reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 54 - Thriving Texas Families Program › Section 54.002. Establishment

Sec. 54.002.  ESTABLISHMENT.  (a)  The commission shall establish the Thriving Texas Families Program as a continuation of the alternatives to abortion program to facilitate the operation of a statewide support network that provides community outreach, consultation, and care coordination for women with an unexpected pregnancy.
(b)  The Thriving Texas Families Program shall:
(1)  promote healthy pregnancy and childbirth;
(2)  promote childbirth as an alternative to abortion;
(3)  increase access to resources that promote family and child development;
(4)  encourage family formation;
(5)  help parents establish and implement successful parenting techniques;
(6)  increase the number of families who achieve economic self-sufficiency; and
(7)  provide a local approach and personalized support to pregnant women to promote childbirth in all instances of pregnancy.
(c)  The commission shall contract with network contractors to establish a statewide network of service providers, including pregnancy support centers, adoption assistance providers, and maternity homes, to provide the services described by Section 54.003.  The commission may contract with the service providers to provide the services in accordance with this chapter.
(d)  In developing the statewide network of service providers, the commission shall, to the extent practicable, contract with providers who have a history of working with the commission in programs similar to the program created by this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 54 - Thriving Texas Families Program › Section 54.003. Services

Sec. 54.003.  SERVICES.  (a)  Using the network contractors described under Section 54.002, the commission shall ensure that services described by this chapter are available throughout this state.
(b)  Services provided through the program include:
(1)  counseling and mentoring on pregnancy, education, parenting skills, adoption services, life skills, and employment readiness topics;
(2)  care coordination for prenatal, perinatal, and postnatal services, including connecting participants to health services;
(3)  educational materials and information about pregnancy, parenting, and adoption services;
(4)  referrals to governmental and social service programs, including child care, transportation, housing, and state and federal benefit programs;
(5)  classes on life skills, personal finance, parenthood, stress management, job training, job readiness, job placement, and educational attainment;
(6)  provision of supplies for infant care and pregnancy, including car seats, cribs, maternity clothes, infant diapers, and formula; and
(7)  housing services.
(c)  A service provider participating in the program may not be required to provide all services listed under Subsection (b).
(d)  A network contractor may provide housing services under Subsection (b)(7) through a maternity home.
(e)  The commission or network contractors may not provide family planning services through the network.
Added by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 54 - Thriving Texas Families Program › Section 54.004. Eligibility

Sec. 54.004.  ELIGIBILITY.  Program services are available to a resident of this state who is:
(1)  a pregnant woman;
(2)  the biological father of an unborn child;
(3)  the biological parent of a child who is 36 months of age or younger;
(4)  an adoptive parent of a child who is 36 months of age or younger;
(5)  an approved adoptive parent of an unborn child;
(6)  a former participant who has experienced the loss of a child;
(7)  a parent or legal guardian of a pregnant minor who is a program client;
(8)  the parent, legal guardian, or adult caregiver of a child who is 36 months of age or younger; and
(9)  a parent who experienced a miscarriage or loss of a child not more than 90 days before the parent begins participation in the services offered through the program.
Added by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 54 - Thriving Texas Families Program › Section 54.005. Provision of Services

Sec. 54.005.  PROVISION OF SERVICES.  (a)  The commission and its network contractors shall contract with service providers to assess the needs of the participants and implement a plan to provide services to address the participants' most critical needs.
(b)  A service provider participating in the program may refer a program client to a service provider not participating in the program for medical services otherwise covered by the program.  Services received through a referral under this subsection may not be paid for using program funds.
Added by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 54 - Thriving Texas Families Program › Section 54.006. Performance Outcomes

Sec. 54.006.  PERFORMANCE OUTCOMES.  (a)  The commission and its network contractors may contract only with service providers whose performance outcomes include:
(1)  improving healthy pregnancy and childbirth outcomes;
(2)  improving child health and development;
(3)  assisting families in achieving economic self-sufficiency and stability;
(4)  increasing workforce participation; or
(5)  promoting marriage and family formation for participating parents.
(b)  The commission shall identify indicators to measure the performance outcomes under Subsection (a) and require periodic reporting on the outcomes by network contractors and participating service providers.
Added by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 54 - Thriving Texas Families Program › Section 54.007. Impact Evaluation

