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 Q. Case Management Services for Certain Pregnant Women › Section 531.653. Case Management for Children and Pregnant Women Program: Provider Qualifications

Sec. 531.653.  CASE MANAGEMENT FOR CHILDREN AND PREGNANT WOMEN PROGRAM:  PROVIDER QUALIFICATIONS.  Program services may be provided only by a provider who completes the standardized case management training required by the commission under Section 531.654 and who is:
(1)  an advanced practice nurse who holds a license, other than a provisional or temporary license, under Chapter 301, Occupations Code;
(2)  a registered nurse who holds a license, other than a provisional or temporary license, under Chapter 301, Occupations Code, and:
(A)  completed a baccalaureate degree program in nursing; or
(B)  completed an associate degree program in nursing and has:
(i)  at least two years of cumulative paid full-time work experience; or
(ii)  at least two years of cumulative, supervised full-time educational internship or practicum experience obtained in the last 10 years that included assessing the psychosocial and health needs of and making community referrals of:
(a)  children who are 21 years of age or younger; or
(b)  pregnant women;
(3)  a social worker who holds a license, other than a provisional or temporary license, under Chapter 505, Occupations Code, appropriate for the individual's practice, including the practice of independent social work;
(4)  a community health worker as defined by Section 48.001, Health and Safety Code, who is certified by the Department of State Health Services; or
(5)  a doula who is certified by a recognized national certification program, as determined by the commission, unless the doula qualifies as a certified community health worker under Subdivision (4).
Added by Acts 2023, 88th Leg., R.S., Ch. 316 (H.B. 1575), 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 Q. Case Management Services for Certain Pregnant Women › Section 531.654. Case Management for Children and Pregnant Women Program: Provider Training

Sec. 531.654.  CASE MANAGEMENT FOR CHILDREN AND PREGNANT WOMEN PROGRAM: PROVIDER TRAINING.  The commission shall require that each provider of program services complete training prescribed by the commission. The training must be trauma-informed and include instruction on:
(1)  social services provided by this state and local governments in this state;
(2)  community assistance programs, including programs providing:
(A)  nutrition and housing assistance;
(B)  counseling and parenting services;
(C)  substance use disorder treatment; and
(D)  domestic violence assistance and shelter;
(3)  domestic violence and coercive control dynamics;
(4)  methods for explaining and eliciting an eligible recipient's informed consent to receive:
(A)  program services screening; and
(B)  any services that may be offered as a result of the screening; and
(5)  procedures for:
(A)  an eligible recipient to:
(i)  decline program services screening; or
(ii)  withdraw consent for offered services; and
(B)  ensuring that the recipient is not subject to any retaliatory action for declining or discontinuing any screenings or services.
Added by Acts 2023, 88th Leg., R.S., Ch. 316 (H.B. 1575), 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 Q. Case Management Services for Certain Pregnant Women › Section 531.655. Initial Medical and Nonmedical Health-Related Screenings of Certain Recipients

Sec. 531.655.  INITIAL MEDICAL AND NONMEDICAL HEALTH-RELATED SCREENINGS OF CERTAIN RECIPIENTS.  (a)  A Medicaid managed care organization that provides health care services to a pregnant woman under the STAR Medicaid managed care program shall conduct an initial health needs screening and nonmedical health-related needs screening of each pregnant recipient to determine, regardless of whether the recipient is considered to have a high-risk pregnancy, if the recipient:
(1)  is eligible for service coordination benefits to be provided by the managed care organization; or
(2)  should be referred for program services.
(b)  Service coordination benefits described by Subsection (a) must include identifying and coordinating the provision of non-covered services, community supports, and other resources the Medicaid managed care organization determines will improve the recipient's health outcomes.
(c)  A Medicaid managed care organization must use the results of the screenings conducted under Subsection (a) to determine if a recipient requires a more comprehensive assessment for purposes of determining whether the recipient is eligible for service coordination benefits or program services.
Added by Acts 2023, 88th Leg., R.S., Ch. 316 (H.B. 1575), 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 Q. Case Management Services for Certain Pregnant Women › Section 531.656. Screening and Program Services Optional

