reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.0095. Collection and Maintenance of Information Regarding Persons Found Not Guilty by Reason of Insanity

Sec. 533A.0095.  COLLECTION AND MAINTENANCE OF INFORMATION REGARDING PERSONS FOUND NOT GUILTY BY REASON OF INSANITY.  (a)  The executive commissioner by rule shall require the department to collect information and maintain current records regarding a person found not guilty of an offense by reason of insanity under Chapter 46C, Code of Criminal Procedure, who is:
(1)  committed by a court for long-term placement in a residential care facility under Chapter 593 or under Chapter 46C, Code of Criminal Procedure; or
(2)  ordered by a court to receive outpatient or community-based treatment and supervision.
(b)  Information maintained by the department under this section must include the name and address of any facility to which the person is committed, the length of the person's commitment to the facility, and any post-release outcome.
(c)  The department shall file annually with the presiding officer of each house of the legislature a written report containing the name of each person described by Subsection (a), the name and address of any facility to which the person is committed, the length of the person's commitment to the facility, and any post-release outcome.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.010. Information Relating to Condition

Sec. 533A.010.  INFORMATION RELATING TO CONDITION.  (a)  A person, including a hospital, nursing facility, medical society, or other organization, may provide to the department or a medical organization, hospital, or hospital committee any information, including interviews, reports, statements, or memoranda relating to a person's condition and treatment for use in a study to reduce mental illness and intellectual disabilities.
(b)  The department or a medical organization, hospital, or hospital committee receiving the information may use or publish the information only to advance mental health and intellectual disability research and education in order to reduce mental illness and intellectual disabilities.  A summary of the study may be released for general publication.
(c)  The identity of a person whose condition or treatment is studied is confidential and may not be revealed under any circumstances.  Information provided under this section and any finding or conclusion resulting from the study is privileged information.
(d)  A person is not liable for damages or other relief if the person:
(1)  provides information under this section;
(2)  releases or publishes the findings and conclusions of the person or organization to advance mental health and intellectual disability research and education; or
(3)  releases or publishes generally a summary of a study.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.011. Return of Person With an Intellectual Disability to State of Residence

Sec. 533A.011.  RETURN OF PERSON WITH AN INTELLECTUAL DISABILITY TO STATE OF RESIDENCE.  (a)  In this section, "department facility" includes the ICF-IID component of the Rio Grande State Center.
(a-1)  The department may return a nonresident person with an intellectual disability who is committed to a department facility in this state to the proper agency of the person's state of residence.
(b)  The department may permit the return of a resident of this state who is committed to a facility for persons with an intellectual disability in another state.
(c)  The department may enter into reciprocal agreements with the proper agencies of other states to facilitate the return of persons committed to department facilities in this state, or facilities for persons with an intellectual disability in another state, to the state of their residence.
(d)  The director of a department facility may detain for not more than 96 hours pending a court order in a commitment proceeding in this state a person with an intellectual disability returned to this state.
(e)  The state returning a person with an intellectual disability to another state shall bear the expenses of returning the person.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.012. Cooperation of State Agencies

Sec. 533A.012.  COOPERATION OF STATE AGENCIES.  At the department's request and in coordination with the executive commissioner, all state departments, agencies, officers, and employees shall cooperate with the department in activities that are consistent with their functions and that relate to services provided under this title.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.015. Unannounced Inspections

Sec. 533A.015.  UNANNOUNCED INSPECTIONS.  The department may make any inspection of a department facility or program under the department's jurisdiction under this title without announcing the inspection.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.017. Participation in Purchasing Contracts or Group Purchasing Program