Sec. 54.007.  IMPACT EVALUATION.  (a)  The commission shall periodically conduct impact evaluations to measure the effects of services on participants receiving services through the program and to report on measured performance outcomes.
(b)  The commission shall contract with an external third party to perform impact evaluations under this chapter.
(c)  The commission shall select the impact evaluator through a competitive bidding process.  The evaluator must have a demonstrated history in evaluating social services programs using an integrated holistic impact approach and data modeling.
(d)  The commission may not enter into an interagency agreement to conduct an evaluation under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 54 - Thriving Texas Families Program › Section 54.008. Reports; Audits

Sec. 54.008.  REPORTS; AUDITS.  (a)  The commission shall compile reports provided by network contractors and service providers under Section 54.006 and audit a sampling of the reports to ensure validity.
(b)  The commission shall annually issue a report that includes:
(1)  the total number of network contractors and service providers, sorted by geographical region served;
(2)  the total number of individuals served by each provider, sorted by age and sex;
(3)  the total amount of expenditures, sorted by method of finance;
(4)  the value of the contracts with each network contractor and service provider;
(5)  any outcome measures reported to the commission by network contractors and service providers;
(6)  any performance outcomes reported to the commission under Section 54.006; and
(7)  the results of any impact evaluation conducted under Section 54.007.
Added by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 54 - Thriving Texas Families Program › Section 54.009. Rules

Sec. 54.009.  RULES.  (a)  The executive commissioner may adopt rules to implement this chapter.
(b)  The executive commissioner may not adopt a rule that violates Chapter 110, Civil Practice and Remedies Code, or Chapter 45, Human Resources Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 54 - Thriving Texas Families Program › Section 54.010. Prohibited Contract Terms

Sec. 54.010.  PROHIBITED CONTRACT TERMS.  A contract under this chapter may not include a provision that violates Chapter 110, Civil Practice and Remedies Code, or Chapter 45, Human Resources Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 54 - Thriving Texas Families Program › Section 54.011. Funding

Sec. 54.011.  FUNDING.  (a)  The commission shall, to the greatest extent possible, seek private funding to supplement and match funding provided through the program.
(b)  The commission or a service provider may not:
(1)  use funding provided through the program to perform, induce, assist, or refer an abortion; or
(2)  grant funds to an abortion provider or an affiliate of an abortion provider.
(c)  The commission may not use more than three percent of funding allocated to the program to:
(1)  administer the program; and
(2)  procure evaluator services under Section 54.007.
Added by Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter A. General Provisions › Section 61.001. Short Title

Sec. 61.001.  SHORT TITLE.  This chapter may be cited as the Indigent Health Care and Treatment Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter A. General Provisions › Section 61.003. Residence

Sec. 61.003.  RESIDENCE.  (a)  For purposes of this chapter, a person is presumed to be a resident of the governmental entity in which the person's home or fixed place of habitation to which the person intends to return after a temporary absence is located. However, if a person's home or fixed place of habitation is located in a hospital district, the person is presumed to be a resident of that hospital district.
(b)  If a person does not have a residence, the person is a resident of the governmental entity or hospital district in which the person intends to reside.
(c)  Intent to reside may be evidenced by any relevant information, including:
(1)  mail addressed to the person or to the person's spouse or children if the spouse or children live with the person;
(2)  voting records;
(3)  automobile registration;
(4)  Texas driver's license or other official identification;
(5)  enrollment of children in a public or private school;  or
(6)  payment of property tax.
(d)  A person is not considered a resident of a governmental entity or hospital district if the person attempted to establish residence solely to obtain health care assistance.
(e)  The burden of proving intent to reside is on the person requesting assistance.
(f)  For purposes of this chapter, a person who is an inmate or resident of a state supported living center, as defined by Section 531.002, or institution operated by the Texas Department of Criminal Justice, Department of Aging and Disability Services, Department of State Health Services, Texas Juvenile Justice Department, Texas School for the Blind and Visually Impaired, Texas School for the Deaf, or any other state agency or who is an inmate, patient, or resident of a school or institution operated by a federal agency is not considered a resident of a hospital district or of any governmental entity except the state or federal government.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.091, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0175, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter A. General Provisions › Section 61.004. Residence or Eligibility Dispute