Sec. 531.656.  SCREENING AND PROGRAM SERVICES OPTIONAL.  A Medicaid managed care organization providing screenings under Section 531.655 must inform each pregnant woman who is referred for program services or for whom screening is conducted under that section that:
(1)  the woman has a right to decline the screening or services or choose to discontinue the screening or services at any time; and
(2)  declining or discontinuing the screening or services will not result in retaliatory action against the woman in the provision of other services.
Added by Acts 2023, 88th Leg., R.S., Ch. 316 (H.B. 1575), 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 S. Community-Based Navigator Program › Section 531.751. Definitions

Text of section effective until April 01, 2025
Sec. 531.751.  DEFINITIONS.  In this subchapter:
(1)  "Community-based organization" and "faith-based organization" have the meanings assigned by Section 535.001.
(2)  "Navigator" means a person who is:
(A)  a volunteer or other representative of a faith- or community-based organization; and
(B)  certified by the commission to provide or facilitate the provision of information or assistance through the faith- or community-based organization to individuals applying or seeking to apply online through the Texas Integrated Eligibility Redesign System (TIERS) or any other electronic eligibility system that is linked to or made a part of that system for public assistance benefits administered by the commission.
Added by Acts 2011, 82nd Leg., R.S., Ch. 537 (H.B. 2610), Sec. 1, eff. September 1, 2011.
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 S. Community-Based Navigator Program › Section 531.752. Establishment of Community-Based Navigator Program

Text of section effective until April 01, 2025
Sec. 531.752.  ESTABLISHMENT OF COMMUNITY-BASED NAVIGATOR PROGRAM.  If the executive commissioner determines that a statewide community-based navigator program can be established and operated using existing resources and without disrupting other commission functions, the commission shall establish a statewide community-based navigator program through which the commission will train and certify as navigators volunteers and other representatives of faith- and community-based organizations to assist individuals applying or seeking to apply online for public assistance benefits through the Texas Integrated Eligibility Redesign System (TIERS) or any other electronic eligibility system that is linked to or made a part of that system. In establishing the navigator program, the commission shall solicit the expertise and assistance of interested persons, including faith- and community-based organizations, and may establish a work group or other temporary, informal group of interested persons to provide input and assistance.
Added by Acts 2011, 82nd Leg., R.S., Ch. 537 (H.B. 2610), Sec. 1, eff. September 1, 2011.
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 S. Community-Based Navigator Program › Section 531.753. Program Standards

Text of section effective until April 01, 2025
Sec. 531.753.  PROGRAM STANDARDS.  The executive commissioner shall adopt standards to implement this subchapter, including standards:
(1)  subject to Section 531.754, regarding the qualifications and training required for certification as a navigator;
(2)  regarding the suspension, revocation, and, if appropriate, periodic renewal of a navigator certificate;
(3)  to protect the confidentiality of applicant information handled by navigators; and
(4)  regarding any other issues the executive commissioner determines are appropriate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 537 (H.B. 2610), Sec. 1, eff. September 1, 2011.
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 S. Community-Based Navigator Program › Section 531.754. Training Program

Text of section effective until April 01, 2025
Sec. 531.754.  TRAINING PROGRAM.  The commission shall develop and administer a training program for navigators.  The program must include training on:
(1)  how to complete an online application for public assistance benefits through the Texas Integrated Eligibility Redesign System (TIERS);
(2)  the importance of maintaining the confidentiality of information handled by a navigator;
(3)  the importance of obtaining and submitting complete and accurate information when completing an application for public assistance benefits online through the Texas Integrated Eligibility Redesign System (TIERS);
(4)  the financial assistance program, the supplemental nutrition assistance program, Medicaid, the child health plan program, and any other public assistance benefits program for which an individual may complete an online application through the Texas Integrated Eligibility Redesign System (TIERS); and
(5)  how an individual may apply for other public assistance benefits for which an individual may not complete an online application through the Texas Integrated Eligibility Redesign System (TIERS).
Added by Acts 2011, 82nd Leg., R.S., Ch. 537 (H.B. 2610), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.192, 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 S. Community-Based Navigator Program › Section 531.755. Publication of Navigator List

