reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter F. Uncompensated Hospital Care Reporting and Analysis; Administrative Penalty › Section 526.0259. Decision by Court

Text of section effective on April 01, 2025
Sec. 526.0259.  DECISION BY COURT.  (a)  If a hospital paid an administrative penalty imposed under this subchapter and on review a court does not sustain the occurrence of the violation or finds that the amount of the penalty should be reduced, the attorney general shall remit the appropriate amount to the hospital not later than the 30th day after the date the court's judgment becomes final.
(b)  If the court sustains the occurrence of the violation:
(1)  the court:
(A)  shall order the hospital to pay the amount of the administrative penalty; and
(B)  may award to the attorney general the attorney's fees and court costs the attorney general incurred in defending the action; and
(2)  the attorney general shall remit the amount of the penalty to the comptroller for deposit in the general revenue fund.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter F. Uncompensated Hospital Care Reporting and Analysis; Administrative Penalty › Section 526.0260. Recovery of Penalty

Text of section effective on April 01, 2025
Sec. 526.0260.  RECOVERY OF PENALTY.  If a hospital does not pay the amount of an administrative penalty imposed under this subchapter after the attorney general's order becomes final for all purposes, the attorney general may enforce the penalty as provided by law for legal judgments.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter G. Rural Hospital Initiatives › Section 526.0301. Strategic Plan for Rural Hospital Services; Report

Text of section effective on April 01, 2025
Sec. 526.0301.  STRATEGIC PLAN FOR RURAL HOSPITAL SERVICES; REPORT.  (a)  The commission shall develop and implement a strategic plan to ensure that the citizens in this state residing in rural areas have access to hospital services.
(b)  The strategic plan must include:
(1)  a proposal for using at least one of the following methods to ensure access to hospital services in the rural areas of this state:
(A)  an enhanced cost reimbursement methodology for the payment of rural hospitals participating in the Medicaid managed care program in conjunction with a supplemental payment program for rural hospitals to cover costs incurred in providing services to recipients;
(B)  a hospital rate enhancement program applicable only to rural hospitals;
(C)  a reduction of punitive actions under Medicaid that require reimbursement for Medicaid payments made to a rural hospital provider, a reduction of the frequency of payment reductions under Medicaid made to rural hospitals, and an enhancement of payments made under merit-based programs or similar programs for rural hospitals;
(D)  a reduction of state regulatory-related costs related to the commission's review of rural hospitals; or
(E)  in accordance with rules the Centers for Medicare and Medicaid Services adopts, the establishment of a minimum fee schedule that applies to payments made to rural hospitals by Medicaid managed care organizations; and
(2)  target dates for achieving goals related to the proposal described by Subdivision (1).
(c)  Not later than November 1 of each even-numbered year, the commission shall submit a report regarding the commission's development and implementation of the strategic plan to:
(1)  the legislature;
(2)  the governor; and
(3)  the Legislative Budget Board.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter G. Rural Hospital Initiatives › Section 526.0302. Rural Hospital Advisory Committee

Text of section effective on April 01, 2025
Sec. 526.0302.  RURAL HOSPITAL ADVISORY COMMITTEE.  (a)  The commission shall establish the rural hospital advisory committee, either as an advisory committee or as a subcommittee of the hospital payment advisory committee, to advise the commission on issues relating specifically to rural hospitals.
(b)  The rural hospital advisory committee is composed of interested individuals the executive commissioner appoints.  Section 2110.002 does not apply to the advisory committee.
(c)  An advisory committee member serves without compensation.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter G. Rural Hospital Initiatives › Section 526.0303. Collaboration With Office of Rural Affairs

Text of section effective on April 01, 2025
Sec. 526.0303.  COLLABORATION WITH OFFICE OF RURAL AFFAIRS.  The commission shall collaborate with the Office of Rural Affairs to ensure that this state is pursuing to the fullest extent possible federal grants, funding opportunities, and support programs available to rural hospitals as administered by the Health Resources and Services Administration and the Office of Minority Health in the United States Department of Health and Human Services.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter H. Medical Transportation › Section 526.0351. Definitions