Sec. 61.004.  RESIDENCE OR ELIGIBILITY DISPUTE.  (a)  If a provider of assistance and a governmental entity or hospital district cannot agree on a person's residence or whether a person is eligible for assistance under this chapter, the provider or the governmental entity or hospital district may submit the matter to the department.
(b)  The provider of assistance and the governmental entity or hospital district shall submit all relevant information to the department in accordance with the application, documentation, and verification procedures established by department rule under Section 61.006.
(c)  If the department determines that another governmental entity or hospital district may be involved in the dispute, the department shall notify the governmental entity or hospital district and allow the governmental entity or hospital district to respond.
(d)  From the information submitted, the department shall determine the person's residence or whether the person is eligible for assistance under this chapter, as appropriate, and shall notify each governmental entity or hospital district and the provider of assistance of the decision and the reasons for the decision.
(e)  If a governmental entity, hospital district, or provider of assistance does not agree with the department's decision, the governmental entity, hospital district, or provider of assistance may file an appeal with the department.  The appeal must be filed not later than the 30th day after the date on which the governmental entity, hospital district, or provider of assistance receives notice of the decision.
(f)  The department shall issue a final decision not later than the 45th day after the date on which the appeal is filed.
(g)  A governmental entity, hospital district, or provider of assistance may appeal the final order of the department under Chapter 2001, Government Code, using the substantial evidence rule on appeal.
(h)  Service may not be denied pending an administrative or judicial review of residence.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1377, Sec. 1.02, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0176, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter A. General Provisions › Section 61.0045. Information Necessary to Determine Eligibility

Sec. 61.0045.  INFORMATION NECESSARY TO DETERMINE ELIGIBILITY.  (a)  Any provider, including a mandated provider, public hospital, or hospital district, that delivers health care services to a patient who the provider suspects is an eligible resident of the service area of a county, hospital district, or public hospital under this chapter may require the patient to:
(1)  provide any information necessary to establish that the patient is an eligible resident of the service area of the county, hospital district, or public hospital;  and
(2)  authorize the release of any information relating to the patient, including medical information and information obtained under Subdivision (1), to permit the provider to submit a claim to the county, hospital district, or public hospital that is liable for payment for the services as described by Section 61.033 or 61.060.
(b)  A county, hospital district, or public hospital that receives information obtained under Subsection (a) shall use the information to determine whether the patient to whom services were provided is an eligible resident of the service area of the county, hospital district, or public hospital and, if so, shall pay the claim made by the provider to the extent that the county, hospital district, or public hospital is liable under Section 61.033 or 61.060.
(c)  The application, documentation, and verification procedures established by the department for counties under Section 61.006 may include a standard format for obtaining information under Subsection (a) to facilitate eligibility and residence determinations.
Added by Acts 1999, 76th Leg., ch. 1377, Sec. 1.03, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 916 (H.B. 2963), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter A. General Provisions › Section 61.005. Contribution Toward Cost of Assistance

Sec. 61.005.  CONTRIBUTION TOWARD COST OF ASSISTANCE.  (a)  A county, public hospital, or hospital district may request an eligible resident receiving health care assistance under this chapter to contribute a nominal amount toward the cost of the assistance.
(b)  The county, public hospital, or hospital district may not deny or reduce assistance to an eligible resident who cannot or refuses to contribute.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter A. General Provisions › Section 61.007. Information Provided by Applicant

Sec. 61.007.  INFORMATION PROVIDED BY APPLICANT.  The executive commissioner by rule shall require each applicant to provide at least the following information:
(1)  the applicant's full name and address;
(2)  the applicant's social security number, if available;
(3)  the number of persons in the applicant's household, excluding persons receiving Temporary Assistance for Needy Families, Supplemental Security Income, or Medicaid benefits;
(4)  the applicant's county of residence;
(5)  the existence of insurance coverage or other hospital or health care benefits for which the applicant is eligible;
(6)  any transfer of title to real property that the applicant has made in the preceding 24 months;
(7)  the applicant's annual household income, excluding the income of any household member receiving Temporary Assistance for Needy Families, Supplemental Security Income, or Medicaid benefits; and
(8)  the amount of the applicant's liquid assets and the equity value of the applicant's car and real property.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1377, Sec. 1.04, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0178, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter A. General Provisions › Section 61.008. Eligibility Rules

