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 531.0315. Implementing National Electronic Data Interchange Standards for Health Care Information

Text of section effective until April 01, 2025
Sec. 531.0315.  IMPLEMENTING NATIONAL ELECTRONIC DATA INTERCHANGE STANDARDS FOR HEALTH CARE INFORMATION.  (a)  Each health and human services agency and every other state agency that acts as a health care provider or a claims payer for the provision of health care shall:
(1)  process information related to health care in compliance with national data interchange standards adopted under Subtitle F, Title II, Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.), and its subsequent amendments, within the applicable deadline established under federal law or federal regulations;  or
(2)  demonstrate to the commission the reasons the agency should not be required to comply with Subdivision (1), and obtain the commission's approval, to the extent allowed under federal law:
(A)  to comply with the standards at a later date;  or
(B)  to not comply with one or more of the standards.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1126, Sec. 21, eff. September 1, 2012.
Added by Acts 1999, 76th Leg., ch. 494, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 21, eff. September 1, 2012.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff.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 531.0318. Long-Term Care Consumer Information Made Available Through the Internet

Text of section effective until April 01, 2025
Sec. 531.0318.  LONG-TERM CARE CONSUMER INFORMATION MADE AVAILABLE THROUGH THE INTERNET.  (a)  The Internet site maintained under Section 531.0317 must include information for consumers concerning long-term care services that complies with this section.  The Internet site maintained by the Department of Aging and Disability Services must also include, or provide a link to, the information required by this section.
(b)  The information for consumers required by this section must:
(1)  be presented in a manner that is easily accessible to, and understandable by, a consumer; and
(2)  allow a consumer to make informed choices concerning long-term care services and include:
(A)  an explanation of the manner in which long-term care service delivery is administered in different counties through different programs operated by the commission and by the Department of Aging and Disability Services, so that an individual can easily understand the service options available in the area in which that individual lives; and
(B)  for the Star + Plus Medicaid managed care program, information that allows a consumer to evaluate the performance of each participating plan issuer, including for each issuer, in an accessible format such as a table:
(i)  the enrollment in each county;
(ii)  additional "value-added" services provided;
(iii)  a summary of the financial statistical report required under Subchapter A, Chapter 533;
(iv)  complaint information;
(v)  any sanction or penalty imposed by any state agency, including a sanction or penalty imposed by the commission or the Texas Department of Insurance;
(vi)  information concerning consumer satisfaction; and
(vii)  other data, including relevant data from reports of external quality review organizations, that may be used by the consumer to evaluate the quality of the services provided.
(c)  In addition to providing the information required by this section through the Internet, the commission or the Department of Aging and Disability Services shall, on request by a consumer without Internet access, provide the consumer with a printed copy of the information from the website.  The commission or department may charge a reasonable fee for printing the information. The executive commissioner shall establish the fee by rule.
Added by Acts 2009, 81st Leg., R.S., Ch. 759 (S.B. 705), Sec. 3, eff. June 19, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.076, 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 531.032. Application of Other Laws

Text of section effective until April 01, 2025
Sec. 531.032.  APPLICATION OF OTHER LAWS.  The commission is subject to Chapters 2001 and 2002.
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 531.033. Rules

Text of section effective until April 01, 2025
Sec. 531.033.  RULES.  The executive commissioner shall adopt rules necessary to carry out the commission's duties under this chapter.
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. 2.077, 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 531.0335. Prohibition on Punitive Action for Failure to Immunize

Text of section effective until April 01, 2025
Sec. 531.0335.  PROHIBITION ON 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 the initiation of 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 failure of the person 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 2003, 78th Leg., ch. 198, Sec. 2.04, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.078, 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 531.035. Dispute Arbitration

Text of section effective until April 01, 2025
Sec. 531.035.  DISPUTE ARBITRATION.  The executive commissioner shall arbitrate and render the final decision on interagency disputes.
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. 14.10(c), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.079, 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 531.036. Public Hearings