Text of section effective on April 01, 2025
Sec. 526.0351.  DEFINITIONS.  In this subchapter:
(1)  "Medical transportation program" means the program that provides nonemergency transportation services to recipients under Medicaid, subject to Section 526.0353, the children with special health care needs program, and the transportation for indigent cancer patients program, who have no other means of transportation.
(2)  "Nonemergency transportation service" means nonemergency medical transportation services authorized under:
(A)  for a Medicaid recipient, the state Medicaid plan; and
(B)  for a recipient under another program described by Subdivision (1), that program.
(3)  "Regional contracted broker" means an entity that contracts with the commission to provide or arrange for the provision of nonemergency transportation services under the medical transportation program.
(4)  "Transportation network company" has the meaning assigned by Section 2402.001, Occupations Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter H. Medical Transportation › Section 526.0352. Duty to Provide Medical Transportation Services

Text of section effective on April 01, 2025
Sec. 526.0352.  DUTY TO PROVIDE MEDICAL TRANSPORTATION SERVICES.  (a)  The commission shall provide medical transportation services for clients of eligible health and human services programs.
(b)  The commission may contract with any public or private transportation provider or with any regional transportation broker for the provision of public transportation services.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter H. Medical Transportation › Section 526.0353. Applicability

Text of section effective on April 01, 2025
Sec. 526.0353.  APPLICABILITY.  Sections 526.0354-526.0360 do not apply to the provision of nonemergency transportation services to a Medicaid recipient who is enrolled in a managed care plan offered by a Medicaid managed care organization.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter H. Medical Transportation › Section 526.0354. Commission Supervision of Medical Transportation Program

Text of section effective on April 01, 2025
Sec. 526.0354.  COMMISSION SUPERVISION OF MEDICAL TRANSPORTATION PROGRAM.  Notwithstanding any other law, the commission:
(1)  shall directly supervise the administration and operation of the medical transportation program under this subchapter; and
(2)  may not delegate the commission's duty to supervise the medical transportation program to any other person, including through a contract with the Texas Department of Transportation for the department to assume any of the commission's responsibilities relating to the provision of services through that program.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter H. Medical Transportation › Section 526.0355. Contract for Public Transportation Services

Text of section effective on April 01, 2025
Sec. 526.0355.  CONTRACT FOR PUBLIC TRANSPORTATION SERVICES.  Subject to Subchapter B, Chapter 540A, the commission may contract for the provision of public transportation services, as defined by Section 461.002, Transportation Code, under the medical transportation program, with:
(1)  a public transportation provider, as defined by Section 461.002, Transportation Code;
(2)  a private transportation provider; or
(3)  a regional transportation broker.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter H. Medical Transportation › Section 526.0356. Rules for Nonemergency Transportation Services; Compliance

Text of section effective on April 01, 2025
Sec. 526.0356.  RULES FOR NONEMERGENCY TRANSPORTATION SERVICES; COMPLIANCE.  (a)  The executive commissioner shall adopt rules to ensure the safe and efficient provision of nonemergency transportation services under this subchapter. The rules must:
(1)  include minimum standards regarding the physical condition and maintenance of motor vehicles used to provide the services, including standards regarding the accessibility of motor vehicles by individuals with disabilities;
(2)  require a regional contracted broker to:
(A)  verify that each motor vehicle operator providing the services or seeking to provide the services has a valid driver's license;
(B)  check the driving record information maintained by the Department of Public Safety under Subchapter C, Chapter 521, Transportation Code, of each motor vehicle operator providing the services or seeking to provide the services; and
(C)  check the public criminal record information maintained by the Department of Public Safety and made available to the public through the department's Internet website of each motor vehicle operator providing the services or seeking to provide the services; and
(3)  include training requirements for motor vehicle operators providing the services through a regional contracted broker, including training on:
(A)  passenger safety;
(B)  passenger assistance;
(C)  assistive devices, including wheelchair lifts, tie-down equipment, and child safety seats;
(D)  sensitivity and diversity;
(E)  customer service;
(F)  defensive driving techniques; and
(G)  prohibited behavior by motor vehicle operators.
(b)  Except as provided by Section 526.0358, the commission shall require compliance with the rules adopted under Subsection (a) in any contract entered into with a regional contracted broker to provide nonemergency transportation services under the medical transportation program.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter H. Medical Transportation › Section 526.0357. Memorandum of Understanding; Driver and Vehicle Information