Sec. 61.008.  ELIGIBILITY RULES.  (a)  The executive commissioner by rule shall provide that in determining eligibility:
(1)  a county may not consider the value of the applicant's homestead;
(2)  a county must consider the equity value of a car that is in excess of the amount exempted under department guidelines as a resource;
(3)  a county must subtract the work-related and child care expense allowance allowed under department guidelines;
(4)  a county must consider as a resource real property other than a homestead and, except as provided by Subsection (b), must count that property in determining eligibility;
(5)  if an applicant transferred title to real property for less than market value to become eligible for assistance under this chapter, the county may not credit toward eligibility for state assistance an expenditure for that applicant made during a two-year period beginning on the date on which the property is transferred; and
(6)  if an applicant is a sponsored alien, a county may include in the income and resources of the applicant:
(A)  the income and resources of a person who executed an affidavit of support on behalf of the applicant; and
(B)  the income and resources of the spouse of a person who executed an affidavit of support on behalf of the applicant, if applicable.
(b)  A county may disregard the applicant's real property if the applicant agrees to an enforceable obligation to reimburse the county for all or part of the benefits received under this chapter.  The county and the applicant may negotiate the terms of the obligation.
(c)  In this section, "sponsored alien" means a person who has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) and who, as a condition of admission, was sponsored by a person who executed an affidavit of support on behalf of the person.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 173 (S.B. 420), Sec. 2, eff. May 28, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0179, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter A. General Provisions › Section 61.009. Reporting Requirements

Sec. 61.009.  REPORTING REQUIREMENTS.  (a)  The department shall establish uniform reporting requirements for governmental entities that own, operate, or lease public hospitals providing assistance under this chapter and for counties.
(b)  The reports must include information relating to:
(1)  expenditures for and nature of hospital and health care provided to eligible residents;
(2)  eligibility standards and procedures established by counties and governmental entities that own, operate, or lease public hospitals;  and
(3)  relevant characteristics of eligible residents.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.121, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter A. General Provisions › Section 61.010. Dedicated Tax Revenues

Sec. 61.010.  DEDICATED TAX REVENUES.  If the governing body of a governmental entity adopts a property tax rate that exceeds the rate calculated under Section 26.04, Tax Code, by more than eight percent, and if a portion of the tax rate was designated to provide revenue for indigent health care services required by this chapter, the revenue produced by the portion of the tax rate designated for that purpose may be spent only to provide indigent health care services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter A. General Provisions › Section 61.011. Services by State Hospital or Clinic

Sec. 61.011.  SERVICES BY STATE HOSPITAL OR CLINIC.  A state hospital or clinic shall be entitled to payment for services rendered to an eligible resident under the provisions of this chapter applicable to other providers.  The executive commissioner may adopt rules as necessary to implement this section.
Added by Acts 1999, 76th Leg., ch. 1377, Sec. 1.05, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0180, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter A. General Provisions › Section 61.012. Reimbursement for Services

Sec. 61.012.  REIMBURSEMENT FOR SERVICES.  (a)  In this section, "sponsored alien" means a person who has been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.) and who, as a condition of admission, was sponsored by a person who executed an affidavit of support on behalf of the person.
(b)  A public hospital or hospital district that provides health care services to a sponsored alien under this chapter may recover from a person who executed an affidavit of support on behalf of the alien the costs of the health care services provided to the alien.
(c)  A public hospital or hospital district described by Subsection (b) must notify a sponsored alien and a person who executed an affidavit of support on behalf of the alien, at the time the alien applies for health care services, that a person who executed an affidavit of support on behalf of a sponsored alien is liable for the cost of health care services provided to the alien.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 7 (S.B. 7), Sec. 1.16(a), eff. September 28, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.021. Application of Subchapter

Sec. 61.021.  APPLICATION OF SUBCHAPTER.  This subchapter applies to health care services and assistance provided to a person who does not reside in the service area of a public hospital or hospital district.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.022. County Obligation