Text of section effective until April 01, 2025
Sec. 531.036.  PUBLIC HEARINGS.  (a)  The commission biennially shall conduct a series of public hearings in diverse locations throughout the state to give citizens of the state an opportunity to comment on health and human services issues.
(b)  A hearing held under this section is subject to Chapter 551.
(c)  In conducting a public hearing under this section, the commission shall, to the greatest extent possible, encourage participation in the hearings process by diverse groups of citizens in this state.  Hearings shall be of a sufficient number to allow reasonable access to citizens in both rural and urban areas, with an emphasis on geographic diversity.
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 531.037. Notice of Public Hearings

Text of section effective until April 01, 2025
Sec. 531.037.  NOTICE OF PUBLIC HEARINGS.  (a)  In addition to the notice required by Chapter 551, the commission shall:
(1)  provide written notification to public officials in the affected area;  and
(2)  publish notice of a public hearing under Section 531.036 in a newspaper of general circulation in the county in which the hearing is to be held.
(b)  If the county in which the hearing is to be held does not have a newspaper of general circulation, the commission shall publish notice in a newspaper of general circulation in an adjacent county or in the nearest county in which a newspaper of general circulation is published.
(c)  Notice shall be published once a week for two consecutive weeks before the hearing, with the first publication appearing not later than the 15th day before the date set for the hearing.
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 531.038. Gifts and Grants

Text of section effective until April 01, 2025
Sec. 531.038.  GIFTS AND GRANTS.  The commission may accept a gift or grant from a public or private source to perform any of the commission's powers or duties.
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 531.0381. Certain Gifts and Grants to Health and Human Services Agencies

Text of section effective until April 01, 2025
Sec. 531.0381.  CERTAIN GIFTS AND GRANTS TO HEALTH AND HUMAN SERVICES AGENCIES.  (a)  Subject to this section, a health and human services agency may accept a gift or grant of money, drugs, equipment, or any other item of value from a pharmaceutical manufacturer, distributor, provider, or another entity engaged in a pharmaceutical-related business.
(b)  Acceptance of a gift or grant under this section is subject to the written approval of the executive commissioner.  Chapter 575 does not apply to a gift or grant under this section.
(c)  The executive commissioner may adopt rules and procedures to implement this section.  The rules must ensure that acceptance of a gift or grant under this section is consistent with any applicable federal law or regulation and does not adversely affect federal financial participation in any state program, including Medicaid.
(d)  This section does not affect the authority under other law of the commission or a health and human services agency to accept a gift or grant from a person other than a pharmaceutical manufacturer, distributor, provider, or another entity engaged in a pharmaceutical-related business.
Added by Acts 2003, 78th Leg., ch. 722, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.080, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.081, 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 531.039. Contracts

Text of section effective until April 01, 2025
Sec. 531.039.  CONTRACTS.  The commission may enter into contracts as necessary to perform any of the commission's powers or duties.
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 531.0391. Subrogation and Third-Party Reimbursement Collection Contract

Text of section effective until April 01, 2025
Sec. 531.0391.  SUBROGATION AND THIRD-PARTY REIMBURSEMENT COLLECTION CONTRACT.  (a)  The commission shall enter into a contract under which the contractor is authorized on behalf of the commission or a health and human services agency to recover money under a subrogation or third-party reimbursement right held by the commission or a health and human services agency arising from payment of medical expenses.  The contract must provide that:
(1)  the commission or agency, as appropriate, shall compensate the contractor based on a percentage of the amount of money recovered by the contractor for the commission or agency;  and
(2)  with the approval of the attorney required by other law to represent the commission or agency in court, the contractor may represent the commission or agency in a court proceeding to recover money under a subrogation or third-party reimbursement right if the representation is cost-effective and specifically authorized by the commission.
(b)  The commission shall develop a process for identifying claims for the recovery of money under a subrogation or third-party reimbursement right described by this section and referring the claims to the contractor.  A health and human services agency shall cooperate with the contractor on a claim of the agency referred to the contractor for collection.
(c)  The commission is not required to enter into a contract under Subsection (a) if the commission cannot identify a contractor who is willing to contract with the commission on reasonable terms.  If the commission cannot identify such a contractor, the commission shall develop and implement alternative policies to ensure the collection of money under a subrogation or third-party reimbursement right.
(d)  The commission may allow a state agency other than a health and human services agency to be a party to the contract required under Subsection (a).  In that case, the commission shall modify the contract as necessary to reflect the services to be provided by the contractor to the additional state agency.
Added by Acts 1997, 75th Leg., ch. 1030, Sec. 1, eff. June 19, 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 531.0392. Recovery of Certain Third-Party Reimbursements Under Medicaid