Text of section effective until April 01, 2025
Sec. 531.755.  PUBLICATION OF NAVIGATOR LIST.  The commission shall maintain and publish on the commission's Internet website a list of certified navigators.
Added by Acts 2011, 82nd Leg., R.S., Ch. 537 (H.B. 2610), Sec. 1, eff. September 1, 2011.
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 U. Mortality Review for Certain Individuals With an Intellectual or Developmental Disability › Section 531.8501. Definition

Text of section effective until April 01, 2025
Sec. 531.8501.  DEFINITION.  In this subchapter, "contracted organization" means an entity that contracts with the commission for the provision of services as described by Section 531.851(c).
Added by Acts 2013, 83rd Leg., R.S., Ch. 1027 (H.B. 2673), Sec. 4, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.195, 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 U. Mortality Review for Certain Individuals With an Intellectual or Developmental Disability › Section 531.851. Mortality Review

Text of section effective until April 01, 2025
Sec. 531.851.  MORTALITY REVIEW.  (a)  The executive commissioner shall establish an independent mortality review system to review the death of a person with an intellectual or developmental disability who, at the time of the person's death or at any time during the 24-hour period before the person's death:
(1)  resided in or received services from:
(A)  an ICF-IID operated or licensed by the Department of Aging and Disability Services or a community center; or
(B)  the ICF-IID component of the Rio Grande State Center; or
(2)  received services through a Section 1915(c) waiver program for individuals who are eligible for ICF-IID services.
(b)  A review under this subchapter must be conducted in addition to any review conducted by the facility in which the person resided or the facility, agency, or provider from which the person received services.  A review under this subchapter must be conducted after any investigation of alleged or suspected abuse, neglect, or exploitation is completed.
(c)  The executive commissioner shall contract with an institution of higher education or a health care organization or association with experience in conducting research-based mortality studies to conduct independent mortality reviews of persons with an intellectual or developmental disability.  The contract must require the contracted organization to form a review team consisting of:
(1)  a physician with expertise regarding the medical treatment of individuals with an intellectual or developmental disability;
(2)  a registered nurse with expertise regarding the medical treatment of individuals with an intellectual or developmental disability;
(3)  a clinician or other professional with expertise in the delivery of services and supports for individuals with an intellectual or developmental disability; and
(4)  any other appropriate person as provided by the executive commissioner.
(d)  The executive commissioner shall adopt rules regarding the manner in which the death of a person described by Subsection (a) must be reported to the contracted organization by a facility or waiver program provider described by that subsection.
(e)  To ensure consistency across mortality review systems, a review under this section must collect information consistent with the information required to be collected by any other independent mortality review process established specifically for persons with an intellectual or developmental disability.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 9, eff. June 11, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1027 (H.B. 2673), Sec. 5, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.196, 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 U. Mortality Review for Certain Individuals With an Intellectual or Developmental Disability › Section 531.852. Access to Information

Text of section effective until April 01, 2025
Sec. 531.852.  ACCESS TO INFORMATION.  (a)  A contracted organization may request information and records regarding a deceased person as necessary to carry out the contracted organization's duties.  Records and information that may be requested under this section include:
(1)  medical, dental, and mental health care information; and
(2)  information and records maintained by any state or local government agency, including:
(A)  a birth certificate;
(B)  law enforcement investigative data;
(C)  medical examiner investigative data;
(D)  juvenile court records;
(E)  parole and probation information and records; and
(F)  adult or child protective services information and records.
(b)  On request of the contracted organization, the custodian of the relevant information and records relating to a deceased person shall provide those records to the contracted organization at no charge.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 9, eff. June 11, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1027 (H.B. 2673), Sec. 6, eff. June 14, 2013.
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 U. Mortality Review for Certain Individuals With an Intellectual or Developmental Disability › Section 531.853. Mortality Review Report

