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 531.0861. Physician Incentive Program to Reduce Hospital Emergency Room Use for Non-Emergent Conditions

Text of section effective until April 01, 2025
Sec. 531.0861.  PHYSICIAN INCENTIVE PROGRAM TO REDUCE HOSPITAL EMERGENCY ROOM USE FOR NON-EMERGENT CONDITIONS.  (a)  If cost-effective, the executive commissioner by rule shall establish a physician incentive program designed to reduce the use of hospital emergency room services for non-emergent conditions by recipients under Medicaid.
(b)  In establishing the physician incentive program under Subsection (a), the executive commissioner may include only the program components identified as cost-effective in the study conducted under former Section 531.086.
(c)  If the physician incentive program includes the payment of an enhanced reimbursement rate for routine after-hours appointments, the executive commissioner shall implement controls to ensure that the after-hours services billed are actually being provided outside of normal business hours.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.09(a), eff. September 28, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.119, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff.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 531.0862. Continued Implementation of Certain Interventions and Best Practices by Providers; Biannual Report

Text of section effective until April 01, 2025
Sec. 531.0862.  CONTINUED IMPLEMENTATION OF CERTAIN INTERVENTIONS AND BEST PRACTICES BY PROVIDERS; BIANNUAL REPORT.  (a)  The commission shall encourage Medicaid providers to continue implementing effective interventions and best practices associated with improvements in the health outcomes of Medicaid recipients that were developed and achieved under the Delivery System Reform Incentive Payment (DSRIP) program previously operated under the Texas Health Care Transformation and Quality Improvement Program waiver issued under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315), through:
(1)  existing provider incentive programs and the creation of new provider incentive programs;
(2)  the terms included in contracts with Medicaid managed care organizations;
(3)  implementation of alternative payment models; or
(4)  adoption of other cost-effective measures.
(b)  The commission shall biannually prepare and submit a report to the legislature that contains a summary of the commission's efforts under this section and Section 531.085(b).
Added by Acts 2021, 87th Leg., R.S., Ch. 384 (S.B. 1136), Sec. 2, eff. September 1, 2021.
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 531.087. Distribution of Earned Income Tax Credit Information

Text of section effective until April 01, 2025
Sec. 531.087.  DISTRIBUTION OF EARNED INCOME TAX CREDIT INFORMATION.  (a)  The commission shall ensure that educational materials relating to the federal earned income tax credit are provided in accordance with this section to each person receiving assistance or benefits under:
(1)  the child health plan program;
(2)  the financial assistance program under Chapter 31, Human Resources Code;
(3)  Medicaid;
(4)  the supplemental nutrition assistance program under Chapter 33, Human Resources Code; or
(5)  another appropriate health and human services program.
(b)  In accordance with Section 531.0317, the commission shall, by mail or through the Internet, provide a person described by Subsection (a) with access to:
(1)  Internal Revenue Service publications relating to the federal earned income tax credit or information prepared by the comptroller under Section 403.025 relating to that credit;
(2)  federal income tax forms necessary to claim the federal earned income tax credit; and
(3)  where feasible, the location of at least one program in close geographic proximity to the person that provides free federal income tax preparation services to low-income and other eligible persons.
(c)  In January of each year, the commission or a representative of the commission shall mail to each person described by Subsection (a) information about the federal earned income tax credit that provides the person with referrals to the resources described by Subsection (b).
Added by Acts 2005, 79th Leg., Ch. 925 (H.B. 401), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.120, eff. April 2, 2015.
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 531.088. Pooled Funding for Foster Care Preventive Services

