reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.006. Service Providers

Sec. 31.006.  SERVICE PROVIDERS.  (a)  The executive commissioner shall adopt rules relating to:
(1)  the selection and expedited selection of providers, including physicians, registered nurses, and facilities; and
(2)  the denial, modification, suspension, and termination of program participation.
(b)  The department shall select and approve providers to participate in the program according to the criteria and following the procedures prescribed by department rules.
(c)  The department shall pay only for program services provided by approved providers, except in an emergency.
(d)  The executive commissioner may not adopt facility approval criteria that discriminate against a facility solely because it is operated for profit.
(e)  The department may not exclude a provider solely because the provider receives federal funds if the federal funds are inadequate to provide the services authorized by this chapter to all eligible individuals seeking services from that provider.
(f)  The department shall provide a due process hearing procedure in accordance with department rules for the resolution of conflicts between the department and a provider.  Chapter 2001, Government Code, does not apply to conflict resolution procedures adopted under this section.
(g)  The department shall render the final administrative decision in a due process hearing to modify, suspend, or terminate the approval of a provider.
(h)  The department may not terminate a grant or contract while a due process hearing is pending under this section.  The department may withhold payments while the hearing is pending but shall pay the withheld payments and resume grant or contract payments if the final determination is in favor of the provider.
(i)  The notice and hearing required by this section do not apply if a grant or contract:
(1)  is canceled by the department because of exhaustion of funds or because insufficient funds require the executive commissioner to adopt service priorities; or
(2)  expires according to its terms.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(65), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0071, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.007. Application for Services

Sec. 31.007.  APPLICATION FOR SERVICES.  (a)  The executive commissioner shall adopt rules relating to application procedures for admission to the program.
(b)  An applicant must complete or cause to be completed an application form prescribed by the department.
(c)  The application form must be accompanied by:
(1)  a statement by the applicant, or by the person with a legal obligation to provide for the applicant's support, that the applicant or person is financially unable to pay for all or part of the cost of the necessary services; and
(2)  any other assurances from the applicant or any documentary evidence required by department rules that is necessary to support the applicant's eligibility.
(d)  Except as permitted by department rules, the department may not provide services or authorize payment for services delivered to an individual before the eligibility date assigned to the individual by the department.
(e)  The department shall determine or cause to be determined the eligibility date in accordance with department rules.  The date may not be later than the date on which the individual submits a properly completed application form and all supporting documents required by this chapter or department rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0072, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.008. Eligibility for Services

Sec. 31.008.  ELIGIBILITY FOR SERVICES.  (a)  The executive commissioner shall adopt rules relating to eligibility criteria for an individual to receive services under the program, including health, medical, and financial criteria.  The department shall determine or cause to be determined an applicant's eligibility in accordance with this chapter and department rules.
(b)  Except as modified by other rules adopted under this chapter, the executive commissioner by rule shall provide that to be eligible to receive services, the individual must be a resident of this state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0073, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.009. Denial, Modification, Suspension, or Termination of Services

Sec. 31.009.  DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES.  (a)  The department for cause may deny an application for services after notice to the applicant and an opportunity for a fair hearing.
(b)  The department may modify, suspend, or terminate services to an individual eligible for or receiving services after notice to the individual and an opportunity for a fair hearing.
(c)  The executive commissioner by rule shall provide criteria for action by the department under this section.
(d)  Chapter 2001, Government Code, does not apply to the granting, denial, modification, suspension, or termination of services.  The department shall conduct hearings in accordance with the department's due process hearing rules.
(e)  The department shall render the final administrative decision in a due process hearing to deny, modify, suspend, or terminate the receipt of services.
(f)  The notice and hearing required by this section do not apply if the department restricts program services to conform to budgetary limitations that require the executive commissioner to establish service priorities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(65), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0074, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.010. Financial Eligibility; Other Benefits