Text of section effective on April 01, 2025
Sec. 526.0357.  MEMORANDUM OF UNDERSTANDING; DRIVER AND VEHICLE INFORMATION.  (a)  The commission shall enter into a memorandum of understanding with the Texas Department of Motor Vehicles and the Department of Public Safety for purposes of obtaining the motor vehicle registration and driver's license information of a medical transportation services provider, including a regional contracted broker and a subcontractor of the broker, to confirm the provider complies with applicable requirements adopted under Section 526.0356(a).
(b)  The commission shall establish a process by which medical transportation services providers, including providers under a managed transportation delivery model, that contract with the commission may request and obtain the information described by Subsection (a) to ensure that subcontractors providing medical transportation services meet applicable requirements adopted under Section 526.0356(a).
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter H. Medical Transportation › Section 526.0358. Medical Transportation Services Subcontracts

Text of section effective on April 01, 2025
Sec. 526.0358.  MEDICAL TRANSPORTATION SERVICES SUBCONTRACTS.  (a)  A regional contracted broker may subcontract with a transportation network company to provide services under this subchapter. A rule or other requirement the executive commissioner adopts under Section 526.0356(a) does not apply to the subcontracted transportation network company or a motor vehicle operator who is part of the company's network. The commission or the regional contracted broker may not require a motor vehicle operator who is part of the subcontracted transportation network company's network to enroll as a Medicaid provider to provide services under this subchapter.
(b)  The commission or a regional contracted broker that subcontracts with a transportation network company under Subsection (a) may require the transportation network company or a motor vehicle operator who provides services under this subchapter to be periodically screened against the list of excluded individuals and entities maintained by the Office of Inspector General of the United States Department of Health and Human Services.
(c)  Notwithstanding any other law, a motor vehicle operator who is part of the network of a transportation network company that subcontracts with a regional contracted broker under Subsection (a) and who satisfies the driver requirements in Section 2402.107, Occupations Code, is qualified to provide services under this subchapter. The commission and the regional contracted broker may not impose any additional requirements on a motor vehicle operator who satisfies the driver requirements in Section 2402.107, Occupations Code, to provide services under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter H. Medical Transportation › Section 526.0359. Certain Providers Prohibited From Providing Nonemergency Transportation Services

Text of section effective on April 01, 2025
Sec. 526.0359.  CERTAIN PROVIDERS PROHIBITED FROM PROVIDING NONEMERGENCY TRANSPORTATION SERVICES.  Emergency medical services personnel and emergency medical services vehicles, as those terms are defined by Section 773.003, Health and Safety Code, may not provide nonemergency transportation services under the medical transportation program.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter H. Medical Transportation › Section 526.0360. Certain Wheelchair-Accessible Vehicles Authorized

Text of section effective on April 01, 2025
Sec. 526.0360.  CERTAIN WHEELCHAIR-ACCESSIBLE VEHICLES AUTHORIZED.  For purposes of this section and Sections 526.0354-526.0359 and notwithstanding Section 2402.111(a)(2)(A), Occupations Code, a motor vehicle operator who provides services under Sections 526.0354-526.0359 may use a wheelchair-accessible vehicle equipped with a lift or ramp that is capable of transporting passengers using a fixed-frame wheelchair in the cabin of the vehicle if the vehicle otherwise meets the requirements of Section 2402.111, Occupations Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter I. Caseworkers and Program Personnel › Section 526.0401. Caseload Standards for Department of Family and Protective Services