Text of section effective until April 01, 2025
Sec. 531.088.  POOLED FUNDING FOR FOSTER CARE PREVENTIVE SERVICES.  (a)  The commission and the Department of Family and Protective Services shall develop and implement a plan to combine, to the extent and in the manner allowed by Section 51, Article III, Texas Constitution, and other applicable law, funds of those agencies with funds of other appropriate state agencies and local governmental entities to provide services designed to prevent children from being placed in foster care.  The preventive services may include:
(1)  child and family counseling;
(2)  instruction in parenting and homemaking skills;
(3)  parental support services;
(4)  temporary respite care; and
(5)  crisis services.
(b)  The plan must provide for:
(1)  state funding to be distributed to other state agencies, local governmental entities, or private entities only as specifically directed by the terms of a grant or contract to provide preventive services;
(2)  procedures to ensure that funds received by the commission by gift, grant, or interagency or interlocal contract from another state agency, a local governmental entity, the federal government, or any other public or private source for purposes of this section are disbursed in accordance with the terms under which the commission received the funds; and
(3)  a reporting mechanism to ensure appropriate use of funds.
(c)  For the purposes of this section, the commission may request and accept gifts and grants under the terms of a gift, grant, or contract from a local governmental entity, a private entity, or any other public or private source for use in providing services designed to prevent children from being placed in foster care.  If required by the terms of a gift, grant, or contract or by applicable law, the commission shall use the amounts received:
(1)  from a local governmental entity to provide the services in the geographic area of this state in which the entity is located; and
(2)  from the federal government or a private entity to provide the services statewide or in a particular geographic area of this state.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.70(a), eff. September 1, 2005.
Renumbered from Government Code, Section 531.078 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(32), eff. September 1, 2007.
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 531.089. Certain Medication for Sex Offenders Prohibited

Text of section effective until April 01, 2025
Sec. 531.089.  CERTAIN MEDICATION FOR SEX OFFENDERS PROHIBITED.  (a)  To the maximum extent allowable under federal law, the commission may not provide sexual performance enhancing medication under the Medicaid vendor drug program or any other health and human services program to a person required to register as a sex offender under Chapter 62, Code of Criminal Procedure.
(b)  The executive commissioner may adopt rules as necessary to implement this section.
Added by Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 3.01, eff. September 1, 2005.
Renumbered from Government Code, Section 531.078 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(33), eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.121, eff. April 2, 2015.
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 531.090. Joint Purchasing of Prescription Drugs and Other Medications

Text of section effective until April 01, 2025
Sec. 531.090.  JOINT PURCHASING OF PRESCRIPTION DRUGS AND OTHER MEDICATIONS.  (a)  Subject to Subsection (b), the commission and each health and human services agency authorized by the executive commissioner may enter into an agreement with one or more other states for the joint bulk purchasing of prescription drugs and other medications to be used in Medicaid, the state child health plan, or another program under the authority of the commission.
(b)  An agreement under this section may not be entered into until:
(1)  the commission determines that entering into the agreement would be feasible and cost-effective; and
(2)  if appropriated money would be spent under the proposed agreement, the governor and the Legislative Budget Board grant prior approval to expend appropriated money under the proposed agreement.
(c)  If an agreement is entered into, the commission shall adopt procedures applicable to an agreement and joint purchase required by this section.  The procedures must ensure that this state receives:
(1)  all prescription drugs and other medications purchased with money provided by this state; and
(2)  an equitable share of any price benefits resulting from the joint bulk purchase.
(d)  In determining the feasibility and cost-effectiveness of entering into an agreement under this section, the commission shall identify:
(1)  the most cost-effective existing joint bulk purchasing agreement; and
(2)  any potential groups of states with which this state could enter into a new cost-effective joint bulk purchasing agreement.
Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 6.01, eff. August 29, 2005.
Renumbered from Government Code, Section 531.080 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(34), eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.122, eff. April 2, 2015.
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 531.091. Integrated Benefits Issuance