Sec. 31.010.  FINANCIAL ELIGIBILITY;  OTHER BENEFITS.  (a)  The department shall require an individual receiving services under this chapter, or the person with a legal obligation to support the individual, to pay for or reimburse the department for that part of the cost of the services that the individual or person is financially able to pay.
(b)  Except as provided by department rules, an individual is not eligible to receive services under this chapter to the extent that the individual, or a person with a legal obligation to support the individual, is eligible for some other benefit that would pay for all or part of the services.
(c)  When an application is made under this chapter or when services are received, the individual applying for or receiving services shall inform the department of any other benefit to which the individual, or a person with a legal obligation to support the individual, may be entitled.
(d)  An individual who has received services that are covered by some other benefit, or a person with a legal obligation to support that individual, shall reimburse the department to the extent of the services provided when the other benefit is received.
(e)  The department may waive enforcement of Subsections (b)-(d) as prescribed by department rules in certain individually considered cases in which enforcement will deny services to a class of otherwise eligible individuals because of conflicting federal, state, or local laws or rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0075, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.011. Recovery of Costs

Sec. 31.011.  RECOVERY OF COSTS.  (a)  The department may recover the cost of services provided under this chapter from a person who does not reimburse the department as required by Section 31.010 or from any third party who has a legal obligation to pay other benefits and to whom notice of the department's interest has been given.
(b)  At the request of the commissioner, the attorney general may bring suit in the appropriate court of Travis County on behalf of the department.
(c)  In a judgment in favor of the department, the court may award attorney's fees, court costs, and interest accruing from the date on which the department provides the services to the date on which the department is reimbursed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.012. Fees

Sec. 31.012.  FEES.  (a)  The department may charge fees for the services provided directly by the department or through approved providers in accordance with Subchapter D, Chapter 12.
(b)  The executive commissioner by rule shall adopt standards and procedures to develop and implement a schedule of allowable charges for program services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0076, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.013. Funding

Sec. 31.013.  FUNDING.  (a)  Except as provided by this chapter or by other law, the department may seek, receive, and spend funds received through an appropriation, grant, donation, or reimbursement from any public or private source to administer this chapter.
(b)  The department is not required to provide primary health care services unless funds are appropriated to the department to administer this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0077, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.014. Contracts

Sec. 31.014.  CONTRACTS.  The department shall enter into contracts and agreements or award grants necessary to facilitate the efficient and economical provision of services under this chapter, including contracts and grants for the purchase of services, equipment, and supplies from approved providers.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.015. Records and Review

Sec. 31.015.  RECORDS AND REVIEW.  (a)  The department shall require each provider receiving reimbursement under this chapter to maintain records and information for each applicant for or recipient of services.
(b)  The executive commissioner shall adopt rules relating to the information a provider is required to report to the department and shall adopt procedures to prevent unnecessary and duplicative reporting of data.
(c)  The department shall review records, information, and reports prepared by program providers and shall annually prepare a report for submission to the governor and the legislature relating to the status of the program.  The department shall make the report available to the public.
(d)  The report required under Subsection (c) must include:
(1)  the number of individuals receiving care under this chapter;
(2)  the total cost of the program, including a delineation of the total administrative costs and the total cost for each service authorized under Section 31.003(e);
(3)  the average cost per recipient of services;
(4)  the number of individuals who received services in each public health region; and
(5)  any other information required by the executive commissioner.
(e)  In computing the number of individuals to be reported under Subsection (d)(1), the department shall ensure that no individual is counted more than once.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0078, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.016. Program Plans

Sec. 31.016.  PROGRAM PLANS.  (a)  The department shall have a long-range plan, covering at least six years, that includes at least the following elements:
(1)  quantifiable indicators of effort and success;
(2)  identification of priority client population and the minimum types of services necessary for that population;
(3)  a description of the appropriate use of providers, including the role of providers, and considering the type, location, and specialization of the providers;
(4)  criteria for phasing out unnecessary services;
(5)  a comprehensive assessment of needs and inventory of resources;  and
(6)  coordination of administration and service delivery with federal, state, and local public and private programs that provide similar services.
(b)  The department shall revise the plan by January 1 of each even-numbered year.
(c)  The department shall develop a short-range plan that is derived from the long-range plan and that identifies and projects the costs relating to implementing the short-range plan.
(d)  As part of the department's budget preparation process, the department shall biennially assess its achievement of the goals identified in each plan.  The department's biennial budget shall be made according to the results of the assessment and the short-range plan.  The department shall make its requests for new program funding and for continued funding according to demonstrated need.
(e)  The department shall use the information collected under Section 31.015 to develop the long-range and short-range plans.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.017. Federally Qualified Health Centers