Sec. 533A.017.  PARTICIPATION IN PURCHASING CONTRACTS OR GROUP PURCHASING PROGRAM.
Text of subsection effective until April 01, 2025
(a)  This section does not apply to a "health and human services agency," as that term is defined by Section 531.001, Government Code.
Text of subsection effective on April 01, 2025
(a)  This section does not apply to a "health and human services agency," as that term is defined by Section 521.0001, Government Code.
(b)  The executive commissioner may allow a state agency, local agency, or local intellectual and developmental disability authority that expends public money to purchase goods or services in connection with providing or coordinating the provision of intellectual disability services to purchase goods or services with the public money by participating in:
(1)  a contract the executive commissioner has made to purchase goods or services; or
(2)  a group purchasing program established or designated by the executive commissioner that offers discounts to providers of intellectual disability services.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.59, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter A. General Powers and Duties › Section 533A.018. Revenue From Special Olympics Texas License Plates

Sec. 533A.018.  REVENUE FROM SPECIAL OLYMPICS TEXAS LICENSE PLATES.   Annually, the department shall distribute the money deposited under Section 504.621, Transportation Code, to the credit of the account created in the trust fund created under Section 504.6012, Transportation Code, to Special Olympics Texas to be used only to pay for costs associated with training and with area and regional competitions of the Special Olympics Texas.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.031. Definitions

Sec. 533A.031.  DEFINITIONS.  In this subchapter:
(1)  "Elderly resident" means a person 65 years of age or older residing in a department facility.
(2)  "ICF-IID and related waiver programs" includes ICF-IID Section 1915(c) waiver programs, home and community-based services, Texas home living waiver services, or another Medicaid program serving persons with an intellectual disability.
(3)  "Qualified service provider" means an entity that meets requirements for service providers established by the executive commissioner.
(4)  "Section 1915(c) waiver program" means a federally funded Medicaid program of the state that is authorized under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n(c)).
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.0325. Continuum of Services in Department Facilities

Sec. 533A.0325.  CONTINUUM OF SERVICES IN DEPARTMENT FACILITIES.  The executive commissioner by rule shall establish criteria regarding the uses of department facilities as part of a full continuum of services under this title.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.0335. Comprehensive Assessment and Resource Allocation Process

Sec. 533A.0335.  COMPREHENSIVE ASSESSMENT AND RESOURCE ALLOCATION PROCESS.
Text of subsection effective until April 01, 2025
(a)  In this section:
(1)  "Advisory committee" means the Intellectual and Developmental Disability System Redesign Advisory Committee established under Section 534.053, Government Code.
(2)   "Functional need," "ICF-IID program," and "Medicaid waiver program" have the meanings assigned those terms by Section 534.001, Government Code.
Text of subsection effective on April 01, 2025
(a)  In this section:
(1)  "Advisory committee" means the Intellectual and Developmental Disability System Redesign Advisory Committee established under Section 542.0052, Government Code.
(2)  "Functional need," "ICF-IID program," and "Medicaid waiver program" have the meanings assigned those terms by Section 542.0001, Government Code.
(b)  Subject to the availability of federal funding, the department shall develop and implement a comprehensive assessment instrument and a resource allocation process for individuals with intellectual and developmental disabilities as needed to ensure that each individual with an intellectual or developmental disability receives the type, intensity, and range of services that are both appropriate and available, based on the functional needs of that individual, if the individual receives services through one of the following:
(1)  a Medicaid waiver program;
(2)  the ICF-IID program; or
(3)  an intermediate care facility operated by the state and providing services for individuals with intellectual and developmental disabilities.
(c)  The department, in consultation with the advisory committee, shall establish a prior authorization process for requests for supervised living or residential support services available in the home and community-based services (HCS) Medicaid waiver program.  The process must ensure that supervised living or residential support services available in the home and community-based services (HCS) Medicaid waiver program are available only to individuals for whom a more independent setting is not appropriate or available.
(d)  The department shall cooperate with the advisory committee to establish the prior authorization process required by Subsection (c).  This subsection expires January 1, 2024.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.61, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.034. Authority to Contract for Community-Based Services

Sec. 533A.034.  AUTHORITY TO CONTRACT FOR COMMUNITY-BASED SERVICES.  The department may cooperate, negotiate, and contract with local agencies, hospitals, private organizations and foundations, community centers, physicians, and other persons to plan, develop, and provide community-based intellectual disability services.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.0345. State Agency Services Standards