Text of section effective until April 01, 2025
Sec. 531.091.  INTEGRATED BENEFITS ISSUANCE.  (a)  The commission may develop and implement a method to consolidate, to the extent possible, recipient identification and benefits issuance for the commission and health and human services agencies if the commission determines that the implementation would be feasible and cost-effective.
(b)  The method may:
(1)  provide for the use of a single integrated benefits issuance card or multiple cards capable of integrating benefits issuance or other program functions;
(2)  incorporate a fingerprint image identifier to enable personal identity verification at a point of service and reduce fraud;
(3)  enable immediate electronic verification of recipient eligibility; and
(4)  replace multiple forms, cards, or other methods used for fraud reduction or provision of health and human services benefits, including:
(A)  electronic benefits transfer cards; and
(B)  smart cards used in Medicaid.
(c)  In developing and implementing the method, the commission shall:
(1)  to the extent possible, use industry-standard communication, messaging, and electronic benefits transfer protocols;
(2)  ensure that all identifying and descriptive information of recipients of each health and human services program included in the method can only be accessed by providers or other entities participating in the particular program;
(3)  ensure that a provider or other entity participating in a health and human services program included in the method cannot identify whether a recipient of the program is receiving benefits under another program included in the method; and
(4)  ensure that the storage and communication of all identifying and descriptive information included in the method complies with existing federal and state privacy laws governing individually identifiable information for recipients of public benefits programs.
Added by Acts 2005, 79th Leg., Ch. 666 (S.B. 46), Sec. 1, eff. June 17, 2005.
Renumbered from Government Code, Section 531.080 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(35), eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.123, 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 531.092. Transfer of Money for Community-Based Services

Text of section effective until April 01, 2025
Sec. 531.092.  TRANSFER OF MONEY FOR COMMUNITY-BASED SERVICES.  (a)  The commission shall quantify the amount of money appropriated by the legislature that would have been spent during the remainder of a state fiscal biennium to care for a person who lives in a nursing facility but who is leaving that facility before the end of the biennium to live in the community with the assistance of community-based services.
(b)  Notwithstanding any other state law and to the maximum extent allowed by federal law, the executive commissioner shall direct, as appropriate:
(1)  the comptroller, at the time the person described by Subsection (a) leaves the nursing facility, to transfer an amount not to exceed the amount quantified under that subsection among the health and human services agencies and the commission as necessary to comply with this section; or
(2)  the commission or a health and human services agency, at the time the person described by Subsection (a) leaves the nursing facility, to transfer an amount not to exceed the amount quantified under that subsection within the agency's budget as necessary to comply with this section.
(c)  The commission shall ensure that the amount transferred under this section is redirected by the commission or health and human services agency, as applicable, to one or more community-based programs in the amount necessary to provide community-based services to the person after the person leaves the nursing facility.
Added by Acts 2005, 79th Leg., Ch. 985 (H.B. 1867), Sec. 1, eff. September 1, 2005.
Renumbered from Government Code, Section 531.082 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(36), eff. September 1, 2007.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
For expiration of this section, see Subsection (e).
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 531.0925. Veteran Suicide Prevention Action Plan

Text of section effective until April 01, 2025
Sec. 531.0925.  VETERAN SUICIDE PREVENTION ACTION PLAN.  (a)  The commission, in collaboration with the Texas Coordinating Council for Veterans Services, the United States Department of Veterans Affairs, the Service Members, Veterans, and Their Families Technical Assistance Center Implementation Academy of the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services, veteran advocacy groups, medical providers, and any other organization or interested party the commission considers appropriate, shall develop a comprehensive action plan to increase access to and availability of professional veteran health services to prevent veteran suicides.
(b)  The action plan must:
(1)  identify opportunities for raising awareness of and providing resources for veteran suicide prevention;
(2)  identify opportunities to increase access to veteran mental health services;
(3)  identify funding resources to provide accessible, affordable veteran mental health services;
(4)  provide measures to expand public-private partnerships to ensure access to quality, timely mental health services;
(5)  provide for proactive outreach measures to reach veterans needing care;
(6)  provide for peer-to-peer service coordination, including training, certification, recertification, and continuing education for peer coordinators; and
(7)  address suicide prevention awareness, measures, and training regarding veterans involved in the justice system.
(c)  The commission shall make specific short-term and long-term statutory, administrative, and budget-related recommendations to the legislature and the governor regarding the policy initiatives and reforms necessary to implement the action plan developed under this section.  The short-term recommendations must include a plan for state implementation beginning not later than September 1, 2019.  The initiatives and reforms in the short-term plan must be fully implemented by September 1, 2021.  The long-term recommendations must include a plan for state implementation beginning not later than September 1, 2021.  The initiatives and reforms in the long-term plan must be fully implemented by September 1, 2027.
(d)  The commission shall include in its strategic plan under Chapter 2056 the plans for implementation of the short-term and long-term recommendations under Subsection (c).
(e)  This section expires September 1, 2027.
Added by Acts 2017, 85th Leg., R.S., Ch. 561 (S.B. 578), Sec. 1, eff. June 9, 2017.
Redesignated from Government Code, Section 531.0999 by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 21.001(24), 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 531.093. Services for Military Personnel