Sec. 61.022.  COUNTY OBLIGATION.  (a)  A county shall provide health care assistance as prescribed by this subchapter to each of its eligible county residents.
(b)  The county is the payor of last resort and shall provide assistance only if other adequate public or private sources of payment are not available.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.0221. Authority Relating to Other Assistance Programs

Sec. 61.0221.  AUTHORITY RELATING TO OTHER ASSISTANCE PROGRAMS.  This subchapter does not affect the authority of the commissioners court of a county to provide eligibility standards or other requirements relating to assistance programs or services that are not covered by this subchapter.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 13.11(g), eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.023. General Eligibility Provisions

Sec. 61.023.  GENERAL ELIGIBILITY PROVISIONS.  (a)  A person is eligible for assistance under this subchapter if:
(1)  the person does not reside in the service area of a public hospital or hospital district;
(2)  the person meets the basic income and resources requirements established by the department under Sections 61.006 and 61.008 and in effect when the assistance is requested;  and
(3)  no other adequate source of payment exists.
(b)  A county may use a less restrictive standard of eligibility for residents than prescribed by Subsection (a).  A county may credit toward eligibility for state assistance under this subchapter the services provided to each person who is an eligible resident under a standard that incorporates a net income eligibility level that is less than 50 percent of the federal poverty level based on the federal Office of Management and Budget poverty index.
(c)  A county may contract with the department to perform eligibility determination services.
(d)  Not later than the beginning of a state fiscal year, the county shall adopt the eligibility standards it will use during that fiscal year and shall make a reasonable effort to notify the public of the standards.  The county may change the eligibility standards to make them more or less restrictive than the preceding standards, but the standards may not be more restrictive than the standards established by the department under Section 61.006.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 5.10(a), eff. Sept. 1, 1989;  Acts 1999, 76th Leg., ch. 1377, Sec. 1.06, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.024. County Application Procedure

Sec. 61.024.  COUNTY APPLICATION PROCEDURE.  (a)  A county shall adopt an application procedure.
(b)  The county may use the application, documentation, and verification procedures established by the department under Sections 61.006 and 61.007 or may use a less restrictive application, documentation, or verification procedure.
(c)  Not later than the beginning of a state fiscal year, the county shall specify the procedure it will use during that fiscal year to verify eligibility and the documentation required to support a request for assistance and shall make a reasonable effort to notify the public of the application procedure.
(d)  The county shall furnish an applicant with written application forms.
(e)  On request of an applicant, the county shall assist the applicant in filling out forms and completing the application process.  The county shall inform an applicant of the availability of assistance.
(f)  The county shall require an applicant to sign a written statement in which the applicant swears to the truth of the information supplied.
(g)  The county shall explain to the applicant that if the application is approved, the applicant must report to the county any change in income or resources that might affect the applicant's eligibility.  The report must be made not later than the 14th day after the date on which the change occurs.  The county shall explain the possible penalties for failure to report a change.
(h)  The county shall review each application and shall accept or deny the application not later than the 14th day after the date on which the county receives the completed application.
(i)  The county shall provide a procedure for reviewing applications and for allowing an applicant to appeal a denial of assistance.
(j)  The county shall provide an applicant written notification of the county's decision.  If the county denies assistance, the written notification shall include the reason for the denial and an explanation of the procedure for appealing the denial.
(k)  The county shall maintain the records relating to an application at least until the end of the third complete state fiscal year following the date on which the application is submitted.
(l)  If an applicant is denied assistance, the applicant may resubmit an application at any time circumstances justify a redetermination of eligibility.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.025. County Agreement With Municipality

