reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 545 - Certain Public Assistance Benefits › Subchapter C. Certain Public Assistance Benefits Program Eligibility › Section 545.0103. Verification of Sponsorship Information for Certain Benefits Recipients or Enrollees; Reimbursement

Text of section effective on April 01, 2025
Sec. 545.0103.  VERIFICATION OF SPONSORSHIP INFORMATION FOR CERTAIN BENEFITS RECIPIENTS OR ENROLLEES; REIMBURSEMENT.  (a)  In this section, "sponsored alien" means an individual who:
(1)  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
(2)  as a condition of that admission, was sponsored by another individual who executed an affidavit of support on the lawfully admitted individual's behalf.
(b)  This section applies only with respect to the following benefits programs:
(1)  the child health plan program under Chapter 62, Health and Safety Code;
(2)  the financial assistance program under Chapter 31, Human Resources Code;
(3)  Medicaid; and
(4)  the supplemental nutrition assistance program under Chapter 33, Human Resources Code.
(c)  If an individual states at the time of application for benefits under a program to which this section applies that the individual is a sponsored alien, the commission:
(1)  shall make a reasonable effort to notify the individual that the commission may seek reimbursement from the individual's sponsor for any program benefits the individual receives; and
(2)  may, to the extent allowed by federal law and using an automated system where available, verify information relating to the sponsorship after the individual is determined eligible for and begins receiving program benefits.
(d)  If the commission verifies that an individual who receives benefits under a program to which this section applies is a sponsored alien and determines that seeking reimbursement is cost-effective, the commission may seek reimbursement from the individual's sponsor for the program benefits provided to the individual to the extent allowed by federal law.
(e)  The executive commissioner shall adopt rules necessary to implement this section, including rules that specify the most cost-effective procedures by which the commission may seek reimbursement under Subsection (d).
(f)  Nothing in this section adds to or changes the eligibility requirements for a benefits program to which this section applies.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 545 - Certain Public Assistance Benefits › Subchapter D. Administrative and Judicial Review of Certain Public Assistance Benefits Decisions › Section 545.0151. Definition

Text of section effective on April 01, 2025
Sec. 545.0151.  DEFINITION.  In this subchapter, "public assistance benefits" means benefits provided under a public assistance program under Chapter 31, 32, or 33, Human Resources Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 545 - Certain Public Assistance Benefits › Subchapter D. Administrative and Judicial Review of Certain Public Assistance Benefits Decisions › Section 545.0152. Electronic Recording of Hearing

Text of section effective on April 01, 2025
Sec. 545.0152.  ELECTRONIC RECORDING OF HEARING.  A hearing conducted by the commission, or by a health and human services agency to which the commission delegates a function related to public assistance benefits, that relates to a decision regarding public assistance benefits that is contested by an applicant for or recipient of the benefits must be recorded electronically.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 545 - Certain Public Assistance Benefits › Subchapter D. Administrative and Judicial Review of Certain Public Assistance Benefits Decisions › Section 545.0153. Administrative Review

Text of section effective on April 01, 2025
Sec. 545.0153.  ADMINISTRATIVE REVIEW.  (a)  Before an applicant for or recipient of public assistance benefits may appeal a decision of a hearing officer for the commission or a health and human services agency related to those benefits and in accordance with rules of the executive commissioner, the applicant or recipient must request an administrative review by an appropriate attorney of the commission or a health and human services agency, as applicable.
(b)  Not later than the 15th business day after the date the appropriate attorney described by Subsection (a) receives the request for administrative review, the attorney shall:
(1)  complete an administrative review of the decision; and
(2)  notify the applicant or recipient in writing of the results of that review.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 545 - Certain Public Assistance Benefits › Subchapter D. Administrative and Judicial Review of Certain Public Assistance Benefits Decisions › Section 545.0154. Judicial Review