Text of section effective until April 01, 2025
Sec. 531.093.  SERVICES FOR MILITARY PERSONNEL.  (a)  In this section, "servicemember" has the meaning assigned by Section 161.551, Health and Safety Code.
(b)  The executive commissioner shall ensure that each health and human services agency adopts policies and procedures that require the agency to:
(1)  identify servicemembers who are seeking services from the agency during the agency's intake and eligibility determination process; and
(2)  direct servicemembers seeking services to appropriate service providers, including the United States Veterans Health Administration, National Guard Bureau facilities, and other federal, state, and local service providers.
(c)  The executive commissioner shall make the directory of resources established under Section 161.552, Health and Safety Code, accessible to each health and human services agency.
Added by Acts 2007, 80th Leg., R.S., Ch. 1381 (S.B. 1058), Sec. 5, eff. September 1, 2007.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.0931. Interest List or Other Waiting List Rules for Certain Military Members and Their Dependents

Text of section effective until April 01, 2025
Sec. 531.0931.  INTEREST LIST OR OTHER WAITING LIST RULES FOR CERTAIN MILITARY MEMBERS AND THEIR DEPENDENTS.  (a)  In this section, "military member" means a member of the United States military serving in the army, navy, air force, marine corps, or coast guard on active duty.
(b)  This section applies only to:
(1)  a military member who has declared and maintains this state as the member's state of legal residence in the manner provided by the applicable military branch, or a spouse or dependent child of the member; or
(2)  the spouse or dependent child of a former military member who had declared and maintained this state as the member's state of legal residence in the manner provided by the applicable military branch and who:
(A)  was killed in action; or
(B)  died while in service.
(c)  The executive commissioner by rule shall require the commission or another health and human services agency to:
(1)  maintain the position of a person subject to this section in the queue of an interest list or other waiting list for any assistance program, including a Section 1915(c) waiver program, provided by the commission or other health and human services agency, if the person cannot receive benefits under the assistance program because the person temporarily resides out of state as the result of military service; and
(2)  subject to Subsection (e), offer benefits to the person according to the person's position on the interest list or other waiting list that was attained while the person resided out of state if the person returns to reside in this state.
(d)  If a person subject to this section reaches a position on an interest list or other waiting list that would allow the person to receive benefits under an assistance program but the person cannot receive the benefits because the person temporarily resides out of state as the result of military service, the commission or agency providing the benefits shall maintain the person's position on the list relative to other persons on the list but continue to offer benefits to other persons on the interest list or other waiting list in accordance with those persons' respective positions on the list.
(e)  In adopting rules under Subsection (c), the executive commissioner must limit the amount of time a person may maintain the person's position on an interest list or other waiting list under Subsection (c) to not more than one year after the date on which, as applicable:
(1)  the member's active duty ends;
(2)  the member was killed if the member was killed in action; or
(3)  the member died if the member died while in service.
Added by Acts 2015, 84th Leg., R.S., Ch. 466 (S.B. 169), Sec. 1, eff. June 15, 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 531.0932. Instruction Guide for Family Members and Caregivers of Veterans Who Have Mental Health Disorders