Sec. 31.017.  FEDERALLY QUALIFIED HEALTH CENTERS.  The department may make grants to establish new or expand existing facilities and to support new or expanded services at facilities that can qualify as federally qualified health centers, as defined by 42 U.S.C. Section 1396d(l)(2)(B), in this state, including:
(1)  planning grants;
(2)  development grants;
(3)  capital improvement grants; and
(4)  grants for transitional operating support.
Added by Acts 2003, 78th Leg., ch. 860, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 127 (S.B. 526), Sec. 1, eff. August 31, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 31 - Primary Health Care › Section 31.018. Referral From Healthy Texas Women Program to Primary Health Care Services Program

Sec. 31.018.  REFERRAL FROM HEALTHY TEXAS WOMEN PROGRAM TO PRIMARY HEALTH CARE SERVICES 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)  The executive commissioner by rule shall ensure that women receiving services under the Healthy Texas Women program are referred to and provided with information on the primary health care services program.
Added by Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.001. Short Title

Sec. 32.001.  SHORT TITLE.  This chapter may be cited as the Maternal and Infant Health Improvement Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.003. Maternal and Infant Health Improvement Services Program

Sec. 32.003.  MATERNAL AND INFANT HEALTH IMPROVEMENT SERVICES PROGRAM.  (a)  The executive commissioner may establish a maternal and infant health improvement services program in the department to provide comprehensive maternal and infant health improvement services and ancillary services to eligible women and infants.
(b)  If the program is established, the executive commissioner shall adopt rules relating to:
(1)  the type, amount, and duration of services to be provided under this chapter; and
(2)  the determination by the department of the services needed in each service area.
(c)  If budgetary limitations exist, the executive commissioner by rule shall establish a system of priorities relating to the types of services provided, geographic areas covered, or classes of individuals eligible for services.
(d)  The executive commissioner shall adopt the rules according to a statewide determination of the need for services.
(e)  In structuring the program and adopting rules, the department and executive commissioner shall attempt to maximize the amount of federal matching funds available for maternal and infant health improvement services while continuing to serve targeted populations.
(f)  If necessary, the executive commissioner by rule may coordinate services and other parts of the program with the medical assistance program.  However, the executive commissioner may not adopt rules relating to the services under either program that would:
(1)  cause the program established under this chapter not to conform with federal law to the extent that federal matching funds would not be available; or
(2)  affect the status of the single state agency to administer the medical assistance program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 124, Sec. 3, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0081, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.005. Abortion Services Restricted

Sec. 32.005.  ABORTION SERVICES RESTRICTED.  Notwithstanding any other provision of this chapter, funds administered under this chapter may not be used to provide abortion services unless the mother's life is in danger.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.006. Administration

Sec. 32.006.  ADMINISTRATION.  (a)  The executive commissioner shall adopt rules necessary to administer this chapter, and the department shall administer the program in accordance with those rules.
(b)  The department shall prescribe the design and content of all necessary forms used in the program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0082, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.011. Denial, Modification, Suspension, or Termination of Services

Sec. 32.011.  DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES.  (a)  The department may, for cause, deny, modify, suspend, or terminate services to an individual eligible for or receiving services after notice to the individual and an opportunity for a hearing.
(b)  The executive commissioner by rule shall provide criteria for action by the department under this section.
(c)  Chapter 2001, Government Code, does not apply to the granting, denial, modification, suspension, or termination of services.  The department shall provide hearings in accordance with the department's due process hearing rules.
(d)  The department shall render the final administrative decision following a due process hearing to deny, modify, suspend, or terminate the receipt of services.
(e)  The notice and hearing required by this section do not apply if the department restricts program services to conform to budgetary limitations that require the executive commissioner to establish service priorities.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(65), eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 124, Sec. 4, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0083, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.012. Financial Eligibility; Other Benefits