Text of section effective until April 01, 2025
Sec. 531.853.  MORTALITY REVIEW REPORT.  Subject to Section 531.854, a contracted organization shall submit:
(1)  to the Department of Aging and Disability Services, the Department of Family and Protective Services, the office of independent ombudsman for state supported living centers, and the commission's office of inspector general a report of the findings of the mortality review; and
(2)  semiannually to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing committees of the senate and house of representatives with primary jurisdiction over the Department of Aging and Disability Services, the Department of Family and Protective Services, the office of independent ombudsman for state supported living centers, and the commission's office of inspector general a report that contains:
(A)  aggregate information regarding the deaths for which the contracted organization performed an independent mortality review;
(B)  trends in the causes of death identified by the contracted organization; and
(C)  any suggestions for system-wide improvements to address conditions that contributed to deaths reviewed by the contracted organization.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 9, eff. June 11, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1027 (H.B. 2673), Sec. 7, eff. June 14, 2013.
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 U. Mortality Review for Certain Individuals With an Intellectual or Developmental Disability › Section 531.854. Use and Publication Restrictions; Confidentiality

Text of section effective until April 01, 2025
Sec. 531.854.  USE AND PUBLICATION RESTRICTIONS; CONFIDENTIALITY.  (a)  The commission may use or publish information under this subchapter only to advance statewide practices regarding the treatment and care of individuals with an intellectual or developmental disability.  A summary of the data in the contracted organization's reports or a statistical compilation of data reports may be released by the commission for general publication if the summary or statistical compilation does not contain any information that would permit the identification of an individual or that is confidential or privileged under this subchapter or other state or federal law.
(b)  Information and records acquired by the contracted organization in the exercise of its duties under this subchapter are confidential and exempt from disclosure under the open records law, Chapter 552, and may be disclosed only as necessary to carry out the contracted organization's duties.
(c)  The identity of a person whose death was reviewed in accordance with this subchapter is confidential and may not be revealed.
(d)  The identity of a health care provider or the name of a facility or agency that provided services to or was the residence of a person whose death was reviewed in accordance with this subchapter is confidential and may not be revealed.
(e)  Reports, information, statements, memoranda, and other information furnished under this subchapter to the contracted organization and any findings or conclusions resulting from a review by the contracted organization are privileged.
(f)  A contracted organization's report of the findings of the independent mortality review conducted under this subchapter and any records developed by the contracted organization relating to the review:
(1)  are confidential and privileged;
(2)  are not subject to discovery or subpoena; and
(3)  may not be introduced into evidence in any civil, criminal, or administrative proceeding.
(g)  A member of the contracted organization's review team may not testify or be required to testify in a civil, criminal, or administrative proceeding as to observations, factual findings, or conclusions that were made in conducting a review under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 9, eff. June 11, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1027 (H.B. 2673), Sec. 8, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.197, 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 U. Mortality Review for Certain Individuals With an Intellectual or Developmental Disability › Section 531.855. Limitation on Liability

Text of section effective until April 01, 2025
Sec. 531.855.  LIMITATION ON LIABILITY.  A health care provider or other person is not civilly or criminally liable for furnishing information to the contracted organization or to the commission for use by the contracted organization in accordance with this subchapter unless the person acted in bad faith or knowingly provided false information to the contracted organization or the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 9, eff. June 11, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1027 (H.B. 2673), Sec. 9, eff. June 14, 2013.
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 V. Health Information Exchange Systems › Section 531.901. Definitions