Sec. 531.0932.  INSTRUCTION GUIDE FOR FAMILY MEMBERS AND CAREGIVERS OF VETERANS WHO HAVE MENTAL HEALTH DISORDERS.  (a)  The commission and the Texas Veterans Commission jointly shall produce and make publicly available an instruction guide for family members and caregivers of veterans who have mental health disorders.
(b)  The instruction guide produced under this section must include:
(1)  general education about different mental health disorders, including instruction intended to improve understanding about the experience of persons suffering from those mental health disorders;
(2)  techniques for handling crisis situations and administering mental health first aid to persons suffering from mental health disorders;
(3)  techniques for coping with the stress of living with a person with a mental health disorder; and
(4)  information about related services available for family members and caregivers of veterans who have mental health disorders that are provided by the commission, the Texas Veterans Commission, other state agencies, community organizations, and mental health services providers.
(c)  The commission and the Texas Veterans Commission each shall publish the guide produced under this section on the respective agency's Internet website.
Added by Acts 2023, 88th Leg., R.S., Ch. 139 (S.B. 63), Sec. 1, eff. May 23, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.0941. Medicaid Health Savings Account Pilot Program

Text of section effective until April 01, 2025
Sec. 531.0941.  MEDICAID HEALTH SAVINGS ACCOUNT PILOT PROGRAM.  (a)  If the commission determines that it is cost-effective and feasible, the commission shall develop and implement a Medicaid health savings account pilot program that is consistent with federal law to:
(1)  encourage health care cost awareness and sensitivity by adult recipients; and
(2)  promote appropriate utilization of Medicaid services by adult recipients.
(b)  If the commission implements the pilot program, the commission may only include adult recipients as participants in the program.
(c)  If the commission implements the pilot program, the commission shall ensure that:
(1)  participation in the pilot program is voluntary; and
(2)  a recipient who participates in the pilot program may, at the recipient's option and subject to Subsection (d), discontinue participation in the program and resume receiving benefits and services under the traditional Medicaid delivery model.
(d)  A recipient who chooses to discontinue participation in the pilot program and resume receiving benefits and services under the traditional Medicaid delivery model before completion of the health savings account enrollment period forfeits any funds remaining in the recipient's health savings account.
Added by Acts 2007, 80th Leg., R.S., Ch. 268 (S.B. 10), Sec. 4(a), eff. September 1, 2007.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.0971. Tailored Benefit Packages for Non-Medicaid Populations

Text of section effective until April 01, 2025
Sec. 531.0971.  TAILORED BENEFIT PACKAGES FOR NON-MEDICAID POPULATIONS.  (a)  The commission shall identify state or federal non-Medicaid programs that provide health care services to persons whose health care needs could be met by providing customized benefits through a system of care that is used under a Medicaid tailored benefit package implemented under Section 531.097.
(b)  If the commission determines that it is feasible and to the extent permitted by federal and state law, the commission shall:
(1)  provide the health care services for persons identified under Subsection (a) through the applicable Medicaid tailored benefit package; and
(2)  if appropriate or necessary to provide the services as required by Subdivision (1), develop and implement a system of blended funding methodologies to provide the services in that manner.
Added by Acts 2007, 80th Leg., R.S., Ch. 268 (S.B. 10), Sec. 4(a), eff. September 1, 2007.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.0972. Pilot Program to Prevent the Spread of Certain Infectious or Communicable Diseases

Text of section effective until April 01, 2025
Sec. 531.0972.  PILOT PROGRAM TO PREVENT THE SPREAD OF CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES.  The commission may provide guidance to the local health authority of Bexar County in establishing a pilot program funded by the county to prevent the spread of HIV, hepatitis B, hepatitis C, and other infectious and communicable diseases.  The program may include a disease control program that provides for the anonymous exchange of used hypodermic needles and syringes.
Added by Acts 2007, 80th Leg., R.S., Ch. 268 (S.B. 10), Sec. 5, eff. September 1, 2007.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.0981. Wellness Screening Program

Text of section effective until April 01, 2025
Sec. 531.0981.  WELLNESS SCREENING PROGRAM.  If cost-effective, the commission may implement a wellness screening program for Medicaid recipients designed to evaluate a recipient's risk for having certain diseases and medical conditions for purposes of establishing a health baseline for each recipient that may be used to tailor the recipient's treatment plan or for establishing the recipient's health goals.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1310 (S.B. 7), Sec. 6.04, eff. September 1, 2013.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.099. Alignment of Medicaid Diabetic Equipment and Supplies Written Order Procedures With Medicare Diabetic Equipment and Supplies Written Order Procedures