Sec. 32.012.  FINANCIAL ELIGIBILITY;  OTHER BENEFITS.  (a)  The department shall require an individual receiving services under this chapter, or the person with a legal obligation to support the individual, to pay for or reimburse the department for that part of the cost of the services that the individual or person is financially able to pay.
(b)  Except as provided by department rules, an individual is not eligible to receive services under this chapter to the extent that the individual or a person with a legal obligation to support the individual is eligible for some other benefit that would pay for all or part of the services.
(c)  When a determination of eligibility to receive maternal and infant health improvement services is made under this chapter or when the services are received, the individual requesting or receiving services shall inform the department of any other benefit to which the individual or a person with a legal obligation to support the individual may be entitled.
(d)  An individual who has received services that are covered by some other benefit, or any other person with a legal obligation to support that individual, shall reimburse the department to the extent of the services provided when the other benefit is received.
(e)  The department may waive enforcement of Subsections (b)-(d) as prescribed by department rules in certain individually considered cases in which enforcement will deny services to a class of otherwise eligible individuals because of conflicting federal, state, or local laws or rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 124, Sec. 5, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0084, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.013. Recovery of Costs

Sec. 32.013.  RECOVERY OF COSTS.  (a)  The department may recover the cost of services provided under this chapter from a person who does not reimburse the department as required by Section 32.012 or from any third party who has a legal obligation to pay other benefits and to whom notice of the department's interest has been given.
(b)  At the request of the commissioner, the attorney general may bring suit in the appropriate court of Travis County on behalf of the department.
(c)  In a judgment in favor of the department, the court may award attorney's fees, court costs, and interest accruing from the date on which the department provides the services to the date on which the department is reimbursed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.014. Fees

Sec. 32.014.  FEES.  (a)  Except as prohibited by federal law or regulation, the department may collect fees for the services provided directly by the department or through approved providers in accordance with Subchapter D, Chapter 12.
(b)  The executive commissioner by rule shall adopt standards and procedures to develop and implement a schedule of allowable charges for program services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0085, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.015. Funding

Sec. 32.015.  FUNDING.  (a)  Except as provided by this chapter or by other law, the department may seek, receive, and spend funds received through an appropriation, grant, donation, or reimbursement from any public or private source to administer this chapter.
(b)  Notwithstanding other law, the department's authority to spend funds appropriated for the program established by this chapter is not affected by the amount of federal funds the department receives.
(c)  The department is not required to provide maternal and infant health improvement services unless funds are appropriated to the department to administer this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 124, Sec. 6, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0086, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.016. Contracts

Sec. 32.016.  CONTRACTS.  The department shall enter into contracts and agreements or award grants necessary to facilitate the efficient and economical provision of services under this chapter, including contracts and grants for the purchase of services, equipment, and supplies from approved providers.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.017. Records

Sec. 32.017.  RECORDS.  (a)  The department shall require each provider receiving reimbursement under this chapter to maintain records and information for each applicant for or recipient of services.
(b)  The executive commissioner shall adopt rules relating to the information a provider is required to report to the department and shall adopt procedures to prevent unnecessary and duplicative reporting of data.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(79), eff. June 17, 2011.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(79), eff. June 17, 2011.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(79), eff. June 17, 2011.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 6, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 22(1), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(79), eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0087, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.018. Program Plans

Sec. 32.018.  PROGRAM PLANS.  (a)  The department shall have a long-range plan covering at least six years that includes at least the following elements:
(1)  quantifiable indicators of effort and success;
(2)  identification of priority client population and the minimum types of services necessary for that population;
(3)  a description of the appropriate use of providers, including the role of providers and considering the type, location, and specialization of the providers;
(4)  criteria for phasing out unnecessary services;
(5)  a comprehensive assessment of needs and inventory of resources;  and
(6)  coordination of administration and service provision with federal, state, and local public and private programs that provide similar services.
(b)  The department shall revise the plan by January 1 of each even-numbered year.
(c)  The department shall develop a short-range plan that is derived from the long-range plan and that identifies and projects the costs relating to implementing the short-range plan.
(d)  As part of the department's budget preparation process, the department shall biennially assess its achievement of the goals identified in each plan.  The department's biennial budget shall be made according to the results of the assessment and the short-range plan.  The department shall make its requests for new program funding and for continued funding according to demonstrated need.
(e)  The department shall use the information collected under Section 32.017 to develop the long-range and short-range plans.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter A. Program for Women and Children › Section 32.021. Requirements Regarding the Women, Infants, and Children Program