Sec. 533A.0345.  STATE AGENCY SERVICES STANDARDS.  (a)  The executive commissioner by rule shall develop model program standards for intellectual disability services for use by each state agency that provides or pays for intellectual disability services.  The department shall provide the model standards to each agency that provides intellectual disability services as identified by the commission.
(b)  Model standards developed under Subsection (a) must be designed to improve the consistency of intellectual disability services provided by or through a state agency.
(c)  Biennially the department shall review the model standards developed under Subsection (a) and determine whether each standard contributes effectively to the consistency of service delivery by state agencies.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.03551. Flexible, Low-Cost Housing Options

Sec. 533A.03551.  FLEXIBLE, LOW-COST HOUSING OPTIONS.  (a)  To the extent permitted under federal law and regulations, the executive commissioner shall adopt or amend rules as necessary to allow for the development of additional housing supports for individuals with disabilities, including individuals with intellectual and developmental disabilities, in urban and rural areas, including:
(1)  a selection of community-based housing options that comprise a continuum of integration, varying from most to least restrictive, that permits individuals to select the most integrated and least restrictive setting appropriate to the individual's needs and preferences;
(2)  provider-owned and non-provider-owned residential settings;
(3)  assistance with living more independently; and
(4)  rental properties with on-site supports.
Text of subsection effective until April 01, 2025
(b)  The department, in cooperation with the Texas Department of Housing and Community Affairs, the Department of Agriculture, the Texas State Affordable Housing Corporation, and the Intellectual and Developmental Disability System Redesign Advisory Committee established under Section 534.053, Government Code, shall coordinate with federal, state, and local public housing entities as necessary to expand opportunities for accessible, affordable, and integrated housing to meet the complex needs of individuals with disabilities, including individuals with intellectual and developmental disabilities.
Text of subsection effective on April 01, 2025
(b)  The department, in cooperation with the Texas Department of Housing and Community Affairs, the Department of Agriculture, the Texas State Affordable Housing Corporation, and the Intellectual and Developmental Disability System Redesign Advisory Committee established under Section 542.0052, Government Code, shall coordinate with federal, state, and local public housing entities as necessary to expand opportunities for accessible, affordable, and integrated housing to meet the complex needs of individuals with disabilities, including individuals with intellectual and developmental disabilities.
(c)  The department shall develop a process to receive input from statewide stakeholders to ensure the most comprehensive review of opportunities and options for housing services described by this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.62, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.03552. Behavioral Supports for Individuals With Intellectual and Developmental Disabilities at Risk of Institutionalization; Intervention Teams

Sec. 533A.03552.  BEHAVIORAL SUPPORTS FOR INDIVIDUALS WITH INTELLECTUAL AND DEVELOPMENTAL DISABILITIES AT RISK OF INSTITUTIONALIZATION; INTERVENTION TEAMS.  (a)   Subject to the availability of federal funding, the department shall develop and implement specialized training for providers, family members, caregivers, and first responders providing direct services and supports to individuals with intellectual and developmental disabilities and behavioral health needs who are at risk of institutionalization.
(b)  Subject to the availability of federal funding, the department shall establish one or more behavioral health intervention teams to provide services and supports to individuals with intellectual and developmental disabilities and behavioral health needs who are at risk of institutionalization.  An intervention team may include a:
(1)  psychiatrist or psychologist;
(2)  physician;
(3)  registered nurse;
(4)  pharmacist or representative of a pharmacy;
(5)  behavior analyst;
(6)  social worker;
(7)  crisis coordinator;
(8)  peer specialist; and
(9)  family partner.
(c)  In providing services and supports, a behavioral health intervention team established by the department shall:
(1)  use the team's best efforts to ensure that an individual remains in the community and avoids institutionalization;
(2)  focus on stabilizing the individual and assessing the individual for intellectual, medical, psychiatric, psychological, and other needs;
(3)  provide support to the individual's family members and other caregivers;
(4)  provide intensive behavioral assessment and training to assist the individual in establishing positive behaviors and continuing to live in the community; and
(5)  provide clinical and other referrals.
(d)  The department shall ensure that members of a behavioral health intervention team established under this section receive training on trauma-informed care, which is an approach to providing care to individuals with behavioral health needs based on awareness that a history of trauma or the presence of trauma symptoms may create the behavioral health needs of the individual.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.037. Service Programs and Sheltered Workshops

