF IMMIGRATION STATUS OF APPLICANTS FOR CERTAIN BENEFITS WHO ARE QUALIFIED ALIENS.  (a)  This section applies only with respect to the following benefits programs:
(1)  the child health plan program under Chapter 62, Health and Safety Code;
(2)  the financial assistance program under Chapter 31, Human Resources Code;
(3)  Medicaid; and
(4)  the supplemental nutrition assistance program under Chapter 33, Human Resources Code.
(b)  If, at the time of application for benefits under a program to which this section applies, a person states that the person is a qualified alien, as that term is defined by 8 U.S.C. Section 1641(b), the commission shall, to the extent allowed by federal law, verify information regarding the immigration status of the person using an automated system or systems where available.
(c)  The executive commissioner shall adopt rules necessary to implement this section.
(d)  Nothing in this section adds to or changes the eligibility requirements for any of the benefits programs to which this section applies.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.17, eff. September 28, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.057, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.024182. Verification of Sponsorship Information for Certain Benefits Recipients; Reimbursement

Text of section effective until April 01, 2025
Sec. 531.024182.  VERIFICATION OF SPONSORSHIP INFORMATION FOR CERTAIN BENEFITS RECIPIENTS; REIMBURSEMENT.  (a)  In this section, "sponsored alien" means a person who has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) and who, as a condition of admission, was sponsored by a person who executed an affidavit of support on behalf of the person.
(b)  If, at the time of application for benefits, a person stated that the person is a sponsored alien, the commission may, to the extent allowed by federal law, verify information relating to the sponsorship, using an automated system or systems where available, after the person is determined eligible for and begins receiving benefits under any of the following benefits programs:
(1)  the child health plan program under Chapter 62, Health and Safety Code;
(2)  the financial assistance program under Chapter 31, Human Resources Code;
(3)  Medicaid; or
(4)  the supplemental nutrition assistance program under Chapter 33, Human Resources Code.
(c)  If the commission verifies that a person who receives benefits under a program listed in Subsection (b) is a sponsored alien, the commission may seek reimbursement from the person's sponsor for benefits provided to the person under those programs to the extent allowed by federal law, provided the commission determines that seeking reimbursement is cost-effective.
(d)  If, at the time a person applies for benefits under a program listed in Subsection (b), the person states that the person is a sponsored alien, the commission shall make a reasonable effort to notify the person that the commission may seek reimbursement from the person's sponsor for any benefits the person receives under those programs.
(e)  The executive commissioner shall adopt rules necessary to implement this section, including rules that specify the most cost-effective procedures by which the commission may seek reimbursement under Subsection (c).
(f)  Nothing in this section adds to or changes the eligibility requirements for any of the benefits programs listed in Subsection (b).
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.17, eff. September 28, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.058, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.024183. Standardized Screening Questions for Assessing Nonmedical Health-Related Needs of Certain Pregnant Women; Informed Consent

Sec. 531.024183.  STANDARDIZED SCREENING QUESTIONS FOR ASSESSING NONMEDICAL HEALTH-RELATED NEEDS OF CERTAIN PREGNANT WOMEN; INFORMED CONSENT.  (a)  In this section, "alternatives to abortion program" means the program established by the commission to enhance and increase resources that promote childbirth for women facing unplanned pregnancy, or a successor program.
(b)  The commission shall adopt standardized screening questions designed to screen for, identify, and aggregate data regarding the nonmedical health-related needs of pregnant women eligible for benefits under a public benefits program administered by the commission or another health and human services agency, including:
(1)  Medicaid; and
(2)  the alternatives to abortion program.
(c)  Subject to Subsection (d), the standardized screening questions must be used by Medicaid managed care organizations and providers participating in the alternatives to abortion program.
(d)  A managed care organization or provider participating in a public benefits program described by Subsection (b), including the alternatives to abortion program, may not perform a screening of a pregnant woman using the standardized screening questions required by this section unless the organization or provider:
(1)  informs the woman:
(A)  about the type of data that will be collected during the screening and the purposes for which the data will be used; and
(B)  that the collected data will become part of the woman's medical record or service plan; and
(2)  obtains the woman's informed consent to perform the screening.
(e)  A managed care organization or provider participating in a public benefits program described by Subsection (b), including the alternatives to abortion program, must provide to the commission, in the form and manner prescribed by the commission, data the organization or provider collects using the standardized screening questions required by this section.
(f)  Not later than December 1 of each even-numbered year, the commission shall prepare and submit to the legislature a report that, using de-identified information, summarizes the data collected and provided to the commission under Subsection (e) during the previous biennium. In accordance with Section 531.014, the commission may consolidate the report required under this subsection with any other report to the legislature required under this chapter or another law that relates to the same subject matter.
Added by Acts 2023, 88th Leg., R.S., Ch. 316 (H.B. 1575), Sec. 2, eff. September 1, 2023.
2023 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 531.0242. Use of Agency Staff