Text of section effective until April 01, 2025
Sec. 531.099.  ALIGNMENT OF MEDICAID DIABETIC EQUIPMENT AND SUPPLIES WRITTEN ORDER PROCEDURES WITH MEDICARE DIABETIC EQUIPMENT AND SUPPLIES WRITTEN ORDER PROCEDURES.  (a)  The commission shall review forms and requirements under Medicaid regarding written orders for diabetic equipment and supplies to identify variations between permissible ordering procedures under that program and ordering procedures available to providers under the Medicare program.
(b)  To the extent practicable, and in conformity with Chapter 157, Occupations Code, and Chapter 483, Health and Safety Code, after conducting a review under Subsection (a) the commission or executive commissioner, as appropriate, shall modify only forms, rules, and procedures applicable to orders for diabetic equipment and supplies under Medicaid to provide for an ordering system that is comparable to the ordering system for diabetic equipment and supplies under the Medicare program.  The ordering system must permit a diabetic equipment or supplies supplier to complete the forms by hand or to enter by electronic format medical information or supply orders into any form as necessary to provide the information required to dispense diabetic equipment or supplies.
(c)  A provider of diabetic equipment and supplies may bill and collect payment for the provider's services if the provider has a copy of the form that meets the requirements of Subsection (b) and that is signed by a medical practitioner licensed in this state to treat diabetic patients.  Additional documentation may not be required.
Added by Acts 2009, 81st Leg., R.S., Ch. 380 (H.B. 1487), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.125, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
See note following this section.
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 531.09936. Establishment or Expansion of Regional Behavioral Health Centers or Jail Diversion Centers

Sec. 531.09936.  ESTABLISHMENT OR EXPANSION OF REGIONAL BEHAVIORAL HEALTH CENTERS OR JAIL DIVERSION CENTERS.  (a)  In this section:
(1)  "Governmental entity" means this state, a political subdivision of this state, or an agency of this state or a political subdivision of this state.
(2)  "Local mental health authority" has the meaning assigned by Section 531.002, Health and Safety Code.
(3)  "Nonprofit organization" means an organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt entity under Section 501(c)(3) of that code.
(b)  To the extent money is appropriated to the commission for that purpose, the commission, in cooperation with local mental health authorities located primarily in rural areas of this state, shall contract with nonprofit organizations or governmental entities to establish or expand behavioral health centers or jail diversion centers in the authorities' local service areas to:
(1)  provide additional forensic hospital beds and competency restoration services;
(2)  provide inpatient and outpatient mental health services to adults and children; and
(3)  provide services to reduce recidivism and the frequency of arrest, incarceration, and emergency detentions among persons with mental illness in the service areas.
(c)  The executive commissioner shall develop criteria for the evaluation of applications or proposals submitted by a nonprofit organization or governmental entity seeking to contract with the commission under this section.
(d)  This section may not be construed to affect a grant program established by the commission under this code.
Added by Acts 2023, 88th Leg., R.S., Ch. 944 (S.B. 1677), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.0994. Study; Annual Report

Text of section effective until April 01, 2025
Sec. 531.0994.  STUDY; ANNUAL REPORT.  (a)  The commission, in consultation with the Department of State Health Services, the Texas Medical Board, and the Texas Department of Insurance, shall explore and evaluate new developments in safeguarding protected health information.
(b)  Not later than December 1 each year, the commission shall report to the legislature on new developments in safeguarding protected health information and recommendations for the implementation of safeguards within the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1126 (H.B. 300), Sec. 17, 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 531.0995. Information for Certain Enrollees in the Healthy Texas Women Program