Text of section effective until April 01, 2025
Sec. 531.0392.  RECOVERY OF CERTAIN THIRD-PARTY REIMBURSEMENTS UNDER MEDICAID.  (a)  In this section, "dually eligible individual" means an individual who is eligible to receive health care benefits under both Medicaid and the Medicare program.
(b)  The commission shall obtain Medicaid reimbursement from each fiscal intermediary who makes a payment to a service provider on behalf of the Medicare program, including a reimbursement for a payment made to a home health services provider or nursing facility for services rendered to a dually eligible individual.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.05, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.082, 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 531.040. Reference Guide; Dictionary

Text of section effective until April 01, 2025
Sec. 531.040.  REFERENCE GUIDE;  DICTIONARY.  (a)  The commission shall publish a biennial reference guide describing available public health and human services in this state and shall make the guide available to all interested parties and agencies.
(b)  The reference guide must include a dictionary of uniform terms and services.
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 531.041. General Powers and Duties

Text of section effective until April 01, 2025
Sec. 531.041.  GENERAL POWERS AND DUTIES.  The executive commissioner and the commission have all the powers and duties necessary to administer this chapter.
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. 2.083, 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 531.0411. Rules Regarding Refugee Resettlement

Text of section effective until April 01, 2025
Sec. 531.0411.  RULES REGARDING REFUGEE RESETTLEMENT.  (a)  In this section, "local resettlement agency" and "national voluntary agency" have the meanings assigned by 45 C.F.R. Section 400.2.
(b)  The executive commissioner shall adopt rules to ensure that local governmental and community input is included in any refugee placement report required under a federal refugee resettlement program and that governmental entities and officials are provided with related information.  In adopting rules under this section, the executive commissioner shall, to the extent permitted under federal law, ensure that:
(1)  meetings are convened, at least quarterly, in the communities proposed for refugee placement at which representatives of local resettlement agencies have an opportunity to consult with and obtain feedback from local governmental entities and officials, including municipal and county officials, local school district officials, and representatives of local law enforcement agencies, and from other community stakeholders, including major providers under the local health care system and major employers of refugees, regarding proposed refugee placement;
(2)  a local resettlement agency:
(A)  considers all feedback obtained in meetings conducted under Subdivision (1) before preparing a proposed annual report on the placement of refugees for purposes of 8 U.S.C. Section 1522(b)(7)(E);
(B)  informs the state and local governmental entities and officials and community stakeholders described under Subdivision (1) of the proposed annual report; and
(C)  develops a final annual report for the national voluntary agencies and the commission that includes a summary regarding how stakeholder input contributed to the report; and
(3)  the commission:
(A)  obtains from local resettlement agencies the preliminary number of refugees the local resettlement agencies recommended to the national voluntary agencies for placement in communities throughout this state and provides that information to local governmental entities and officials in those communities; and
(B)  obtains from the United States Department of State or other appropriate federal agency the number of refugees apportioned to this state and provides that information and information regarding the number of refugees intended to be placed in each community in this state to local governmental entities and officials in those communities.
Added by Acts 2015, 84th Leg., R.S., Ch. 1227 (S.B. 1928), Sec. 1, eff. June 19, 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 531.042. Information and Assistance Regarding Care and Support Options