Text of section effective until April 01, 2025
Sec. 531.0242.  USE OF AGENCY STAFF.  To the extent requested by the commission, a health and human services agency shall assign existing staff to perform a function imposed under this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 14.07(a), eff. Sept. 1, 1997.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.02444. Medicaid Buy-in Programs for Certain Persons With Disabilities

Text of section effective until April 01, 2025
Sec. 531.02444.  MEDICAID BUY-IN PROGRAMS FOR CERTAIN PERSONS WITH DISABILITIES.  (a)  The executive commissioner shall develop and implement:
(1)  a Medicaid buy-in program for persons with disabilities as authorized by the Ticket to Work and Work Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the Balanced Budget Act of 1997 (Pub. L. No. 105-33); and
(2)  as authorized by the Deficit Reduction Act of 2005 (Pub. L. No. 109-171), a Medicaid buy-in program for children with disabilities that is described by 42 U.S.C. Section 1396a(cc)(1) whose family incomes do not exceed 300 percent of the applicable federal poverty level.
(b)  The executive commissioner shall adopt rules in accordance with federal law that provide for:
(1)  eligibility requirements for each program described by Subsection (a); and
(2)  requirements for participants in the program to pay premiums or cost-sharing payments, subject to Subsection (c).
(c)  Rules adopted by the executive commissioner under Subsection (b) with respect to the program for children with disabilities described by Subsection (a)(2) must require a participant to pay monthly premiums according to a sliding scale that is based on family income, subject to the requirements of 42 U.S.C. Sections 1396o(i)(2) and (3).
Added by Acts 2005, 79th Leg., Ch. 30 (S.B. 566), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 34 (S.B. 187), Sec. 1, eff. September 1, 2009.
Reenacted and amended by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.063, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.02445. Transition Services for Youth With Disabilities

Text of section effective until April 01, 2025
Sec. 531.02445.  TRANSITION SERVICES FOR YOUTH WITH DISABILITIES.  (a)  The executive commissioner shall monitor programs and services offered through health and human services agencies designed to assist youth with disabilities to transition from school-oriented living to post-schooling activities, services for adults, or community living.
(b)  In monitoring the programs and services, the executive commissioner shall:
(1)  consider whether the programs or services result in positive outcomes in the employment, community integration, health, and quality of life of individuals with disabilities; and
(2)  collect information regarding the outcomes of the transition process as necessary to assess the programs and services.
Added by Acts 2007, 80th Leg., R.S., Ch. 465 (H.B. 1230), Sec. 1, eff. September 1, 2007.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.02447. Employment-First Policy