Text of section effective until April 01, 2025
Sec. 531.901.  DEFINITIONS.  In this subchapter:
(1)  "Electronic health record" means an electronic record of aggregated health-related information concerning a person that conforms to nationally recognized interoperability standards and that can be created, managed, and consulted by authorized health care providers across two or more health care organizations.
(2)  "Electronic medical record" means an electronic record of health-related information concerning a person that can be created, gathered, managed, and consulted by authorized clinicians and staff within a single health care organization.
(3)  "Health information exchange system" means a health information exchange system created under this subchapter that moves health-related information among entities according to nationally recognized standards.
(4)  "Local or regional health information exchange" means a health information exchange operating in this state that securely exchanges electronic health information, including information for patients receiving services under the child health plan program or Medicaid, among hospitals, clinics, physicians' offices, and other health care providers that are not owned by a single entity or included in a single operational unit or network.
Added by Acts 2009, 81st Leg., R.S., Ch. 1120 (H.B. 1218), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.198, 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 V. Health Information Exchange Systems › Section 531.9051. Electronic Health Information Exchange System Stage One: Encounter Data

Text of section effective until April 01, 2025
Sec. 531.9051.  ELECTRONIC HEALTH INFORMATION EXCHANGE SYSTEM STAGE ONE: ENCOUNTER DATA.  In stage one of implementing the health information exchange system, the commission shall require for purposes of the implementation each managed care organization with which the commission contracts under Chapter 533 for the provision of Medicaid managed care services or Chapter 62, Health and Safety Code, for the provision of child health plan program services to submit to the commission complete and accurate encounter data not later than the 30th day after the last day of the month in which the managed care organization adjudicated the claim.
Added by Acts 2009, 81st Leg., R.S., Ch. 1120 (H.B. 1218), Sec. 1, eff. September 1, 2009.
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 V. Health Information Exchange Systems › Section 531.906. Electronic Health Information Exchange System Stage One: Electronic Prescribing

Text of section effective until April 01, 2025
Sec. 531.906.  ELECTRONIC HEALTH INFORMATION EXCHANGE SYSTEM STAGE ONE: ELECTRONIC PRESCRIBING.  (a)  In stage one of implementing the health information exchange system, the commission shall support and coordinate electronic prescribing tools used by health care providers and health care facilities under the child health plan program and Medicaid.
(b)  The commission shall consult and collaborate with, and accept recommendations from, physicians and other stakeholders to ensure that the electronic prescribing tools described by Subsection (a):
(1)  are integrated with existing electronic prescribing systems otherwise in use in the public and private sectors; and
(2)  to the extent feasible:
(A)  provide current payer formulary information at the time a health care provider writes a prescription; and
(B)  support the electronic transmission of a prescription.
(c)  The commission may take any reasonable action to comply with this section, including establishing information exchanges with national electronic prescribing networks or providing health care providers with access to an Internet-based prescribing tool developed by the commission.
(d)  The commission shall apply for and actively pursue any waiver to the child health plan program or the state Medicaid plan from the federal Centers for Medicare and Medicaid Services or any other federal agency as necessary to remove an identified impediment to supporting and implementing electronic prescribing tools under this section, including the requirement for handwritten certification of certain drugs under 42 C.F.R. Section 447.512.  If the commission, with assistance from the Legislative Budget Board, determines that the implementation of operational modifications in accordance with a waiver obtained as required by this subsection has resulted in cost increases in the child health plan program or Medicaid, the commission shall take the necessary actions to reverse the operational modifications.
Added by Acts 2009, 81st Leg., R.S., Ch. 1120 (H.B. 1218), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.201, 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 V. Health Information Exchange Systems › Section 531.907. Electronic Health Information Exchange System Stage Two: Expansion