Sec. 61.025.  COUNTY AGREEMENT WITH MUNICIPALITY.  (a)  This section applies to a municipality that has a population of less than 15,000, that owns, operates, or leases a hospital, and that has made a transfer agreement before August 31, 1989, by the adoption of an ordinance, resolution, or order by the commissioners court and the governing body of the municipality.
(b)  The transfer agreement may transfer partial responsibility to the county under which the municipal hospital continues to provide health care services to eligible residents of the municipality, but the county agrees to assume the hospital's responsibility to reimburse other providers who provide:
(1)  mandatory inpatient or outpatient services to eligible residents that the municipal hospital cannot provide;  or
(2)  emergency services to eligible residents.
(c)  The hospital is a public hospital for the purposes of this chapter, but it does not have a responsibility to provide reimbursement for services it cannot provide or for emergency services provided in another facility.
(d)  Expenditures made by the county under Subsection (b) may be credited toward eligibility for state assistance under this subchapter if the person who received the health care services meets the eligibility standards established under Section 61.052 and would have been eligible for assistance under the county program if the person had not resided in a public hospital's service area.
(e)  The agreement to transfer partial responsibility to a county under this section must take effect on a September 1 that occurs not later than two years after the date on which the county and municipality agree to the transfer.  A county and municipality may not revoke or amend an agreement made under this section, except that the county may revoke or amend the agreement if a hospital district is created after the effective date of the agreement and the boundaries of the district cover all or part of the county.
(f)  The county, the hospital, and any other entity in the county that provides services under this chapter shall adopt coordinated application and eligibility verification procedures.  In establishing the coordinated procedures, the county and other entities shall focus on facilitating the efficient and timely referral of residents to the proper entity in the county.  In addition, the procedures must comply with the requirements of Sections 61.024 and 61.053.  Expenditures made by a county in establishing the coordinated procedures prescribed by this section may not be credited toward eligibility for state assistance under this subchapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1103, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1377, Sec. 1.07, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.026. Review of Eligibility

Sec. 61.026.  REVIEW OF ELIGIBILITY.  A county shall review at least once every six months the eligibility of a resident for whom an application for assistance has been granted and who has received assistance under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.027. Change in Eligibility Status

Sec. 61.027.  CHANGE IN ELIGIBILITY STATUS.  (a)  An eligible resident must report any change in income or resources that might affect the resident's eligibility.  The report must be made not later than the 14th day after the date on which the change occurs.
(b)  If an eligible resident fails to report a change in income or resources as prescribed by this section and the change has made the resident ineligible for assistance under the standards adopted by the county, the resident is liable for any benefits received while ineligible.  This section does not affect a person's criminal liability under any relevant statute.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.028. Basic Health Care Services

Sec. 61.028.  BASIC HEALTH CARE SERVICES.  (a)  A county shall, in accordance with department rules adopted under Section 61.006, provide the following basic health care services:
(1)  primary and preventative services designed to meet the needs of the community, including:
(A)  immunizations;
(B)  medical screening services;  and
(C)  annual physical examinations;
(2)  inpatient and outpatient hospital services;
(3)  rural health clinics;
(4)  laboratory and X-ray services;
(5)  family planning services;
(6)  physician services;
(7)  payment for not more than three prescription drugs a month;  and
(8)  skilled nursing facility services, regardless of the patient's age.
(b)  The county may provide additional health care services, but may not credit the assistance toward eligibility for state assistance, except as provided by Section 61.0285.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1377, Sec. 1.08, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.0285. Optional Health Care Services

Sec. 61.0285.  OPTIONAL HEALTH CARE SERVICES.  (a)  In addition to basic health care services provided under Section 61.028, a county may, in accordance with department rules adopted under Section 61.006, provide other medically necessary services or supplies that the county determines to be cost-effective, including:
(1)  ambulatory surgical center services;
(2)  diabetic and colostomy medical supplies and equipment;
(3)  durable medical equipment;
(4)  home and community health care services;
(5)  social work services;
(6)  psychological counseling services;
(7)  services provided by physician assistants, nurse practitioners, certified nurse midwives, clinical nurse specialists, and certified registered nurse anesthetists;
(8)  dental care;
(9)  vision care, including eyeglasses;
(10)  services provided by federally qualified health centers, as defined by 42 U.S.C. Section 1396d(l)(2)(B);
(11)  emergency medical services;
(12)  physical and occupational therapy services; and
(13)  any other appropriate health care service identified by department rule that may be determined to be cost-effective.
(b)  A county must notify the department of the county's intent to provide services specified by Subsection (a).  If the services are approved in accordance with Section 61.006, or if the department fails to notify the county of the department's disapproval before the 31st day after the date the county notifies the department of its intent to provide the services, the county may credit the services toward eligibility for state assistance under this subchapter.
(c)  A county may provide health care services that are not specified in Subsection (a), or may provide the services specified in Subsection (a) without actual or constructive approval of the department, but may not credit the services toward eligibility for state assistance.
Added by Acts 1999, 76th Leg., ch. 1377, Sec. 1.09, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 874, Sec. 9, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 892, Sec. 24, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 947 (H.B. 871), Sec. 1, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0181, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.029. Provision of Health Care Services