Text of section effective on April 01, 2025
Sec. 526.0401.  CASELOAD STANDARDS FOR DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.  (a)  In this section:
(1)  "Caseload standards" means the minimum and maximum number of cases that an employee can reasonably be expected to perform in a normal work month based on the number of cases handled by or the number of different job functions performed by the employee.
(2)  "Professional caseload standards" means caseload standards for employees of health and human services agencies that are established or are recommended for establishment by:
(A)  management studies conducted for health and human services agencies; or
(B)  an authority or association, including:
(i)  the Child Welfare League of America;
(ii)  the National Eligibility Workers Association;
(iii)  the National Association of Social Workers; and
(iv)  associations of state health and human services agencies.
(b)  Subject to Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, the executive commissioner may establish caseload standards and other standards relating to caseloads for each category of caseworker the Department of Family and Protective Services employs.
(c)  In establishing standards under this section, the executive commissioner shall:
(1)  ensure that the standards are based on the caseworker's actual duties;
(2)  ensure that the caseload standards are reasonable and achievable;
(3)  ensure that the standards are consistent with existing professional caseload standards;
(4)  consider standards developed by other states for caseworkers in similar positions of employment; and
(5)  ensure that the standards are consistent with existing caseload standards of other state agencies.
(d)  Subject to the availability of funds the legislature appropriates:
(1)  the commissioner of the Department of Family and Protective Services shall use the standards established under this section to determine the number of personnel to assign as caseworkers for the department; and
(2)  the Department of Family and Protective Services shall use the standards established to assign caseloads to individual caseworkers the department employs.
(e)  Nothing in this section may be construed to create a cause of action.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter I. Caseworkers and Program Personnel › Section 526.0402. Joint Training for Certain Caseworkers

Text of section effective on April 01, 2025
Sec. 526.0402.  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 State Health Services;
(3)  a local mental health authority; and
(4)  a local intellectual and developmental disability authority.
(b)  The joint training 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 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter I. Caseworkers and Program Personnel › Section 526.0403. Coordination and Approval of Caseload Estimates

Text of section effective on April 01, 2025
Sec. 526.0403.  COORDINATION AND APPROVAL OF CASELOAD ESTIMATES.  (a)  The commission shall coordinate and approve caseload estimates for programs health and human services agencies administer.
(b)  To implement this section, the commission shall:
(1)  adopt uniform guidelines for health and human services agencies to use in estimating each agency's caseload, 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 use in estimating the agency's caseload; 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.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter J. Licensing, Listing, or Registration of Certain Entities › Section 526.0451. Applicability

Text of section effective on April 01, 2025
Sec. 526.0451.  APPLICABILITY.  (a)  This subchapter applies only to the final licensing, listing, or registration decisions of a health and human services agency with respect to a person under the law authorizing the agency to regulate the following:
(1)  a youth camp licensed under Chapter 141, Health and Safety Code;
(2)  a home and community support services agency licensed under Chapter 142, Health and Safety Code;
(3)  a hospital licensed under Chapter 241, Health and Safety Code;
(4)  a facility licensed under Chapter 242, Health and Safety Code;
(5)  an assisted living facility licensed under Chapter 247, Health and Safety Code;
(6)  a special care facility licensed under Chapter 248, Health and Safety Code;
(7)  an intermediate care facility licensed under Chapter 252, Health and Safety Code;
(8)  a chemical dependency treatment facility licensed under Chapter 464, Health and Safety Code;
(9)  a mental hospital or mental health facility licensed under Chapter 577, Health and Safety Code;
(10)  a child-care facility or child-placing agency licensed under or a family home listed or registered under Chapter 42, Human Resources Code; or
(11)  a day activity and health services facility licensed under Chapter 103, Human Resources Code.
(b)  This subchapter does not apply to an agency decision that did not result in a final order or that was reversed on appeal.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter J. Licensing, Listing, or Registration of Certain Entities › Section 526.0452. Required Application Information

Text of section effective on April 01, 2025
Sec. 526.0452.  REQUIRED APPLICATION INFORMATION.  An applicant submitting an initial or renewal application for a license, including a renewal license or a license that does not expire, a listing, or a registration described by Section 526.0451 must include with the application a written statement of:
(1)  the name of any person who is or will be a controlling person, as the applicable agency regulating the person determines, of the entity for which the license, listing, or registration is sought; and
(2)  any other relevant information required by rules the executive commissioner adopts.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter J. Licensing, Listing, or Registration of Certain Entities › Section 526.0453. Application Denial Based on Adverse Agency Decision