Text of section effective until April 01, 2025
Sec. 531.02447.  EMPLOYMENT-FIRST POLICY.  (a)  It is the policy of the state that earning a living wage through competitive employment in the general workforce is the priority and preferred outcome for working-age individuals with disabilities who receive public benefits.
(b)  The commission, the Texas Education Agency, and the Texas Workforce Commission shall jointly adopt and implement an employment-first policy in accordance with the state's policy under Subsection (a).  The policy must:
(1)  affirm that an individual with a disability is able to meet the same employment standards as an individual who does not have a disability;
(2)  ensure that all working-age individuals with disabilities, including young adults, are offered factual information regarding employment as an individual with a disability, including the relationship between an individual's earned income and the individual's public benefits;
(3)  ensure that individuals with disabilities are given the opportunity to understand and explore options for education or training, including postsecondary, graduate, and postgraduate education, vocational or technical training, or other training, as pathways to employment;
(4)  promote the availability and accessibility of individualized training designed to prepare an individual with a disability for the individual's preferred employment;
(5)  promote partnerships with employers to overcome barriers to meeting workforce needs with the creative use of technology and innovation;
(6)  ensure that the staff of public schools, vocational service programs, and community providers are trained and supported to assist in achieving the goal of competitive employment for all individuals with disabilities; and
(7)  ensure that competitive employment, while being the priority and preferred outcome, is not required of an individual with a disability to secure or maintain public benefits for which the individual is otherwise eligible.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1199 (S.B. 1226), Sec. 1, eff. June 14, 2013.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.0245. Permanency Planning for Certain Children

Text of section effective until April 01, 2025
Sec. 531.0245.  PERMANENCY PLANNING FOR CERTAIN CHILDREN.  (a)  The commission and each appropriate health and human services agency shall develop procedures to ensure that permanency planning is provided for each child residing in an institution in this state on a temporary or long-term basis or for whom institutional care is sought.
(b)  In this section:
(1)  "Institution" has the meaning assigned by Section 242.002, Health and Safety Code.
(2)  "Permanency planning" has the meaning assigned by Section 531.151.
Added by Acts 1997, 75th Leg., ch. 913, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.011, eff. Sept. 1, 2003.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.0246. Regional Management of Health and Human Services Agencies

Text of section effective until April 01, 2025
Sec. 531.0246.  REGIONAL MANAGEMENT OF HEALTH AND HUMAN SERVICES AGENCIES.  (a)  The commission may require a health and human services agency, under the direction of the commission, to:
(1)   ensure that the agency's location is accessible to employees with disabilities and agency clients with disabilities; and
(2)  consolidate agency support services, including clerical and administrative support services 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 direction of the executive commissioner, to locate all or a portion of the agency's employees and programs in the same building as another health and human services agency or at a location near or adjacent to the location of another health and human services agency.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 3.02, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.064, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.0247. Annual Business Plan

Text of section effective until April 01, 2025
Sec. 531.0247.  ANNUAL BUSINESS PLAN.  The commission shall develop and implement an annual business services plan for each health and human services region that establishes performance objectives for all health and human services agencies providing services in the region and measures agency effectiveness and efficiency in achieving those objectives.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 3.02, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.065, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.0248. Community-Based Support Systems

Text of section effective until April 01, 2025
Sec. 531.0248.  COMMUNITY-BASED SUPPORT SYSTEMS.  (a)  Subject to Section 531.0055(d), the commission shall assist communities in this state in developing comprehensive, community-based support systems for health and human services.  At the request of a community, the commission shall provide resources and assistance to the community to enable the community to:
(1)  identify and overcome institutional barriers to developing more comprehensive community support systems, including barriers that result 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 request of the commission, a health and human services agency shall provide resources and assistance to a community 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 initiative to the commission for review and approval.  The commission shall review the initiative to ensure that the initiative is consistent with other similar programs offered in communities and 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.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 3.02, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.066, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.02482. Faith- and Community-Based Organization Support for Certain Persons Receiving Public Assistance