Text of section effective until April 01, 2025
Sec. 531.042.  INFORMATION AND ASSISTANCE REGARDING CARE AND SUPPORT OPTIONS.  (a)  The executive commissioner by rule shall require each health and human services agency to provide to each patient or client of the agency and to at least one family member of the patient or client, if possible, information regarding all care and support options available to the patient or client, including community-based services appropriate to the needs of the patient or client, before the agency allows the patient or client to be placed in a care setting, including a nursing facility, intermediate care facility for individuals with an intellectual disability, or general residential operation for children with an intellectual disability that is licensed by the Department of Family and Protective Services, to receive care or services provided by the agency or by a person under an agreement with the agency.
(b)  The rules must require each health and human services agency to provide information about all long-term care options and long-term support options available to the patient or client, including community-based options and options available through another agency or a private provider.  The information must be provided in a manner designed to maximize the patient's or client's understanding of all available options.  If the patient or client has a legally authorized representative, as defined by Section 241.151, Health and Safety Code, the information must also be provided to that representative. If the patient or client is in the conservatorship of a health and human services agency, the information must be provided to the patient's or client's agency caseworker and foster parents, if applicable.
(c)  A health and human services agency that provides a patient, client, or other person as required by this section with information regarding care and support options available to the patient or client shall assist the patient, client, or other person in taking advantage of an option selected by the patient, client, or other person, subject to the availability of funds.  If the selected option is not immediately available for any reason, the agency shall provide assistance in placing the patient or client on a waiting list for that option.
(d)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(16), eff. September 1, 2013.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 14.11(a), eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1239, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 36, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(16), eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.084, 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 531.043. Long-Term Care Vision

Text of section effective until April 01, 2025
Sec. 531.043.  LONG-TERM CARE VISION.  (a)  In conjunction with the appropriate state agencies, the executive commissioner shall develop a plan for access to individualized long-term care services for persons with functional limitations or medical needs and their families that assists those persons in achieving and maintaining the greatest possible independence, autonomy, and quality of life.
(b)  The guiding principles and goals of the plan focusing on the individual and the individual's family must:
(1)  recognize that it is the policy of this state that children should grow up in families and that persons with disabilities and elderly persons should live in the setting of their choice;  and
(2)  ensure that persons needing assistance and their families will have:
(A)  the maximum possible control over their services;
(B)  a choice of a broad, comprehensive array of services designed to meet individual needs;  and
(C)  the easiest possible access to appropriate care and support, regardless of the area of the state in which they live.
(c)  The guiding principles and goals of the long-term care plan focusing on services and delivery of those services by the state must:
(1)  emphasize the development of home-based and community-based services and housing alternatives to complement the long-term care services already in existence;
(2)  ensure that services will be of the highest possible quality, with a minimum amount of regulation, structure, and complexity at the service level;
(3)  recognize that maximum independence and autonomy represent major goals, and with those comes a certain degree of risk;
(4)  maximize resources to the greatest extent possible, with the consumer receiving only the services that the consumer prefers and that are indicated by a functional assessment of need;  and
(5)  structure the service delivery system to support these goals, ensuring that any necessary complexity of the system is at the administrative level rather than at the client level.
(d)  The commission shall coordinate state services to ensure that:
(1)  the roles and responsibilities of the agencies providing long-term care are clarified;  and
(2)  duplication of services and resources is minimized.
(e)  In this section, "long-term care" means the provision of health care, personal care, and assistance related to health and social services over a sustained period to people of all ages and their families, regardless of the setting in which the care is given.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 14.12(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.085, 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 531.044. Financial Assistance Recipients Eligible for Federal Programs

Text of section effective until April 01, 2025
Sec. 531.044.  FINANCIAL ASSISTANCE RECIPIENTS ELIGIBLE FOR FEDERAL PROGRAMS.   The commission shall assist recipients of financial assistance under Chapter 31, Human Resources Code, who are eligible for assistance under federal programs to apply for benefits under those federal programs.  The commission may delegate this responsibility to a health and human services agency, contract with a unit of local government, or use any other cost-effective method to assist financial assistance recipients who are eligible for federal programs.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 14.13(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.086, 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 531.047. Substitute Care Provider Outcome Standards