Text of section effective until April 01, 2025
Sec. 531.0995.  INFORMATION FOR CERTAIN ENROLLEES IN THE HEALTHY TEXAS WOMEN PROGRAM.  (a)  In this section, "Healthy Texas Women program" means a program operated by the commission that is substantially similar to the demonstration project operated under former Section 32.0248, Human Resources Code, and that is intended to expand access to preventive health and family planning services for women in this state.
(b)  This section applies to a woman who is automatically enrolled in the Healthy Texas Women program following a pregnancy for which the woman received Medicaid, but who is no longer eligible to participate in Medicaid.
(c)  After a woman described by Subsection (b) is enrolled in the Healthy Texas Women program, the commission shall provide to the woman:
(1)  information about the Healthy Texas Women program, including the services provided under the program; and
(2)  a list of health care providers who participate in the Healthy Texas Women program and are located in the same geographical area in which the woman resides.
(d)  The commission shall consult with the Maternal Mortality and Morbidity Task Force established under Chapter 34, Health and Safety Code, to improve the process for providing the information required by Subsection (c), including by determining:
(1)  the best time for providing the information; and
(2)  the manner by which the information should be provided, including the information about health care providers described by Subsection (c)(2).
Added by Acts 2019, 86th Leg., R.S., Ch. 89 (S.B. 2132), Sec. 1, eff. May 20, 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 531.09991. Plan for the Transition of Care of Certain Individuals

Sec. 531.09991.  PLAN FOR THE TRANSITION OF CARE OF CERTAIN INDIVIDUALS.  (a)  Not later than January 1, 2025, the commission shall, in consultation with nursing facilities licensed under Chapter 242, Health and Safety Code, develop a plan for transitioning from a hospital that primarily provides behavioral health services to a nursing facility individuals who require:
(1)  a level of care provided by nursing facilities; and
(2)  a high level of behavioral health supports and services.
(b)  The plan must include:
(1)  recommendations for providing incentives to providers for the provision of services to individuals described by Subsection (a), including an assessment of the feasibility of including incentive payments under the Quality Incentive Payment Program (QIPP) for those providers;
(2)  recommendations for methods to create bed capacity, including reserving specific beds; and
(3)  a fiscal estimate, including estimated costs to nursing facilities and savings to hospitals that will result from transitioning individuals under Subsection (a).
(c)  The commission may implement the plan, including recommendations under the plan, only if the commission determines that implementing the plan would increase the amount of available state general revenue.
(d)  This section expires September 1, 2025.
Added by Acts 2023, 88th Leg., R.S., Ch. 1035 (S.B. 26), Sec. 4, eff. September 1, 2023.
Text of subchapter effective until 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 C. Medicaid and Other Health and Human Services Fraud, Abuse, or Overcharges › Section 531.101. Award for Reporting Medicaid Fraud, Abuse, or Overcharges

Text of section effective until April 01, 2025
Sec. 531.101.  AWARD FOR REPORTING MEDICAID FRAUD, ABUSE, OR OVERCHARGES.  (a)  The commission may grant an award to an individual who reports activity that constitutes fraud or abuse of funds in Medicaid or reports overcharges in Medicaid if the commission determines that the disclosure results in the recovery of an administrative penalty imposed under Section 32.039, Human Resources Code.  The commission may not grant an award to an individual in connection with a report if the commission or attorney general had independent knowledge of the activity reported by the individual.
(b)  The commission shall determine the amount of an award.  The award may not exceed five percent of the amount of the administrative penalty imposed under Section 32.039, Human Resources Code, that resulted from the individual's disclosure.  In determining the amount of the award, the commission shall consider how important the disclosure is in ensuring the fiscal integrity of Medicaid.  The commission may also consider whether the individual participated in the fraud, abuse, or overcharge.
(c)  A person who brings an action under Subchapter C, Chapter 36, Human Resources Code, is not eligible for an award under this section.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 14.16, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1153, Sec. 1.06(a), eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 198, Sec. 2.18(a), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.129, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), 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 C. Medicaid and Other Health and Human Services Fraud, Abuse, or Overcharges › Section 531.1021. Subpoenas