Text of section effective until April 01, 2025
Sec. 531.02482.  FAITH- AND COMMUNITY-BASED ORGANIZATION SUPPORT FOR CERTAIN PERSONS RECEIVING PUBLIC ASSISTANCE.  (a) In this section, "community-based organization" and "faith-based organization" have the meanings assigned by Section 535.001.
(b)  The commission shall establish a program under which faith- and community-based organizations may, on the request of the applicant, contact and offer supplemental assistance to an applicant for benefits under:
(1)  the financial assistance program under Chapter 31, Human Resources Code;
(2)  the medical assistance program under Chapter 32, Human Resources Code;
(3)  the supplemental nutrition assistance program under Chapter 33, Human Resources Code; or
(4)  the child health plan program under Chapter 62, Health and Safety Code.
(c)  At the time of application for benefits described by Subsection (b), an applicant must:
(1)  be informed about and given the opportunity to enroll in the program; and
(2)  be informed that enrolling in the program will not affect the person's eligibility for benefits.
(d)  The commission shall develop a procedure under which faith- and community-based organizations may apply to participate in the program.
(e)  The executive commissioner shall adopt rules to implement the program established under this section, including rules that:
(1)  describe the types of faith- and community-based organizations that may apply to participate in the program and the qualifications and standards of service required of a participating organization;
(2)  facilitate contact between a person who enrolls in the program and a faith- and community-based organization participating in the program that provides supplemental services that may be of assistance to the person;
(3)  establish processes for the suspension, revocation, and periodic renewal of an organization's participation in the program, as appropriate;
(4)  establish methods to ensure the confidentiality and appropriate use of applicant information shared with a participating organization; and
(5)  permit a person enrolled in the program to terminate the person's enrollment in the program.
Added by Acts 2015, 84th Leg., R.S., Ch. 1091 (H.B. 2718), Sec. 1, eff. September 1, 2016.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.02485. Required Review of Criminal History Record Information for Certain Residential Caregivers

Sec. 531.02485.  REQUIRED REVIEW OF CRIMINAL HISTORY RECORD INFORMATION FOR CERTAIN RESIDENTIAL CAREGIVERS.  (a)  In this section, "residential caregiver" means an individual who provides, through a group home or other residential facility licensed by or operated under the authority of the commission, community-based residential care services:
(1)  to not more than four individuals with an intellectual or developmental disability at any time; and
(2)  at a residence other than the home of the individual providing the services.
(b)  A Medicaid provider, including a provider providing services under a 1915(c) waiver program, that employs or contracts with a residential caregiver to provide community-based residential care services to Medicaid recipients shall review state and federal criminal history record information and obtain electronic updates from the Department of Public Safety of arrests and convictions for each residential caregiver the provider employs or contracts with to provide community-based residential care services to Medicaid recipients.
(c)  An individual who has been convicted of an offense described by Section 250.006, Health and Safety Code, may not be employed or contracted as a residential caregiver or otherwise provide direct care to a Medicaid recipient with an intellectual or developmental disability to the same extent and, if applicable, for the same period of time prescribed by Section 250.006(a) or (b), Health and Safety Code, as an individual similarly convicted under those subsections.  An individual who violates this subsection is subject to disciplinary action by the commission.
(d)  A Medicaid provider shall immediately discharge any individual the provider employs or contracts with as a residential caregiver who is convicted of an offense described by Section 250.006, Health and Safety Code.
(e)  Notwithstanding any other law, the commission shall take disciplinary action against a Medicaid provider that violates this section, including imposing an administrative penalty or vendor hold, terminating a contract or license, or any other disciplinary action the commission determines appropriate.  In determining the appropriate disciplinary action to take against a Medicaid provider under this subsection, the commission shall consider:
(1)  the nature and seriousness of the violation;
(2)  the history of previous violations; and
(3)  any other matter justice may require.
(f)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 674 (H.B. 1009), Sec. 2, eff. September 1, 2023.
2023 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 531.02486. Suspending Employment of Certain Residential Caregivers