Text of section effective until April 01, 2025
Sec. 531.047.  SUBSTITUTE CARE PROVIDER OUTCOME STANDARDS.  (a)  The executive commissioner, after consulting with representatives from the Department of Family and Protective Services, the Texas Juvenile Justice Department, the Department of Aging and Disability Services, and the Department of State Health Services, shall by rule adopt result-oriented standards that a provider of substitute care services for children under the care of the state must achieve.
(b)  A health and human services agency that purchases substitute care services must 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 1997, 75th Leg., ch. 1022, Sec. 98, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.088, 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 531.048. Caseload Standards

Text of section effective until April 01, 2025
Sec. 531.048.  CASELOAD STANDARDS.  (a) The executive commissioner may establish caseload standards and other standards relating to caseloads for each category of caseworker employed by the Department of Family and Protective Services.
(b)  In establishing standards under this section, the executive commissioner shall:
(1)  ensure the standards are based on the actual duties of the caseworker;
(2)  ensure the caseload standards are reasonable and achievable;
(3)  ensure 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 the standards are consistent with existing caseload standards of other state agencies.
(c)  Subject to the availability of funds appropriated by the legislature, the commissioner of the Department of Family and Protective Services shall use the standards established by the executive commissioner under this section to determine the number of personnel to assign as caseworkers for the department.
(d)  Subject to the availability of funds appropriated by the legislature, the Department of Family and Protective Services shall use the standards established by the executive commissioner to assign caseloads to individual caseworkers employed by the department.
(f)  Nothing in this section may be construed to create a cause of action.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 99, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 2.18(a), eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.089, 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 531.050. Minimum Collection Goal

Text of section effective until April 01, 2025
Sec. 531.050.  MINIMUM COLLECTION GOAL.  (a)  Before August 31 of each year, the executive commissioner by rule shall set a minimum goal for the commission that specifies the percentage of the amount of benefits granted by the commission in error under the supplemental nutrition assistance program or the program of financial assistance under Chapter 31, Human Resources Code, that the commission should recover.  The executive commissioner shall set the percentage based on comparable recovery rates reported by other states or other appropriate factors identified by the executive commissioner.
(b)  If the commission fails to meet the goal set under Subsection (a) for the fiscal year, the executive commissioner shall notify the comptroller, and the comptroller shall reduce the commission's general revenue appropriation by an amount equal to the difference between the amount of state funds the commission would have collected had the commission met the goal and the amount of state funds the commission actually collected.
(c)  The executive commissioner, the governor, and the Legislative Budget Board shall monitor the commission's performance in meeting the goal set under this section.  The commission shall cooperate by providing to the governor and the Legislative Budget Board, on request, information concerning the commission's collection efforts.
Added by Acts 1997, 75th Leg., ch. 1153, Sec. 1.05(a), eff. June 20, 1997.  Renumbered from Sec. 531.047 by Acts 1999, 76th Leg., ch. 62, Sec. 19.01(47), eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.090, 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 531.0501. Medicaid Waiver Programs: Interest List Management

Text of section effective until April 01, 2025
Sec. 531.0501.  MEDICAID WAIVER PROGRAMS: INTEREST LIST MANAGEMENT.
(a)  Expired.
(b)  Expired.
(c)  Expired.
(d)  The commission shall develop a protocol in the office of the ombudsman to improve the capture and updating of contact information for an individual who contacts the office of the ombudsman regarding Medicaid waiver programs or services.
Added by Acts 2021, 87th Leg., R.S., Ch. 820 (H.B. 2658), Sec. 1, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 954 (S.B. 1648), Sec. 3, 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 531.0511. Medically Dependent Children Waiver Program: Consumer Direction of Services