Text of section effective on April 01, 2025
Sec. 526.0453.  APPLICATION DENIAL BASED ON ADVERSE AGENCY DECISION.  A health and human services agency that regulates a person to whom this subchapter applies may deny an application for a license, including a renewal license or a license that does not expire, a listing, or a registration described by Section 526.0451, if:
(1)  any of the following persons are listed in a record maintained under Section 526.0454:
(A)  the applicant;
(B)  a person listed on the application; or
(C)  a person the applicable regulating agency determines to be a controlling person of an entity for which the license, including a renewal license or a license that does not expire, the listing, or the registration is sought; and
(2)  the agency's action resulting in the person being listed in a record maintained under Section 526.0454 is based on:
(A)  an act or omission that resulted in physical or mental harm to an individual in the care of the applicant or person;
(B)  a threat to the health, safety, or well-being of an individual in the care of the applicant or person;
(C)  the physical, mental, or financial exploitation of an individual in the care of the applicant or person; or
(D)  the agency's determination that the applicant or person has committed an act or omission that renders the applicant unqualified or unfit to fulfill the obligations of the license, listing, or registration.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter J. Licensing, Listing, or Registration of Certain Entities › Section 526.0454. Record of Final Decision

Text of section effective on April 01, 2025
Sec. 526.0454.  RECORD OF FINAL DECISION.  (a)  Each health and human services agency that regulates a person to whom this subchapter applies shall, in accordance with this section and rules the executive commissioner adopts, maintain a record of:
(1)  each application for a license, including a renewal license or a license that does not expire, a listing, or a registration that the agency denies under the law authorizing the agency to regulate the person; and
(2)  each license, listing, or registration that the agency revokes, suspends, or terminates under the applicable law.
(b)  The record of an application required by Subsection (a)(1) must be maintained until the 10th anniversary of the date the application is denied. The record of the license, listing, or registration required by Subsection (a)(2) must be maintained until the 10th anniversary of the date of the revocation, suspension, or termination.
(c)  The record required under Subsection (a) must include:
(1)  the name and address of the applicant for a license, listing, or registration that is denied as described by Subsection (a)(1);
(2)  the name and address of each person listed in the application for a license, listing, or registration that is denied as described by Subsection (a)(1);
(3)  the name of each person the applicable regulatory agency determines to be a controlling person of an entity for which an application, license, listing, or registration is denied, revoked, suspended, or terminated as described by Subsection (a);
(4)  the specific type of license, listing, or registration the agency denied, revoked, suspended, or terminated;
(5)  a summary of the terms of the denial, revocation, suspension, or termination; and
(6)  the effective period of the denial, revocation, suspension, or termination.
(d)  Each health and human services agency that regulates a person to whom this subchapter applies each month shall provide a copy of the records maintained under this section to any other health and human services agency that regulates the person.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter K. Children and Families › Section 526.0501. Substitute Care Provider Outcome Standards

Text of section effective on April 01, 2025
Sec. 526.0501.  SUBSTITUTE CARE PROVIDER OUTCOME STANDARDS.  (a)  The executive commissioner, after consulting with representatives from the commission, the Department of Family and Protective Services, and the Texas Juvenile Justice Department, shall by rule adopt result-oriented standards that a provider of substitute care services for children under the care of this state must achieve.
(b)  A health and human services agency that purchases substitute care services shall include the result-oriented standards as requirements in each substitute care service provider contract.
(c)  A health and human services agency may provide information about a substitute care provider, including rates, contracts, outcomes, and client information, to another agency that purchases substitute care services.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter K. Children and Families › Section 526.0502. Report on Delivery of Health and Human Services to Young Texans

Text of section effective on April 01, 2025
Sec. 526.0502.  REPORT ON DELIVERY OF HEALTH AND HUMAN SERVICES TO YOUNG TEXANS.  (a)  The commission shall publish on the commission's Internet website a biennial report that addresses the efforts of the health and human services agencies to provide health and human services to children younger than six years of age.
(b)  The report may:
(1)  contain the commission's recommendations to better coordinate state agency programs relating to the delivery of health and human services to children younger than six years of age; and
(2)  propose joint agency collaborative programs.
(c)  On or before the date the report is due, the commission 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.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter K. Children and Families › Section 526.0503. Pooled Funding for Foster Care Preventive Services