Text of section effective until April 01, 2025
Sec. 531.1021.  SUBPOENAS.  (a)  The office of inspector general may issue a subpoena in connection with an investigation conducted by the office.  A subpoena may be issued under this section to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is in this state.
(b)  A subpoena may be served personally or by certified mail.
(c)  If a person fails to comply with a subpoena, the office, acting through the attorney general, may file suit to enforce the subpoena in a district court in this state.
(d)  On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena.  The court may punish a person who fails to obey the court order.
(e)  The office shall pay a reasonable fee for photocopies subpoenaed under this section in an amount not to exceed the amount the office may charge for copies of its records.
(f)  The reimbursement of the expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103.
(g)  All information and materials subpoenaed or compiled by the office in connection with an audit, inspection, or investigation or by the office of the attorney general in connection with a Medicaid fraud investigation are confidential and not subject to disclosure under Chapter 552, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the office or the attorney general or their employees or agents involved in the audit, inspection, or investigation conducted by the office or the attorney general, except that this information may be disclosed to the state auditor's office, law enforcement agencies, and other entities as permitted by other law.
(h)  A person who receives information under Subsection (g) may disclose the information only in accordance with Subsection (g) and in a manner that is consistent with the authorized purpose for which the person first received the information.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.20, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 349 (S.B. 1188), Sec. 18(b), eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 620 (S.B. 688), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.134, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 945 (S.B. 207), Sec. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 277 (H.B. 2379), Sec. 2, eff. May 29, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
Without reference to the amendment of this section, this subchapter was 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 C. Medicaid and Other Health and Human Services Fraud, Abuse, or Overcharges › Section 531.1022. Peace Officers

Sec. 531.1022.  PEACE OFFICERS.
Text of subsection effective until April 01, 2025
(a)  The commission's office of inspector general shall employ and commission not more than five peace officers at any given time for the purpose of assisting the office in carrying out the duties of the office relating to the investigation of fraud, waste, and abuse in Medicaid.
Text of subsection effective until April 01, 2025
(b)  Peace officers employed under this section are administratively attached to the Department of Public Safety.  The commission shall provide administrative support to the department necessary to support the assignment of peace officers employed under this section.
Text of subsection effective until January 01, 2025
(c)  A peace officer employed and commissioned by the office under this section is a peace officer for purposes of Article 2.12, Code of Criminal Procedure.
Text of subsection effective on January 01, 2025
Text of subsection effective until April 01, 2025
(c)  A peace officer employed and commissioned by the office under this section is a peace officer for purposes of Article 2A.001, Code of Criminal Procedure.
Text of subsection effective until April 01, 2025
(d)  A peace officer employed and commissioned under this section shall obtain prior approval from the office of attorney general before carrying out any duties requiring peace officer status.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1311 (S.B. 8), Sec. 6, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.135, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.096, eff. January 1, 2025.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), 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 C. Medicaid and Other Health and Human Services Fraud, Abuse, or Overcharges › Section 531.1023. Compliance With Federal Coding Guidelines

Text of section effective until April 01, 2025
Sec. 531.1023.  COMPLIANCE WITH FEDERAL CODING GUIDELINES.  (a)  The commission's office of inspector general, including office staff and any third party with which the office contracts to perform coding services, and the commission's medical and utilization review appeals unit shall comply with federal coding guidelines, including guidelines for diagnosis-related group (DRG) validation and related audits.
(b)  In this section, "federal coding guidelines" means the code sets and guidelines adopted by the United States Department of Health and Human Services in accordance with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).
Added by Acts 2015, 84th Leg., R.S., Ch. 945 (S.B. 207), Sec. 11, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 680 (S.B. 2138), Sec. 2, eff. June 10, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), 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 C. Medicaid and Other Health and Human Services Fraud, Abuse, or Overcharges › Section 531.1024. Hospital Utilization Reviews and Audits: Provider Education Process

Text of section effective until April 01, 2025
Sec. 531.1024.  HOSPITAL UTILIZATION REVIEWS AND AUDITS:  PROVIDER EDUCATION PROCESS.  The executive commissioner, in consultation with the office, shall by rule develop a process for the commission's office of inspector general, including office staff and any third party with which the office contracts to perform coding services, to communicate with and educate providers about the diagnosis-related group (DRG) validation criteria that the office uses in conducting hospital utilization reviews and audits.
Added by Acts 2015, 84th Leg., R.S., Ch. 945 (S.B. 207), Sec. 11, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
Without reference to the amendment of this section, this subchapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.