Sec. 533A.037.  SERVICE PROGRAMS AND SHELTERED WORKSHOPS.  (a)  The department may provide intellectual disability services through halfway houses, sheltered workshops, community centers, and other intellectual disability services programs.
(b)  The department may operate or contract for the provision of part or all of the sheltered workshop services and may contract for the sale of goods produced and services provided by a sheltered workshop program.  The goods and services may be sold for cash or on credit.
(c)  An operating fund may be established for each sheltered workshop the department operates.  Each operating fund must be in a national or state bank that is a member of the Federal Deposit Insurance Corporation.
(d)  Money derived from gifts or grants received for sheltered workshop purposes and the proceeds from the sale of sheltered workshop goods and services shall be deposited to the credit of the operating fund.  The money in the fund may be spent only in the operation of the sheltered workshop to:
(1)  purchase supplies, materials, services, and equipment;
(2)  pay salaries of and wages to participants and employees;
(3)  construct, maintain, repair, and renovate facilities and equipment; and
(4)  establish and maintain a petty cash fund of not more than $100.
(e)  Money in an operating fund that is used to pay salaries of and wages to participants in the sheltered workshop program is money the department holds in trust for the participants' benefit.
(f)  This section does not affect the authority or jurisdiction of a community center as prescribed by Chapter 534.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.040. Services for Children and Youth

Sec. 533A.040.  SERVICES FOR CHILDREN AND YOUTH.  The department shall ensure the development of programs and the expansion of services at the community level for children with an intellectual disability, or with a dual diagnosis of an intellectual disability and mental illness, and for their families.  The department shall:
(1)  prepare and review budgets for services for children;
(2)  develop departmental policies relating to children's programs and service delivery; and
(3)  increase interagency coordination activities to enhance the provision of services for children.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.0415. Memorandum of Understanding on Interagency Training

Sec. 533A.0415.  MEMORANDUM OF UNDERSTANDING ON INTERAGENCY TRAINING.  (a)  The executive commissioner, the Texas Juvenile Justice Department, and the Texas Education Agency by rule shall adopt a joint memorandum of understanding to develop interagency training for the staffs of the department, the Texas Juvenile Justice Department, and the Texas Education Agency who are involved in the functions of assessment, case planning, case management, and in-home or direct delivery of services to children, youth, and their families under this title.  The memorandum must:
(1)  outline the responsibility of each agency in coordinating and developing a plan for interagency training on individualized assessment and effective intervention and treatment services for children and dysfunctional families; and
(2)  provide for the establishment of an interagency task force to:
(A)  develop a training program to include identified competencies, content, and hours for completion of the training with at least 20 hours of training required each year until the program is completed;
(B)  design a plan for implementing the program, including regional site selection, frequency of training, and selection of experienced clinical public and private professionals or consultants to lead the training; and
(C)  monitor, evaluate, and revise the training program, including the development of additional curricula based on future training needs identified by staff and professionals.
(b)  The task force consists of:
(1)  one clinical professional and one training staff member from each agency, appointed by that agency; and
(2)  10 private sector clinical professionals with expertise in dealing with troubled children, youth, and dysfunctional families, two of whom are appointed by each agency.
(c)  The task force shall meet at the call of the department.
(d)  The commission shall act as the lead agency in coordinating the development and implementation of the memorandum.
(e)  The executive commissioner and the agencies shall review and by rule revise the memorandum not later than August each year.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.042. Evaluation of Elderly Residents