Text of section effective on April 01, 2025
Sec. 545.0154.  JUDICIAL REVIEW.  (a)  An appeal of a decision made by a hearing officer for the commission or a health and human services agency related to public assistance benefits brought by an applicant for or recipient of the benefits:
(1)  is governed by Subchapters G and H, Chapter 2001, except as provided by this subchapter; and
(2)  takes precedence over all civil cases except workers' compensation and unemployment compensation cases.
(b)  For purposes of Section 2001.171, an applicant for or recipient of public assistance benefits has exhausted all available administrative remedies and a decision, including a decision under Section 31.034 or 32.035, Human Resources Code, is final and appealable on the date that, after a hearing:
(1)  the hearing officer for the commission or a health and human services agency reaches a final decision related to the benefits; and
(2)  the appropriate attorney completes an administrative review of the decision and notifies the applicant or recipient in writing of the results of that review.
(c)  For purposes of Section 2001.171, an applicant for or recipient of public assistance benefits is not required to file a motion for rehearing with the commission or a health and human services agency, as applicable.
(d)  Notwithstanding Section 2001.177, the cost of preparing the record and transcript of a hearing described by Section 545.0152 that is required to be sent to a reviewing court may not be charged to the applicant for or recipient of the public assistance benefits.
(e)  Judicial review of a decision described by Subsection (a) is:
(1)  instituted by filing a petition with a district court in Travis County, as provided by Subchapter G, Chapter 2001; and
(2)  under the substantial evidence rule.
(f)  The appellee is the commission.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 545 - Certain Public Assistance Benefits › Subchapter E. Certain Public Assistance Benefits Program Providers › Section 545.0201. Compliance With Solicitation Prohibitions

Text of section effective on April 01, 2025
Sec. 545.0201.  COMPLIANCE WITH SOLICITATION PROHIBITIONS.  (a)  In this section, "furnish" and "provider" have the meanings assigned by Section 544.0001.
(b)  A provider who furnishes Medicaid or child health plan program services is subject to Chapter 102, Occupations Code.  The provider's compliance with that chapter is a condition of the provider's eligibility to participate as a provider under those programs.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 545 - Certain Public Assistance Benefits › Subchapter E. Certain Public Assistance Benefits Program Providers › Section 545.0203. Reimbursement Claims for Certain Medicaid or Child Health Plan Services Involving Supervised Providers

Text of section effective on April 01, 2025
Sec. 545.0203.  REIMBURSEMENT CLAIMS FOR CERTAIN MEDICAID OR CHILD HEALTH PLAN SERVICES INVOLVING SUPERVISED PROVIDERS.  (a)  In this section, "national provider identifier" means the national provider identifier required under Section 1128J(e), Social Security Act (42 U.S.C. Section 1320a-7k(e)).
(b)  If a Medicaid or child health plan program provider, including a nurse practitioner or physician assistant, provides a referral or orders health care services for a Medicaid recipient or child health plan program enrollee at the direction or under the supervision of another provider and the referral or order is based on the supervised provider's evaluation of the recipient or enrollee, the names and associated national provider identifier numbers of the supervised provider and the supervising provider must be included on any claim for reimbursement a provider submits based on the referral or order.
(c)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 545 - Certain Public Assistance Benefits › Subchapter E. Certain Public Assistance Benefits Program Providers › Section 545.0204. Participation of Diagnostic Laboratory Service Providers in Certain Programs

Text of section effective on April 01, 2025
Sec. 545.0204.  PARTICIPATION OF DIAGNOSTIC LABORATORY SERVICE PROVIDERS IN CERTAIN PROGRAMS.  Notwithstanding any other law, a diagnostic laboratory may participate as an in-state provider under any program a health and human services agency or the commission administers that involves diagnostic laboratory services, regardless of the location where any specific service is performed or where the laboratory's facilities are located, if:
(1)  the laboratory or an entity that is a parent, subsidiary, or other affiliate of the laboratory maintains diagnostic laboratory operations in this state;
(2)  the laboratory and each entity that is a parent, subsidiary, or other affiliate of the laboratory collectively employ at least 1,000 individuals at places of employment located in this state;
(3)  the laboratory is otherwise qualified to provide the services under the program; and
(4)  the laboratory is not prohibited from participating as a provider under any benefits program a health and human services agency or the commission administers based on conduct that constitutes fraud, waste, or abuse.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter A. General Provisions › Section 546.0001. Definitions

Text of section effective on April 01, 2025
Sec. 546.0001.  DEFINITIONS.  In this chapter:
(1)  "ICF-IID" and "local intellectual and developmental disability authority" have the meanings assigned by Section 531.002, Health and Safety Code.
(2)  "Recipient" means a Medicaid recipient.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter A. General Provisions › Section 546.0002. Long-Term Care Plan; Coordination of Services