Text of section effective until April 01, 2025
Sec. 531.0511.  MEDICALLY DEPENDENT CHILDREN WAIVER PROGRAM:  CONSUMER DIRECTION OF SERVICES.  Notwithstanding Sections 531.051(c)(1) and (d), a consumer direction model implemented under Section 531.051, including the consumer-directed service option, for the delivery of services under the medically dependent children (MDCP) waiver program must allow for the delivery of all services and supports available under that program through consumer direction.
Added by Acts 2019, 86th Leg., R.S., Ch. 1330 (H.B. 4533), Sec. 2, 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 531.0512. Notification Regarding Consumer Direction Model

Text of section effective until April 01, 2025
Sec. 531.0512.  NOTIFICATION REGARDING CONSUMER DIRECTION MODEL.  The commission shall:
(1)  develop a procedure to:
(A)  verify that a Medicaid recipient or the recipient's parent or legal guardian is informed regarding the consumer direction model and provided the option to choose to receive care under that model; and
(B)  if the individual declines to receive care under the consumer direction model, document the declination; and
(2)  ensure that each Medicaid managed care organization implements the procedure.
Added by Acts 2021, 87th Leg., R.S., Ch. 820 (H.B. 2658), Sec. 1, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 954 (S.B. 1648), Sec. 3, 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 531.0515. Risk Management Criteria for Certain Waiver Programs

Text of section effective until April 01, 2025
Sec. 531.0515.  RISK MANAGEMENT CRITERIA FOR CERTAIN WAIVER PROGRAMS.  (a)  In this section, "legally authorized representative" has the meaning assigned by Section 531.051.
(b)  The commission shall consider developing risk management criteria under home and community-based services waiver programs designed to allow individuals eligible to receive services under the programs to assume greater choice and responsibility over the services and supports the individuals receive.
(c)  The commission shall ensure that any risk management criteria developed under this section include:
(1)  a requirement that if an individual to whom services and supports are to be provided has a legally authorized representative, the representative be involved in determining which services and supports the individual will receive; and
(2)  a requirement that if services or supports are declined, the decision to decline is clearly documented.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1057 (S.B. 222), Sec. 1, eff. September 1, 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 531.053. Leases and Subleases of Certain Office Space

Text of section effective until April 01, 2025
Sec. 531.053.  LEASES AND SUBLEASES OF CERTAIN OFFICE SPACE.  (a)  A health and human services agency, with the approval of the commission, or the Texas Workforce Commission or any other state agency that administers employment services programs may sublease office space to a private service entity or lease office space from a private service entity that provides publicly funded health, human, or workforce services to enable agency eligibility and enrollment personnel to work with the entity if:
(1)  client access to services would be enhanced;  and
(2)  the colocation of offices would improve the efficiency of the administration and delivery of services.
(b)  Subchapters D and E, Chapter 2165, do not apply to a state agency that leases office space to a private service entity or subleases office space to a private service entity under this section.
(c)  Subchapter B, Chapter 2167, does not apply to a state agency that leases office space from a private service entity or subleases office space from a private service entity under this section.
(d)  A state agency is delegated the authority to enter into a lease or sublease under this section and may negotiate the terms of the lease or sublease.
(e)  To the extent authorized by federal law, a state agency may share business resources with a private service entity that enters into a lease or sublease agreement with the agency under this section.
Acts 1999, 76th Leg. ch. 1013, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 531.051 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(46), eff. Sept. 1, 2001.
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 531.054. Assumption of Leases for Implementations of Integrated Enrollment Services Initiative

Text of section effective until April 01, 2025
Sec. 531.054.  ASSUMPTION OF LEASES FOR IMPLEMENTATIONS OF INTEGRATED ENROLLMENT SERVICES INITIATIVE.  (a)  A health and human services agency, with the approval of the commission, or the Texas Workforce Commission or any other state agency that administers employment services programs may assume a lease from an integrated enrollment services initiative contractor or subcontractor for the purpose of implementing the initiative at one development center, one mail center, or 10 or more call or change centers.
(b)  Subchapter B, Chapter 2167, does not apply to a state agency that assumes a lease from a contractor or subcontractor under this section.
Added by Acts 1999, 76th Leg., ch. 1013, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 531.052 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(47), eff. Sept. 1, 2001.
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 531.056. Review of Survey Process in Certain Institutions and Facilities