Sec. 533A.042.  EVALUATION OF ELDERLY RESIDENTS.  (a)  The department shall evaluate each elderly resident at least annually to determine if the resident can be appropriately served in a less restrictive setting.
(b)  The department shall consider the proximity to the resident of family, friends, and advocates concerned with the resident's well-being in determining whether the resident should be moved from a department facility or to a different department facility.  The department shall recognize that a nursing facility may not be able to meet the special needs of an elderly resident.
(c)  In evaluating an elderly resident under this section and to ensure appropriate placement, the department shall identify the special needs of the resident, the types of services that will best meet those needs, and the type of facility that will best provide those services.
(d)  The appropriate interdisciplinary team shall conduct the evaluation of an elderly resident of a department facility.
(e)  The department shall attempt to place an elderly resident in a less restrictive setting if the department determines that the resident can be appropriately served in that setting.  The department shall coordinate the attempt with the local intellectual and developmental disability authority.
(f)  A local intellectual and developmental disability authority shall provide continuing care for an elderly resident placed in the authority's service area under this section.
(g)  The local intellectual and developmental disability authority shall have the right of access to all residents and records of residents who request continuing care services.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter B. Powers and Duties Relating to Provision of Intellectual Disability Services › Section 533A.043. Proposals for Geriatric Care

Sec. 533A.043.  PROPOSALS FOR GERIATRIC CARE.  (a)  The department shall solicit proposals from community providers to operate community residential programs for elderly residents at least every two years.
(b)  The department shall require each provider to:
(1)  offer adequate assurances of ability to:
(A)  provide the required services;
(B)  meet department standards; and
(C)  safeguard the safety and well-being of each resident; and
(2)  sign a memorandum of agreement with the local intellectual and developmental disability authority outlining the responsibilities for continuity of care and monitoring, if the provider is not the local authority.
(c)  The department may fund a proposal through a contract if the provider agrees to meet the requirements prescribed by Subsection (b) and agrees to provide the services at a cost that is equal to or less than the cost to the department to provide the services.
(d)  The appropriate local intellectual and developmental disability authority shall monitor the services provided to a resident placed in a program funded under this section.  The department may monitor any service for which it contracts.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter C. Powers and Duties Relating to Icf-Iid Program › Section 533A.062. Plan on Long-Term Care for Persons With an Intellectual Disability

Sec. 533A.062.  PLAN ON LONG-TERM CARE FOR PERSONS WITH AN INTELLECTUAL DISABILITY.  (a)  The department shall biennially develop a proposed plan on long-term care for persons with an intellectual disability.
(b)  The proposed plan must specify the capacity of the HCS waiver program for persons with an intellectual disability and the number and levels of new ICF-IID beds to be authorized in each region.  In developing the proposed plan, the department shall consider:
(1)  the needs of the population to be served;
(2)  projected appropriation amounts for the biennium; and
(3)  the requirements of applicable federal law.
(b-1)  As part of the proposed plan, the commission shall review the statewide bed capacity of community ICF-IID facilities for individuals with an intellectual disability or a related condition and, based on the review, develop a process to reallocate beds held in suspension by the commission.  The process may include:
(1)  criteria by which ICF-IID program providers may apply to the commission to receive reallocated beds; and
(2)  a means to reallocate the beds among health services regions.
(c)  Each proposed plan shall cover the subsequent fiscal biennium.  The department shall conduct a public hearing on the proposed plan.  Not later than July 1 of each even-numbered year, the department shall submit the plan to the commission for approval.
(d)  The commission may modify the proposed plan as necessary before its final approval.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 25(8), eff. September 1, 2021.
(f)  After legislative action on the appropriation for long-term care services for persons with an intellectual disability, the commission shall adjust the plan to ensure that the number of ICF-IID beds licensed or approved as meeting license requirements and the capacity of the HCS waiver program are within appropriated funding amounts.
(g)  After any necessary adjustments, the commission shall approve the final biennial plan and publish the plan in the Texas Register.
(h)  The department may submit proposed amendments to the plan to the commission.
(i)  In this section, "HCS waiver program" means services under the state Medicaid home and community-based services waiver program for persons with an intellectual disability adopted in accordance with 42 U.S.C. Section 1396n(c).
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.32, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1153 (H.B. 3117), Sec. 1, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 25(8), eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter C. Powers and Duties Relating to Icf-Iid Program › Section 533A.066. Information Relating to Icf-Iid Program