Sec. 61.029.  PROVISION OF HEALTH CARE SERVICES.  (a)  A county may arrange to provide health care services through a local health department, a publicly owned facility, or a contract with a private provider regardless of the provider's location, or through the purchase of insurance for eligible residents.
(b)  The county may affiliate with other governmental entities or with a public hospital or hospital district to provide regional administration and delivery of health care services.
(c)  A county may provide or arrange to provide health care services for eligible county residents through the purchase of health coverage or other health benefits, including benefits described by Chapter 75.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 916 (H.B. 2963), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.030. Mandated Provider

Sec. 61.030.  MANDATED PROVIDER.  A county may select one or more providers of health care services. The county may require eligible county residents to obtain care from a mandated provider except:
(1)  in an emergency;
(2)  when medically inappropriate;  or
(3)  when care is not available.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.031. Notification of Provision of Nonemergency Services

Sec. 61.031.  NOTIFICATION OF PROVISION OF NONEMERGENCY SERVICES.  (a)  A county may require any provider, including a mandated provider, to obtain approval from the county before providing nonemergency health care services to an eligible county resident.
(b)  If the county does not require prior approval and a provider delivers or will deliver nonemergency health care services to a patient who the provider suspects may be eligible for assistance under this subchapter, the provider shall notify the patient's county of residence that health care services have been or will be provided to the patient.  The notice shall be made:
(1)  by telephone not later than the 72nd hour after the provider determines the patient's county of residence;  and
(2)  by mail postmarked not later than the fifth working day after the date on which the provider determines the patient's county of residence.
(c)  If the provider knows that the patient's county of residence has selected a mandated provider or if, after contacting the patient's county of residence, that county requests that the patient be transferred to a mandated provider, the provider shall transfer the patient to the mandated provider unless it is medically inappropriate to do so.
(d)  Not later than the 14th day after the date on which the patient's county of residence receives sufficient information to determine eligibility, the county shall determine if the patient is eligible for assistance from that county.  If the county does not determine the patient's eligibility within that period, the patient is considered to be eligible. The county shall notify the provider of its decision.
(e)  If a provider delivers nonemergency health care services to a patient who is eligible for assistance under this subchapter and fails to comply with this section, the provider is not eligible for payment for the services from the patient's county of residence.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1377, Sec. 1.10, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle C - Programs Providing Health Care Benefits and Services › Chapter 61 - Indigent Health Care and Treatment Act › Subchapter B. County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District › Section 61.032. Notification of Provision of Emergency Services

Sec. 61.032.  NOTIFICATION OF PROVISION OF EMERGENCY SERVICES.  (a)  If a nonmandated provider delivers emergency services to a patient who the provider suspects might be eligible for assistance under this subchapter, the provider shall notify the patient's county of residence that emergency services have been or will be provided to the patient.  The notice shall be made:
(1)  by telephone not later than the 72nd hour after the provider determines the patient's county of residence;  and
(2)  by mail postmarked not later than the fifth working day after the date on which the provider determines the patient's county of residence.
(b)  The provider shall attempt to determine the patient's county of residence when the patient first receives services.
(c)  The provider, the patient, and the patient's family shall cooperate with the county of which the patient is presumed to be a resident in determining if the patient is an eligible resident of that county.
(d)  Not later than the 14th day after the date on which the patient's county of residence receives notification and sufficient information to determine eligibility, the county shall determine if the patient is eligible for assistance from that county.  If the county does not determine the patient's eligibility within that period, the patient is considered to be eligible. The county shall notify the provider of its decision.
(e)  If the county and the provider disagree on the patient's residence or eligibility, the county or the provider may submit the matter to the department as provided by Section 61.004.
(f)  If a provider delivers emergency services to a patient who is eligible for assistance under this subchapter and fails to comply with this section, the provider is not eligible for payment for the services from the patient's county of residence.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1377, Sec. 1.11, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1128, Sec. 2, eff. Sept. 1, 2001.