Text of section effective until April 01, 2025
Sec. 531.907.  ELECTRONIC HEALTH INFORMATION EXCHANGE SYSTEM STAGE TWO: EXPANSION.  (a)  Based on feedback provided by interested parties, the commission in stage two of implementing the health information exchange system may expand the system by:
(1)  providing an electronic health record for each child enrolled in the child health plan program;
(2)  including state laboratory results information in an electronic health record, including the results of newborn screenings and tests conducted under the Texas Health Steps program, based on the system developed for the health passport under Section 266.006, Family Code;
(3)  improving data-gathering capabilities for an electronic health record so that the record may include basic health and clinical information in addition to available claims information, as determined by the executive commissioner;
(4)  using evidence-based technology tools to create a unique health profile to alert health care providers regarding the need for additional care, education, counseling, or health management activities for specific patients; and
(5)  continuing to enhance the electronic health record created for each Medicaid recipient as technology becomes available and interoperability capabilities improve.
(b)  In expanding the system, the commission shall consult and collaborate with, and accept recommendations from, physicians and other stakeholders to ensure that electronic health records provided under this section support health information exchange with electronic medical records systems in use by physicians in the public and private sectors.
Added by Acts 2009, 81st Leg., R.S., Ch. 1120 (H.B. 1218), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.202, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.11, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 2.11, eff. January 1, 2016.
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 V. Health Information Exchange Systems › Section 531.908. Electronic Health Information Exchange System Stage Three: Expansion

Text of section effective until April 01, 2025
Sec. 531.908.  ELECTRONIC HEALTH INFORMATION EXCHANGE SYSTEM STAGE THREE: EXPANSION.  In stage three of implementing the health information exchange system, the commission may expand the system by:
(1)  developing evidence-based benchmarking tools that can be used by health care providers to evaluate their own performances on health care outcomes and overall quality of care as compared to aggregated performance data regarding peers; and
(2)  expanding the system to include state agencies, additional health care providers, laboratories, diagnostic facilities, hospitals, and medical offices.
Added by Acts 2009, 81st Leg., R.S., Ch. 1120 (H.B. 1218), Sec. 1, eff. September 1, 2009.
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 V. Health Information Exchange Systems › Section 531.909. Incentives

Text of section effective until April 01, 2025
Sec. 531.909.  INCENTIVES.  The commission shall develop strategies to encourage health care providers to use the health information exchange system, including incentives, education, and outreach tools to increase usage.
Added by Acts 2009, 81st Leg., R.S., Ch. 1120 (H.B. 1218), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.12, eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 2.12, eff. January 1, 2016.
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 V. Health Information Exchange Systems › Section 531.911. Rules

Text of section effective until April 01, 2025
Sec. 531.911.  RULES.  The executive commissioner may adopt rules to implement Sections 531.903 through 531.909.
Added by Acts 2009, 81st Leg., R.S., Ch. 1120 (H.B. 1218), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.203, 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 W. Adverse Licensing, Listing, or Registration Decisions › Section 531.951. Applicability

Text of section effective until April 01, 2025
Sec. 531.951.  APPLICABILITY.  (a)  This subchapter applies only to the final licensing, listing, or registration decisions of a health and human services agency with respect to a person under the law authorizing the agency to regulate the following types of persons:
(1)  a youth camp licensed under Chapter 141, Health and Safety Code;
(2)  a home and community support services agency licensed under Chapter 142, Health and Safety Code;
(3)  a hospital licensed under Chapter 241, Health and Safety Code;
(4)  an institution licensed under Chapter 242, Health and Safety Code;
(5)  an assisted living facility licensed under Chapter 247, Health and Safety Code;
(6)  a special care facility licensed under Chapter 248, Health and Safety Code;
(7)  an intermediate care facility licensed under Chapter 252, Health and Safety Code;
(8)  a chemical dependency treatment facility licensed under Chapter 464, Health and Safety Code;
(9)  a mental hospital or mental health facility licensed under Chapter 577, Health and Safety Code;
(10)  a child-care facility or child-placing agency licensed under or a family home listed or registered under Chapter 42, Human Resources Code; or
(11)  a day activity and health services facility licensed under Chapter 103, Human Resources Code.
(b)  This subchapter does not apply to an agency decision that did not result in a final order or that was reversed on appeal.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1051 (S.B. 78), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 1, eff. June 19, 2015.
Repealed by 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 W. Adverse Licensing, Listing, or Registration Decisions › Section 531.952. Record of Final Decision