Sec. 533A.066.  INFORMATION RELATING TO ICF-IID PROGRAM.  (a)  At least annually, the department shall sponsor a conference on the ICF-IID program to:
(1)  assist providers in understanding survey rules;
(2)  review deficiencies commonly found in ICF-IID facilities; and
(3)  inform providers of any recent changes in the rules or in the interpretation of the rules relating to the ICF-IID program.
(b)  The department also may use any other method to provide necessary information to providers, including publications.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533A.081. Development of Facility Budgets

Sec. 533A.081.  DEVELOPMENT OF FACILITY BUDGETS.  The department, in budgeting for a facility, shall use uniform costs for specific types of services a facility provides unless a legitimate reason exists and is documented for the use of other costs.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533A.082. Determination of Savings in Facilities

Sec. 533A.082.  DETERMINATION OF SAVINGS IN FACILITIES.  (a)  The department shall determine the degree to which the costs of operating department facilities for persons with an intellectual disability in compliance with applicable standards are affected as populations in the facilities fluctuate.
(b)  In making the determination, the department shall:
(1)  assume that the current level of services and necessary state of repair of the facilities will be maintained; and
(2)  include sufficient funds to allow the department to comply with the requirements of litigation and applicable standards.
(c)  The department shall allocate to community-based intellectual disability programs any savings realized in operating department facilities for persons with an intellectual disability.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533A.083. Criteria for Expansion, Closure, or Consolidation of Facility

Sec. 533A.083.  CRITERIA FOR EXPANSION, CLOSURE, OR CONSOLIDATION OF FACILITY.  The department shall establish objective criteria for determining when a new facility may be needed and when a state supported living center may be expanded, closed, or consolidated.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533A.084. Management of Surplus Real Property

Sec. 533A.084.  MANAGEMENT OF SURPLUS REAL PROPERTY.  (a)  To the extent provided by this subtitle, the department, in coordination with the executive commissioner, may lease, transfer, or otherwise dispose of any surplus real property related to the provision of services under this title, including any improvements under its management and control, or authorize the lease, transfer, or disposal of the property.  Surplus property is property the executive commissioner designates as having minimal value to the present service delivery system and projects to have minimal value to the service delivery system as described in the department's long-range plan.
(b)  The proceeds from the lease, transfer, or disposal of surplus real property, including any improvements, shall be deposited to the credit of the department in the Texas capital trust fund established under Chapter 2201, Government Code.  The proceeds may be appropriated only for improvements to the department's system of intellectual disability facilities.
(c)  A lease proposal shall be advertised at least once a week for four consecutive weeks in at least two newspapers.  One newspaper must be a newspaper published in the municipality in which the property is located or the daily newspaper published nearest to the property's location.  The other newspaper must have statewide circulation.  Each lease is subject to the attorney general's approval as to substance and form.  The executive commissioner shall adopt forms, rules, and contracts that, in the executive commissioner's best judgment, will protect the state's interests.  The executive commissioner may reject any or all bids.
(d)  This section does not authorize the executive commissioner or department to close or consolidate a state supported living center without first obtaining legislative approval.
(e)  Notwithstanding Subsection (c), the executive commissioner, in coordination with the department, may enter into a written agreement with the General Land Office to administer lease proposals.  If the General Land Office administers a lease proposal under the agreement, notice that the property is offered for lease must be published in accordance with Section 32.107, Natural Resources Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533A.0846. Intellectual Disability Community Services Account