Text of section effective until April 01, 2025
Sec. 531.056.  REVIEW OF SURVEY PROCESS IN CERTAIN INSTITUTIONS AND FACILITIES.  (a)  The commission shall adopt procedures to review:
(1)  citations or penalties assessed for a violation of a rule or law against an institution or facility licensed under Chapter 242, 247, or 252, Health and Safety Code, or certified to participate in Medicaid administered in accordance with Chapter 32, Human Resources Code, considering:
(A)  the number of violations by geographic region;
(B)  the patterns of violations in each region; and
(C)  the outcomes following the assessment of a penalty or citation; and
(2)  the performance of duties by employees and agents of a state agency responsible for licensing, inspecting, surveying, or investigating institutions and facilities licensed under Chapter 242, 247, or 252, Health and Safety Code, or certified to participate in Medicaid administered in accordance with Chapter 32, Human Resources Code, related to:
(A)  complaints received by the commission; or
(B)  any standards or rules violated by an employee or agent of a state agency.
Added by Acts 2001, 77th Leg., ch. 1284, Sec. 7.02, eff. June 15, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 21(6), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(57), eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.093, 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 531.0585. Issuance of Materials to Certain Long-Term Care Facilities

Text of section effective until April 01, 2025
Sec. 531.0585.  ISSUANCE OF MATERIALS TO CERTAIN LONG-TERM CARE FACILITIES.  The executive commissioner shall review the commission's methods for issuing informational letters, policy updates, policy clarifications, and other related materials to an entity licensed under Chapter 103, Human Resources Code, or Chapter 242, 247, 248A, or 252, Health and Safety Code, and develop and implement more efficient methods to issue those materials as appropriate.
Added by Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 2, eff. September 1, 2017.
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 531.059. Voucher Program for Transitional Living Assistance for Persons With Disabilities

Text of section effective until April 01, 2025
Sec. 531.059.  VOUCHER PROGRAM FOR TRANSITIONAL LIVING ASSISTANCE FOR PERSONS WITH DISABILITIES.  (a)  In this section:
(1)  "Institutional housing" means:
(A)  an ICF-IID, as defined by Section 531.002, Health and Safety Code;
(B)  a nursing facility;
(C)  a state hospital, state supported living center, or state center maintained and managed by the Department of State Health Services or the Department of Aging and Disability Services;
(D)  a general residential operation for children with an intellectual disability that is licensed by the Department of Family and Protective Services; or
(E)  a general residential operation, as defined by Section 42.002, Human Resources Code.
(2)  "Integrated housing" means housing in which a person with a disability resides or may reside that is found in the community but that is not exclusively occupied by persons with disabilities and their care providers.
(b)  Subject to the availability of funds, the commission shall coordinate with the Texas Department of Housing and Community Affairs, the Department of State Health Services, and the Department of Aging and Disability Services to develop a housing assistance program to assist persons with disabilities in moving from institutional housing to integrated housing.  In developing the program, the agencies shall address:
(1)  eligibility requirements for assistance;
(2)  the period during which a person with a disability may receive assistance;
(3)  the types of housing expenses to be covered under the program; and
(4)  the locations at which the program will be operated.
(c)  Subject to the availability of funds, the Department of Aging and Disability Services shall administer the housing assistance program under this section.  The department shall coordinate with the Texas Department of Housing and Community Affairs in administering the program, determining the availability of funding from the United States Department of Housing and Urban Development, and obtaining those funds.
(d)  The Texas Department of Housing and Community Affairs and the Department of Aging and Disability Services shall provide information to the commission as necessary to facilitate the administration of the housing assistance program.
Added by Acts 2001, 77th Leg., ch. 1239, Sec. 3, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 531.055 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(68), eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 728 (S.B. 49), Sec. 2, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.097, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.