Text of section effective until April 01, 2025
Sec. 531.952.  RECORD OF FINAL DECISION.  (a)  Each health and human services agency that regulates a person described by Section 531.951 shall in accordance with this section and executive commissioner rule maintain a record of:
(1)  each application for a license, including a renewal license or a license that does not expire, a listing, or a registration that is denied by the agency under the law authorizing the agency to regulate the person; and
(2)  each license, listing, or registration that is revoked, suspended, or terminated by the agency under the applicable law.
(b)  The record of an application required by Subsection (a)(1) must be maintained until the 10th anniversary of the date the application is denied.  The record of the license, listing, or registration required by Subsection (a)(2) must be maintained until the 10th anniversary of the date of the revocation, suspension, or termination.
(c)  The record required under Subsection (a) must include:
(1)  the name and address of the applicant for a license, listing, or registration that is denied as described by Subsection (a)(1);
(2)  the name and address of each person listed in the application for a license, listing, or registration that is denied as described by Subsection (a)(1);
(3)  the name of each person determined by the applicable regulatory agency to be a controlling person of an entity for which an application, license, listing, or registration is denied, revoked, suspended, or terminated as described by Subsection (a);
(4)  the specific type of license, listing, or registration that was denied, revoked, suspended, or terminated by the agency;
(5)  a summary of the terms of the denial, revocation, suspension, or termination; and
(6)  the period the denial, revocation, suspension, or termination was effective.
(d)  Each health and human services agency that regulates a person described by Section 531.951 each month shall provide a copy of the records maintained under this section to each other health and human services agency that regulates a person described by Section 531.951.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1051 (S.B. 78), Sec. 1, eff. September 1, 2011.
Repealed by 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 W. Adverse Licensing, Listing, or Registration Decisions › Section 531.953. Denial of Application Based on Adverse Agency Decision

Text of section effective until April 01, 2025
Sec. 531.953.  DENIAL OF APPLICATION BASED ON ADVERSE AGENCY DECISION.  A health and human services agency that regulates a person described by Section 531.951 may deny an application for a license, including a renewal license or a license that does not expire, a listing, or a registration included in that section if:
(1)  any of the following persons are listed in a record maintained under Section 531.952:
(A)  the applicant;
(B)  a person listed on the application; or
(C)  a person determined by the applicable regulating agency to be a controlling person of an entity for which the license, including a renewal license or a license that does not expire, the listing, or the registration is sought; and
(2)  the agency's action that resulted in the person being listed in a record maintained under Section 531.952 is based on:
(A)  an act or omission that resulted in physical or mental harm to an individual in the care of the applicant or person;
(B)  a threat to the health, safety, or well-being of an individual in the care of the applicant or person;
(C)  the physical, mental, or financial exploitation of an individual in the care of the applicant or person; or
(D)  a determination by the agency that the applicant or person has committed an act or omission that renders the applicant unqualified or unfit to fulfill the obligations of the license, listing, or registration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1051 (S.B. 78), Sec. 1, eff. September 1, 2011.
Repealed by 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 W. Adverse Licensing, Listing, or Registration Decisions › Section 531.954. Required Application Information

Text of section effective until April 01, 2025
Sec. 531.954.  REQUIRED APPLICATION INFORMATION.  An applicant submitting an initial or renewal application for a license, including a renewal license or a license that does not expire, a listing, or a registration described under Section 531.951 must include with the application a written statement of:
(1)  the name of any person who is or will be a controlling person, as determined by the applicable agency regulating the person, of the entity for which the license, listing, or registration is sought; and
(2)  any other relevant information required by executive commissioner rule.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1051 (S.B. 78), Sec. 1, eff. September 1, 2011.
Repealed by 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 Y. Commission Ombudsman Programs › Section 531.991. Definitions