Text of section effective on April 01, 2025
Sec. 526.0503.  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 held by those agencies with funds held by 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 the commission receives 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 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter K. Children and Families › Section 526.0504. Participation by Fathers

Text of section effective on April 01, 2025
Sec. 526.0504.  PARTICIPATION BY FATHERS.  (a)  The commission and each health and human services agency shall periodically examine commission or agency policies and procedures to determine if the policies and procedures deter or encourage participation of fathers in commission or agency programs and services relating to children.
(b)  Based on the examination required under Subsection (a), the commission and each health and human services agency shall modify policies and procedures as necessary to permit full participation of fathers in commission or agency programs and services relating to children in all appropriate circumstances.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter K. Children and Families › Section 526.0505. Prohibited Punitive Action for Failure to Immunize

Text of section effective on April 01, 2025
Sec. 526.0505.  PROHIBITED PUNITIVE ACTION FOR FAILURE TO IMMUNIZE.  (a)  In this section:
(1)  "Person responsible for a child's care, custody, or welfare" has the meaning assigned by Section 261.001, Family Code.
(2)  "Punitive action" includes initiating an investigation of a person responsible for a child's care, custody, or welfare for alleged or suspected abuse or neglect of a child.
(b)  The executive commissioner by rule shall prohibit a health and human services agency from taking a punitive action against a person responsible for a child's care, custody, or welfare for the person's failure to ensure that the child receives the immunization series prescribed by Section 161.004, Health and Safety Code.
(c)  This section does not affect a law, including Chapter 31, Human Resources Code, that specifically provides a punitive action for failure to ensure that a child receives the immunization series prescribed by Section 161.004, Health and Safety Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter K. Children and Families › Section 526.0506. Investigation Unit for Child-Care Facilities Operating Illegally

Text of section effective on April 01, 2025
Sec. 526.0506.  INVESTIGATION UNIT FOR CHILD-CARE FACILITIES OPERATING ILLEGALLY.  The executive commissioner shall maintain a unit within the commission's child-care licensing division consisting of investigators whose primary responsibility is to:
(1)  identify child-care facilities that are operating without a license, certification, registration, or listing required by Chapter 42, Human Resources Code; and
(2)  initiate appropriate enforcement actions against those facilities.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter L. Texas Home Visiting Program › Section 526.0551. Definitions

Text of section effective on April 01, 2025
Sec. 526.0551.  DEFINITIONS.  In this subchapter:
(1)  "Home visiting program" means a voluntary-enrollment program in which early childhood and health professionals such as nurses, social workers, or trained and supervised paraprofessionals repeatedly visit over a period of at least six months the homes of pregnant women or families with children younger than six years of age who are born with or exposed to one or more risk factors.
(2)  "Risk factors" means factors that make a child more likely to experience adverse experiences leading to negative consequences, including preterm birth, poverty, low parental education, having a teenaged mother or father, poor maternal health, and parental underemployment or unemployment.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter L. Texas Home Visiting Program › Section 526.0552. Rules

Text of section effective on April 01, 2025
Sec. 526.0552.  RULES.   The executive commissioner may adopt rules as necessary to implement this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter L. Texas Home Visiting Program › Section 526.0553. Strategic Plan; Eligibility

Text of section effective on April 01, 2025
Sec. 526.0553.  STRATEGIC PLAN; ELIGIBILITY.  (a)  The commission shall maintain a strategic plan to serve at-risk pregnant women and families with children younger than six years of age through home visiting programs that improve outcomes for parents and families.
(b)  A pregnant woman or family is considered at-risk for purposes of this section and may be eligible for voluntary enrollment in a home visiting program if the woman or family is exposed to one or more risk factors.
(c)  The commission may determine if a risk factor or combination of risk factors an at-risk pregnant woman or family experiences qualifies the woman or family for enrollment in a home visiting program.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter L. Texas Home Visiting Program › Section 526.0554. Types of Home Visiting Programs