Sec. 32.021.  REQUIREMENTS REGARDING THE WOMEN, INFANTS, AND CHILDREN PROGRAM.  (a)  An agency, organization, or other entity that contracts with the Special Supplemental Nutrition Program for Women, Infants, and Children shall each month provide the clinical and nutritional services supported by that program during extended hours, as defined by the department.
(b)  Each agency, organization, or other entity that contracts with the program to provide clinical or nutritional services shall include in its annual plan submitted to the department a plan to expand client access to services through extended hours, the schedule for each site that provides services, and the reasons for each site's schedule.  An agency, organization, or other entity that contracts with the program is not required to offer extended hours at each of its service sites.
(c)  The department shall adopt guidelines for extended hours and waivers from the requirement of Subsection (a).
(d)  To obtain a waiver, an agency, organization, or other entity shall submit a written justification to the department explaining the extraordinary circumstances involved and identifying the time frame needed for their resolution.
(e)  The department may not grant a waiver to an agency, organization, or other entity for a period of more than two years.
(f)  If an agency, organization, or other entity required by this section to maintain extended hours provides other maternal and child health services, that entity shall also make those services available during the extended hours.
Added by Acts 1993, 73rd Leg., ch. 328, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1997, 75th Leg., ch. 1317, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0088, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0089, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter B. Perinatal Health Care System › Section 32.041. Legislative Findings

Sec. 32.041.  LEGISLATIVE FINDINGS.  (a)  The legislature finds that the perinatal period beginning before conception and continuing through the first year of life poses unique challenges for the health care system.  The development of a coordinated, cooperative system of perinatal health care within a geographic area will reduce unnecessary mortality and morbidity for women and infants.
(b)  In order to improve the health of women and infants, it is necessary to promote health education, to provide assurance of reasonable access to safe and appropriate perinatal services, and to improve the quality of perinatal care by encouraging optimal use of health care personnel.
Added by Acts 1995, 74th Leg., ch. 124, Sec. 7, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter B. Perinatal Health Care System › Section 32.042. Duties of Executive Commissioner; Rules

Sec. 32.042.  DUTIES OF EXECUTIVE COMMISSIONER;  RULES.  (a)  The executive commissioner by rule shall adopt:
(1)  minimum standards and objectives to implement voluntary perinatal health care systems; and
(2)  policies for health promotion and education, risk assessment, access to care, and perinatal system structure, including the transfer and transportation of pregnant women and infants.
(b)  The rules must:
(1)  reflect all geographic areas of the state, considering time and distance;
(2)  provide specific requirements for appropriate care of perinatal patients;  and
(3)  facilitate coordination among all perinatal service providers and health care facilities in the delivery area.
(c)  The rules must include:
(1)  risk reduction guidelines for preconceptional, prenatal, intrapartum, postpartum, and infant care, including guidelines for the transfer and transportation of perinatal patients;
(2)  criteria for determining geographic boundaries of perinatal health care systems;
(3)  minimum requirements of health promotion and education, risk assessment, access to care, and coordination of services that must be present in a perinatal health care system;
(4)  minimum requirements for resources and equipment needed by a health care facility to treat perinatal patients;
(5)  standards for the availability and qualifications of the health care personnel treating perinatal patients in a facility;
(6)  requirements for data collection, including operation of the perinatal health care system and patient outcomes;
(7)  requirements for periodic performance evaluation of the system and its components;  and
(8)  assurances that health care facilities will not refuse to accept the transfer of a perinatal patient solely because of the person's inability to pay for services or because of the person's age, sex, race, religion, or national origin.
Added by Acts 1995, 74th Leg., ch. 124, Sec. 7, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0092, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0093, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter B. Perinatal Health Care System › Section 32.043. Duties of Department

Sec. 32.043.  DUTIES OF DEPARTMENT.  The department shall:
(1)  develop and monitor a statewide network of voluntary perinatal health care systems;
(2)  develop and maintain a perinatal reporting and analysis system to monitor and evaluate perinatal patient care in the perinatal health care systems in this state;  and
(3)  provide for coordination and cooperation in this state and among this state and adjoining states.
Added by Acts 1995, 74th Leg., ch. 124, Sec. 7, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter B. Perinatal Health Care System › Section 32.044. System Requirements