Sec. 531.02486.  SUSPENDING EMPLOYMENT OF CERTAIN RESIDENTIAL CAREGIVERS.  (a)  In this section:
(1)  "Consumer-directed service option" has the meaning assigned by Section 531.051.
(2)  "Reportable conduct" includes:
(A)  abuse or neglect that causes or may cause death or harm to an individual using the consumer-directed service option or a resident;
(B)  sexual abuse of an individual using the consumer-directed service option or a resident;
(C)  financial exploitation of an individual using the consumer-directed service option or a resident in an amount of $25 or more; and
(D)  emotional, verbal, or psychological abuse that causes harm to an individual using the consumer-directed service option or a resident.
(3)  "Resident" means an individual residing in a group home or other residential facility who is receiving services from a residential caregiver.
(4)  "Residential caregiver" has the meaning assigned by Section 531.02485.
(b)  A Medicaid provider, including a provider providing services under a Section 1915(c) waiver program, who employs or contracts with a residential caregiver to provide community-based residential care services through a group home or other residential facility described by Subsection (a)(4), on receiving notice of the reportable conduct finding, shall immediately suspend the employment or contract of an individual the provider employs or contracts with as a residential caregiver who the commission finds has engaged in reportable conduct while the individual exhausts any applicable appeals process, including informal and formal appeals, pending a final decision by an administrative law judge.  The provider may not reinstate the individual's employment or contract during the course of any appeals process.
(c)  Notwithstanding any other law, the commission shall take disciplinary action against a Medicaid provider that violates Subsection (b), including imposing an administrative penalty or vendor hold, terminating a contract or license, or any other disciplinary action the commission determines appropriate.  In determining the appropriate disciplinary action to take against a Medicaid provider under this subsection, the commission shall consider:
(1)  the nature and seriousness of the violation;
(2)  the history of previous violations; and
(3)  any other matter justice may require.
(d)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 674 (H.B. 1009), Sec. 2, eff. September 1, 2023.
2023 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 531.02491. Joint Training for Certain Caseworkers

Text of section effective until April 01, 2025
Sec. 531.02491.  JOINT TRAINING FOR CERTAIN CASEWORKERS.  (a)  The executive commissioner shall provide for joint training for health and human services caseworkers whose clients are children, including caseworkers employed by:
(1)  the commission;
(2)  the Department of Aging and Disability Services;
(3)  the Department of State Health Services;
(4)  a local mental health authority; and
(5)  a local intellectual and developmental disability authority.
(b)  Training provided under this section must be designed to increase a caseworker's knowledge and awareness of the services available to children at each health and human services agency or local mental health or intellectual and developmental disability authority, including long-term care programs and services available under a Section 1915(c) waiver program.
Added by Acts 2001, 77th Leg., ch. 156, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 531.0244 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(66), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.068, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.02492. Delivery of Health and Human Services to Young Texans

Text of section effective until April 01, 2025
Sec. 531.02492.  DELIVERY OF HEALTH AND HUMAN SERVICES TO YOUNG TEXANS.
(b)  The commission shall electronically publish on the commission's Internet website a biennial report and, on or before the date the report is due, shall notify the governor, the lieutenant governor, the speaker of the house of representatives, the comptroller, and the appropriate legislative committees that the report is available on the commission's Internet website.  The report must address the efforts of the health and human services agencies to provide health and human services to children younger than six years of age.  The report may contain recommendations by the commission to better coordinate state agency programs relating to the delivery of health and human services to children younger than six years of age and may propose joint agency collaborative programs.
Added by Acts 2001, 77th Leg., ch. 156, Sec. 1, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 531.0244 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(67), eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 34, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.069, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 6, eff. September 1, 2021.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.025. Statewide Needs Appraisal Project

Text of section effective until April 01, 2025
Sec. 531.025.  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.  Any collected data shall be made available for use in planning and budgeting for health and human services programs by state agencies.
(b)  The commission shall coordinate its activities with the appropriate health and human services agencies.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 8.002(a), eff. Sept. 1, 1995.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.027. Appropriations Request by Agencies

Text of section effective until April 01, 2025
Sec. 531.027.  APPROPRIATIONS REQUEST BY AGENCIES.  (a)  Each health and human services agency shall submit to the commission a biennial agency legislative appropriations request on a date to be determined by commission rule.
(b)  A health and human services agency may not submit to the legislature or the governor its legislative appropriations request until the commission reviews and comments on the legislative appropriations request.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 8.002(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 14.08(a), eff. Sept. 1, 1997.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.0271. Health and Human Services Agencies Operating Budgets