Sec. 533A.0846.  INTELLECTUAL DISABILITY COMMUNITY SERVICES ACCOUNT.  (a)  The intellectual disability community services account is an account in the general revenue fund that may be appropriated only for the provision of intellectual disability services by or under contract with the department.
(b)  The department shall deposit to the credit of the intellectual disability community services account any money donated to the state for inclusion in the account, including life insurance proceeds designated for deposit to the account.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533A.085. Facilities for Inmate and Parolee Care

Sec. 533A.085.  FACILITIES FOR INMATE AND PAROLEE CARE.  (a)  With the written approval of the governor, the department may contract with the Texas Department of Criminal Justice to transfer facilities to the Texas Department of Criminal Justice or otherwise provide facilities for:
(1)  inmates with an intellectual disability in the custody of the Texas Department of Criminal Justice; or
(2)  persons with an intellectual disability paroled or released under the supervision of the Texas Department of Criminal Justice.
(b)  An agency must report to the governor the agency's reasons for proposing to enter into a contract under this section and request the governor's approval.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter D. Powers and Duties Relating to Department Facilities › Section 533A.087. Lease of Real Property

Sec. 533A.087.  LEASE OF REAL PROPERTY.  (a)  The department, in coordination with the executive commissioner, may lease real property related to the provision of services under this title, including any improvements under the department's management and control, regardless of whether the property is surplus property.  Except as provided by Subsection (c), the department, in coordination with the executive commissioner, may award a lease of real property only:
(1)  at the prevailing market rate; and
(2)  by competitive bid.
(b)  The commission shall advertise a proposal for lease at least once a week for four consecutive weeks in:
(1)  a newspaper published in the municipality in which the property is located or the daily newspaper published nearest to the property's location; and
(2)  a newspaper of statewide circulation.
(c)  The department, in coordination with the executive commissioner, may lease real property related to the provision of services under this title or an improvement for less than the prevailing market rate, without advertisement or without competitive bidding, if:
(1)  the executive commissioner determines that sufficient public benefit will be derived from the lease; and
(2)  the property is leased to:
(A)  a federal or state agency;
(B)  a unit of local government;
(C)  a not-for-profit organization; or
(D)  an entity related to the department by a service contract.
(d)  The executive commissioner shall adopt leasing rules, forms, and contracts that will protect the state's interests.
(e)  The executive commissioner may reject any bid.
(f)  This section does not authorize the executive commissioner or department to close or consolidate a facility used to provide intellectual disability services without legislative approval.
(g)  Notwithstanding Subsections (a) and (b), the executive commissioner, in coordination with the department, may enter into a written agreement with the General Land Office to administer lease proposals.  If the General Land Office administers a lease proposal under the agreement, notice that the property is offered for lease must be published in accordance with Section 32.107, Natural Resources Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 533A - Powers and Duties of Department of Aging and Disability Services › Subchapter E. Jail Diversion Program › Section 533A.108. Prioritization of Funding for Diversion of Persons From Incarceration in Certain Counties

Sec. 533A.108.  PRIORITIZATION OF FUNDING FOR DIVERSION OF PERSONS FROM INCARCERATION IN CERTAIN COUNTIES.  (a)  A local intellectual and developmental disability authority may develop and may prioritize its available funding for:
(1)  a system to divert members of the priority population, including those members with co-occurring substance abuse disorders, before their incarceration or other contact with the criminal justice system, to services appropriate to their needs, including:
(A)  screening and assessment services; and
(B)  treatment services, including:
(i)  short-term residential services;
(ii)  crisis respite residential services; and
(iii)  continuity of care services;
(2)  specialized training of local law enforcement and court personnel to identify and manage offenders or suspects who may be members of the priority population; and
(3)  other model programs for offenders and suspects who may be members of the priority population, including crisis intervention training for law enforcement personnel.
(b)  A local intellectual and developmental disability authority developing a system, training, or a model program under Subsection (a) shall collaborate with other local resources, including local law enforcement and judicial systems and local personnel.
(c)  A local intellectual and developmental disability authority may not implement a system, training, or a model program developed under this section until the system, training, or program is approved by the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.