Sec. 32.044.  SYSTEM REQUIREMENTS.  (a)  Each voluntary perinatal health care system must have:
(1)  a coordinating board responsible for ensuring, providing, or coordinating planning access to services, data collection, and provider education;
(2)  access to appropriate emergency medical services;
(3)  risk assessment, transport, and transfer protocols for perinatal patients;
(4)  one or more health care facilities categorized according to perinatal care capabilities using standards adopted by department rule; and
(5)  documentation of broad-based participation in planning by providers of perinatal services and community representatives throughout the defined geographic region.
(b)  This subchapter does not prohibit a health care facility from providing services that it is authorized to provide under a license issued to the facility by the department.
Added by Acts 1995, 74th Leg., ch. 124, Sec. 7, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0094, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter B. Perinatal Health Care System › Section 32.045. Grant Program

Sec. 32.045.  GRANT PROGRAM.  (a)  The department may establish a program to award grants to initiate, expand, maintain, and improve voluntary perinatal health care systems.
(b)  The executive commissioner by rule shall establish eligibility criteria for awarding the grants.  The rules must require the department to consider:
(1)  the need of an area and the extent to which the grant would meet the identified need;
(2)  the availability of personnel and training programs;
(3)  the availability of other funding sources;
(4)  the assurance of providing quality services;
(5)  the need for emergency transportation of perinatal patients and the extent to which the system meets the identified needs; and
(6)  the stage of development of a perinatal health care system.
(c)  The department may approve grants according to rules adopted by the executive commissioner.  A grant awarded under this section is governed by Chapter 783, Government Code, and rules adopted under that chapter.
Added by Acts 1995, 74th Leg., ch. 124, Sec. 7, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0095, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter B. Perinatal Health Care System › Section 32.046. Postpartum Depression Strategic Plan

Sec. 32.046.  POSTPARTUM DEPRESSION STRATEGIC PLAN.  (a)  The commission shall develop and implement a five-year strategic plan to improve access to postpartum depression screening, referral, treatment, and support services.  Not later than September 1 of the last fiscal year in each five-year period, the commission shall develop a new strategic plan for the next five fiscal years beginning with the following fiscal year.
(b)  The strategic plan must provide strategies to:
(1)  increase awareness among state-administered program providers who may serve women who are at risk of or are experiencing postpartum depression about the prevalence and effects of postpartum depression on outcomes for women and children;
(2)  establish a referral network of community-based mental health providers and support services addressing postpartum depression;
(3)  increase women's access to formal and informal peer support services, including access to certified peer specialists who have received additional training related to postpartum depression;
(4)  raise public awareness of and reduce the stigma related to postpartum depression; and
(5)  leverage sources of funding to support existing community-based postpartum depression screening, referral, treatment, and support services.
(c)  The commission shall coordinate with the department, the statewide health coordinating council, the office of mental health coordination, and the statewide behavioral health coordinating council in developing the strategic plan.
(d)  The commission, in consultation with the department, the statewide health coordinating council, the office of mental health coordination, and the statewide behavioral health coordinating council, shall annually review and update, as necessary, the strategic plan.
(e)  For purposes of this section, "postpartum depression" means a disorder in which a woman experiences moderate to severe depression following a pregnancy, regardless of whether the pregnancy resulted in birth, or an act defined by Section 245.002(1).
Added by Acts 2019, 86th Leg., R.S., Ch. 1028 (H.B. 253), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter B. Perinatal Health Care System › Section 32.047. Hyperemesis Gravidarum Strategic Plan

Sec. 32.047.  HYPEREMESIS GRAVIDARUM STRATEGIC PLAN.  (a)  In this section, "hyperemesis gravidarum" means a disorder that causes a woman to experience extreme, persistent nausea and vomiting during pregnancy that may lead to dehydration, weight loss, or electrolyte imbalance.
(b)  The commission shall develop and implement a five-year strategic plan to improve the diagnosis and treatment of and raise public awareness of hyperemesis gravidarum.  Not later than September 1 of the last state fiscal year in each five-year period, the commission shall develop a new strategic plan for the next five state fiscal years that begins with the following state fiscal year.
(c)  The strategic plan must provide strategies to:
(1)  increase awareness among state-administered program providers who may serve women at risk of or experiencing hyperemesis gravidarum about the prevalence and effects of hyperemesis gravidarum on outcomes for women and children;
(2)  establish a referral network of community-based health care providers and support services addressing hyperemesis gravidarum;
(3)  increase women's access to formal and informal peer support services, including access to certified peer specialists who have successfully completed additional training related to hyperemesis gravidarum;
(4)  raise public awareness of hyperemesis gravidarum; and
(5)  leverage sources of funding to support existing community-based hyperemesis gravidarum screening, referral, treatment, and support services.
(d)  The commission shall coordinate with the department and the statewide health coordinating council in the development of the strategic plan.
(e)  The commission, in consultation with the department and the statewide health coordinating council, shall annually review the strategic plan and update the plan as necessary.
Added by Acts 2021, 87th Leg., R.S., Ch. 441 (S.B. 1941), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter D. Centers of Excellence › Section 32.071. Designation of Centers of Excellence for Fetal Diagnosis and Therapy