Text of section effective until April 01, 2025
Sec. 531.0271.  HEALTH AND HUMAN SERVICES AGENCIES OPERATING BUDGETS.  The commission may, within the limits established by and 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 established under Section 531.028;
(2)  achieve efficiencies in the administrative support functions of the agencies; and
(3)  perform the functions assigned to the executive commissioner under Section 531.0055.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 14.09(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1460, Sec. 3.03, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.070, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.0273. Information Resources Planning and Management

Text of section effective until April 01, 2025
Sec. 531.0273.  INFORMATION RESOURCES 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.  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 used by a health and human services agency into a coordinated information resources management planning and development system established by the commission;
(E)  establishes standards for information resources system security and that promotes the ability of information resources systems to operate 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 information resources management policies, procedures, and technical standards and ensure compliance with those policies, procedures, and standards; and
(3)  review and approve the information resources deployment review and biennial operating plan of each health and human services agency.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(53), eff. June 17, 2011.
(c)  A health and human services agency may not submit its plans to the Department of Information Resources or the Legislative Budget Board under Subchapter E, Chapter 2054, until those plans are approved by the commission.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 14.09(a), eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1460, Sec. 3.03, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 188, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 691 (H.B. 1788), Sec. 1, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 21(2), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(53), eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.071, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.02731. Report of Information Resources Manager to Commission

Text of section effective until April 01, 2025
Sec. 531.02731.  REPORT OF INFORMATION RESOURCES MANAGER TO COMMISSION.  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 designated by the executive commissioner.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.13, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.0274. Coordination and Approval of Caseload Estimates

Text of section effective until April 01, 2025
Sec. 531.0274.  COORDINATION AND APPROVAL OF CASELOAD ESTIMATES.  (a)  The commission shall coordinate and approve caseload estimates made for programs administered by health and human services agencies.
(b)  To implement this section, the commission shall:
(1)  adopt uniform guidelines to be used by health and human services agencies in estimating their caseloads, with allowances given for those agencies for which exceptions from the guidelines may be necessary;
(2)  assemble a single set of economic and demographic data and provide that data to each health and human services agency to be used in estimating its caseloads;  and
(3)  seek advice from health and human services agencies, the Legislative Budget Board, the governor's budget office, the comptroller, and other relevant agencies as needed to coordinate the caseload estimating process.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(54), eff. June 17, 2011.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(54), eff. June 17, 2011.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(54), eff. June 17, 2011.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 14.09(a), eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 21(3), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 10, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(54), eff. June 17, 2011.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.031. Management Information and Cost Accounting System

Text of section effective until April 01, 2025
Sec. 531.031.  MANAGEMENT INFORMATION AND COST ACCOUNTING SYSTEM.  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.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 8.002(a), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.073, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 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 531.0313. Electronic Access to Health and Human Services Referral Information

Text of section effective until April 01, 2025
Sec. 531.0313.  ELECTRONIC ACCESS TO HEALTH AND HUMAN SERVICES REFERRAL INFORMATION.  (a)  The Texas Information and Referral Network may develop an Internet site to provide information to the public regarding the health and human services provided by public or private entities throughout the state.
(b)  The material in the Texas Information and Referral Network Internet site must be geographically indexed and designed to inform an individual about the health and human services provided in the area where the individual lives.  The material must be further indexed by type of service provided within each geographic area.
(c)  The Internet site may contain links to the Internet sites of any local provider of health and human services and may contain:
(1)  the name, address, and phone number of organizations providing health and human services in a county;
(2)  a description of the type of services provided by those organizations;  and
(3)  any other information to educate the public about the health and human services provided in a county.
(d)  The Texas Information and Referral Network shall coordinate with the Department of Information Resources to maintain the Internet site through the state electronic Internet portal project established by the Department of Information Resources.
(e)  In this section, "Internet" means the largest nonproprietary, nonprofit cooperative public computer network, popularly known as the Internet.
Added by Acts 1997, 75th Leg., ch. 652, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 357, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 973 (H.B. 1504), Sec. 8, eff. June 17, 2011.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.