Sec. 531.991.  DEFINITIONS.  In this subchapter:
(1)  "Department" means the Department of Family and Protective Services.
(2)  "Ombudsman" means the individual appointed as the ombudsman for an ombudsman program.
(3)  "Ombudsman program" means an ombudsman program administered by the commission under this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1168 (S.B. 830), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 906 (S.B. 213), Sec. 2, eff. September 1, 2017.
Reenacted and amended by Acts 2023, 88th Leg., R.S., Ch. 741 (H.B. 3462), Sec. 2, eff. June 12, 2023.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 741 (H.B. 3462), Sec. 3, eff. June 12, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter Y. Commission Ombudsman Programs › Section 531.9912. Establishment of Ombudsman Programs

Sec. 531.9912.  ESTABLISHMENT OF OMBUDSMAN PROGRAMS.  The executive commissioner shall establish the following ombudsman programs:
(1)  the health and human services office of the ombudsman in accordance with Section 531.9915;
(2)  the ombudsman for children and youth in foster care in accordance with Section 531.9931;
(3)  the ombudsman for managed care assistance in accordance with Section 531.9932;
(4)  the ombudsman for behavioral health access to care in accordance with Section 531.9933; and
(5)  the ombudsman for individuals with an intellectual or developmental disability in accordance with Section 531.9934.
Added by Acts 2023, 88th Leg., R.S., Ch. 741 (H.B. 3462), Sec. 4, eff. June 12, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter Y. Commission Ombudsman Programs › Section 531.9915. Office of Ombudsman

Sec. 531.9915.  OFFICE OF OMBUDSMAN.  (a)  The executive commissioner shall establish the commission's office of the ombudsman with authority and responsibility over the health and human services system in performing the following functions:
(1)  providing dispute resolution services for the health and human services system;
(2)  performing consumer protection and advocacy functions related to health and human services, including assisting a consumer or other interested person with:
(A)  raising a matter within the health and human services system that the person feels is being ignored; and
(B)  obtaining information regarding a filed complaint; and
(3)  collecting inquiry and complaint data related to the health and human services system.
(b)  The office of the ombudsman does not have the authority to provide a separate process for resolving complaints or appeals.
(c)  The executive commissioner shall develop a standard process for tracking and reporting received inquiries and complaints within the health and human services system.  The process must provide for the centralized tracking of inquiries and complaints submitted to field, regional, or other local health and human services system offices.
(d)  Using the process developed under Subsection (c), the office of the ombudsman shall collect inquiry and complaint data from all offices, agencies, divisions, and other entities within the health and human services system.  To assist with the collection of data under this subsection, the office may access any system or process for recording inquiries and complaints used or maintained within the health and human services system.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.06(a), eff. September 1, 2015.
Transferred and redesignated from Government Code, Section 531.0171 by Acts 2023, 88th Leg., R.S., Ch. 741 (H.B. 3462), Sec. 5, eff. June 12, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter Y. Commission Ombudsman Programs › Section 531.992. Appointment of Ombudsman

Sec. 531.992.  APPOINTMENT OF OMBUDSMAN. The executive commissioner shall appoint an ombudsman for each ombudsman program to serve at the will of the executive commissioner.
Added by Acts 2015, 84th Leg., R.S., Ch. 1168 (S.B. 830), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 906 (S.B. 213), Sec. 4, eff. September 1, 2017.
Reenacted and amended by Acts 2023, 88th Leg., R.S., Ch. 741 (H.B. 3462), Sec. 6, eff. June 12, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter Y. Commission Ombudsman Programs › Section 531.9921. Conflict of Interest

Sec. 531.9921.  CONFLICT OF INTEREST.  A person may not serve as ombudsman in an ombudsman program if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the commission;
(2)  owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the commission; or
(3)  is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
Added by Acts 2017, 85th Leg., R.S., Ch. 906 (S.B. 213), Sec. 5, eff. September 1, 2017.
Reenacted and amended by Acts 2023, 88th Leg., R.S., Ch. 741 (H.B. 3462), Sec. 7, eff. June 12, 2023.