Sec. 32.071.  DESIGNATION OF CENTERS OF EXCELLENCE FOR FETAL DIAGNOSIS AND THERAPY.  (a)  The department, in consultation with the Perinatal Advisory Council established under Section 241.187, shall designate as centers of excellence for fetal diagnosis and therapy one or more health care entities or programs in this state, including institutions of higher education as defined by Section 61.003, Education Code, or the programs of those institutions.
(b)  The executive commissioner of the Health and Human Services Commission, in consultation with the department and the Perinatal Advisory Council, shall adopt the rules necessary for a health care entity or program in this state to be designated as a center of excellence for fetal diagnosis and therapy.
Added by Acts 2015, 84th Leg., R.S., Ch. 1060 (H.B. 2131), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter D. Centers of Excellence › Section 32.072. Subcommittee

Sec. 32.072.  SUBCOMMITTEE.  (a) The department, in consultation with the Perinatal Advisory Council, shall appoint a subcommittee of that advisory council to advise the advisory council and the department on the development of rules related to the designations made by the department under this subchapter.  As part of its duties under this subsection, the subcommittee specifically shall advise the advisory council and the department regarding the criteria necessary for a health care entity or program in this state to receive a designation under this subchapter.
(b)  The subcommittee must consist of individuals with expertise in fetal diagnosis and therapy. A majority of the members of the subcommittee must practice in those areas in a health profession in this state. The subcommittee may include national and international experts.
Added by Acts 2015, 84th Leg., R.S., Ch. 1060 (H.B. 2131), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter D. Centers of Excellence › Section 32.073. Priority Considerations for Center Designations

Sec. 32.073.  PRIORITY CONSIDERATIONS FOR CENTER DESIGNATIONS.  The rules adopted under Section 32.071(b) must prioritize awarding a designation under this subchapter to a health care entity or program that:
(1)  offers fetal diagnosis and therapy through an extensive multi-specialty clinical program that is affiliated and collaborates extensively with a medical school in this state and an associated hospital facility that provides advanced maternal and neonatal care in accordance with its level of care designation received under Section 241.182;
(2)  demonstrates a significant commitment to research in and advancing the field of fetal diagnosis and therapy;
(3)  offers advanced training programs in fetal diagnosis and therapy; and
(4)  integrates an advanced fetal care program with a program that provides appropriate long-term monitoring and follow-up care for patients.
Added by Acts 2015, 84th Leg., R.S., Ch. 1060 (H.B. 2131), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter D. Centers of Excellence › Section 32.074. Qualifications for Designation

Sec. 32.074.  QUALIFICATIONS FOR DESIGNATION.  The rules adopted under Section 32.071(b) must ensure that a health care entity or program that receives a center of excellence designation under this subchapter:
(1)  provides or is affiliated with a hospital facility that provides advanced maternal and neonatal care in accordance with its level of care designation received under Section 241.182;
(2)  implements and maintains a multidisciplinary health care team, including maternal fetal medicine specialists, pediatric and surgical specialists, neonatologists, nurses with specialized maternal and neonatal training, and other ancillary and support staff as appropriate to provide maternal, fetal, and neonatal services;
(3)  establishes minimum criteria for medical staff, nursing staff, and ancillary and support personnel;
(4)  measures short-term and long-term patient diagnostic and therapeutic outcomes; and
(5)  provides to the department annual reports containing aggregate data on short-term and long-term diagnostic and therapeutic outcomes as requested or required by the department and makes those reports available to the public.
Added by Acts 2015, 84th Leg., R.S., Ch. 1060 (H.B. 2131), Sec. 1, eff. September 1, 2015.