Text of section effective on April 01, 2025
Sec. 526.0554.  TYPES OF HOME VISITING PROGRAMS.  (a)  A home visiting program is classified as either an evidence-based program or a promising practice program.
(b)  An evidence-based program is a home visiting program that:
(1)  is research-based and grounded in relevant, empirically based knowledge and program-determined outcomes;
(2)  is associated with a national organization, institution of higher education, or national or state public health institute;
(3)  has comprehensive standards that ensure high-quality service delivery and continuously improving quality;
(4)  has demonstrated significant positive short-term and long-term outcomes;
(5)  has been evaluated by at least one rigorous randomized controlled research trial across heterogeneous populations or communities, the results of at least one of which have been published in a peer-reviewed journal;
(6)  follows with fidelity a program manual or design that specifies the purpose, outcomes, duration, and frequency of the services that constitute the program;
(7)  employs well-trained and competent staff and provides continual relevant professional development opportunities;
(8)  demonstrates strong links to other community-based services; and
(9)  ensures compliance with home visiting standards.
(c)  A promising practice program is a home visiting program that:
(1)  has an active impact evaluation program or can demonstrate a timeline for implementing an active impact evaluation program;
(2)  has been evaluated by at least one outcome-based study demonstrating effectiveness or a randomized controlled trial in a homogeneous sample;
(3)  follows with fidelity a program manual or design that specifies the purpose, outcomes, duration, and frequency of the services that constitute the program;
(4)  employs well-trained and competent staff and provides continual relevant professional development opportunities;
(5)  demonstrates strong links to other community-based services; and
(6)  ensures compliance with home visiting standards.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter L. Texas Home Visiting Program › Section 526.0555. Outcomes

Text of section effective on April 01, 2025
Sec. 526.0555.  OUTCOMES.  The commission shall ensure that a home visiting program achieves favorable outcomes in at least two of the following areas:
(1)  improved maternal or child health outcomes;
(2)  improved cognitive development of children;
(3)  increased school readiness of children;
(4)  reduced child abuse, neglect, and injury;
(5)  improved child safety;
(6)  improved social-emotional development of children;
(7)  improved parenting skills, including nurturing and bonding;
(8)  improved family economic self-sufficiency;
(9)  reduced parental involvement with the criminal justice system; and
(10)  increased father involvement and support.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter L. Texas Home Visiting Program › Section 526.0556. Evaluation of Home Visiting Program

Text of section effective on April 01, 2025
Sec. 526.0556.  EVALUATION OF HOME VISITING PROGRAM.  (a)  The commission shall adopt outcome indicators to measure the effectiveness of a home visiting program in achieving desired outcomes.
(b)  The commission may work directly with the model developer of a home visiting program to identify appropriate outcome indicators for the program and to ensure that the program demonstrates fidelity to its research model.
(c)  The commission shall develop internal processes to work with home visiting programs in sharing data and information to aid in relevant analysis of a home visiting program's performance.
(d)  The commission shall use data gathered under this section to monitor, conduct ongoing quality improvement on, and evaluate the effectiveness of home visiting programs.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter L. Texas Home Visiting Program › Section 526.0557. Funding

Text of section effective on April 01, 2025
Sec. 526.0557.  FUNDING.  (a)  The commission shall ensure that at least 75 percent of the funds appropriated for home visiting programs is used in evidence-based programs described by Section 526.0554(b), with any remaining funds dedicated to promising practice programs described by Section 526.0554(c).
(b)  The commission shall actively seek and apply for any available federal funds to support home visiting programs, including federal funds from the Temporary Assistance for Needy Families program.
(c)  The commission may accept gifts, donations, and grants to support home visiting programs.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter L. Texas Home Visiting Program › Section 526.0558. Reports to Legislature

Text of section effective on April 01, 2025
Sec. 526.0558.  REPORTS TO LEGISLATURE.  (a)  Not later than December 1 of each even-numbered year, the commission shall prepare and submit a report on state-funded home visiting programs to the Senate Committee on Health and Human Services and the House Human Services Committee or their successors.
(b)  A report submitted under this section must include:
(1)  a description of home visiting programs being implemented and the associated models;
(2)  data on the number of families being served and their demographic information;
(3)  the goals and achieved outcomes of home visiting programs;
(4)  data on cost per family served, including third-party return-on-investment analysis, if available; and
(5)  data explaining the percentage of funding that has been used on evidence-based programs and the percentage of funding that has been used on promising practice programs.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.