Text of section effective on April 01, 2025
Sec. 546.0002.  LONG-TERM CARE PLAN; COORDINATION OF SERVICES.  (a)  In this section, "long-term care" means the provision of health care, personal care, and assistance related to health and social services over a sustained period to individuals of all ages and their families, regardless of the setting in which the care is provided.
(b)  In conjunction with appropriate state agencies, the executive commissioner shall develop a plan for access to individualized long-term care services for individuals with functional limitations or medical needs and their families that assists those individuals in achieving and maintaining the greatest possible independence, autonomy, and quality of life.
(c)  The guiding principles and goals of the plan that focus on the individual and the individual's family must:
(1)  recognize that it is the policy of this state that:
(A)  children should grow up in families; and
(B)  individuals with disabilities and elderly individuals should reside in the setting of their choice; and
(2)  ensure that an individual needing assistance and the individual's family will have:
(A)  the maximum possible control over their services;
(B)  a choice of a broad, comprehensive array of services designed to meet individual needs; and
(C)  the easiest possible access to appropriate care and support, regardless of the area of this state in which they reside.
(d)  The guiding principles and goals of the plan that focus on services and delivery of those services by the state must:
(1)  emphasize the development of home-based and community-based services and housing alternatives to complement the long-term care services already in existence;
(2)  ensure that the services will be of the highest possible quality, with a minimum amount of regulation, structure, and complexity at the service level;
(3)  recognize that maximum independence and autonomy represent major goals, and with those comes a certain degree of risk;
(4)  maximize resources to the greatest extent possible, with the consumer receiving only the services that the consumer prefers and that are indicated by a functional needs assessment; and
(5)  structure the service delivery system to support these goals, ensuring that any necessary system complexity is at the administrative level rather than at the client level.
(e)  The commission shall coordinate state services to ensure that:
(1)  the roles and responsibilities of agencies providing long-term care are clarified; and
(2)  duplication of services and resources is minimized.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter A. General Provisions › Section 546.0003. Employment-First Policy

Text of section effective on April 01, 2025
Sec. 546.0003.  EMPLOYMENT-FIRST POLICY.  (a)  It is the policy of this state that earning a living wage through competitive employment in the general workforce is the priority and preferred outcome for working-age individuals with disabilities who receive public benefits.
(b)  The commission, the Texas Education Agency, and the Texas Workforce Commission shall jointly adopt and implement an employment-first policy in accordance with the state's policy under Subsection (a). The policy must:
(1)  affirm that an individual with a disability is able to meet the same employment standards as an individual who does not have a disability;
(2)  ensure that all working-age individuals with disabilities, including young adults, are offered factual information regarding employment as an individual with a disability, including the relationship between an individual's earned income and the individual's public benefits;
(3)  ensure that individuals with disabilities are given the opportunity to understand and explore options for education or training, including postsecondary, graduate, and postgraduate education, vocational or technical training, or other training, as pathways to employment;
(4)  promote the availability and accessibility of individualized training designed to prepare an individual with a disability for the individual's preferred employment;
(5)  promote partnerships with employers to overcome barriers in meeting workforce needs with the creative use of technology and innovation;
(6)  ensure that staff of public schools, vocational service programs, and community providers are supported and trained to assist in achieving the goal of competitive employment for all individuals with disabilities; and
(7)  ensure that competitive employment, while being the priority and preferred outcome, is not required of an individual with a disability to secure or maintain public benefits for which the individual is otherwise eligible.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter A. General Provisions › Section 546.0004. Long-Term Care Insurance Awareness and Education Campaign

Text of section effective on April 01, 2025
Sec. 546.0004.  LONG-TERM CARE INSURANCE AWARENESS AND EDUCATION CAMPAIGN.  (a)  The commission, in consultation with the Texas Department of Insurance, shall develop and implement a public awareness and education campaign designed to:
(1)  educate the public on:
(A)  the cost of long-term care, including the limits of Medicaid eligibility and the limits of Medicare benefits; and
(B)  the value and availability of long-term care insurance; and
(2)  encourage individuals to obtain long-term care insurance.
(b)  The Texas Department of Insurance shall cooperate with and assist the commission in implementing the campaign.
(c)  The commission may coordinate the implementation of the campaign with any other state outreach campaign or activity relating to long-term care issues.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter B. Care Settings and Service and Support Options › Section 546.0051. Definitions

Text of section effective on April 01, 2025
Sec. 546.0051.  DEFINITIONS.  In this subchapter:
(1)  "General residential operation" has the meaning assigned by Section 42.002, Human Resources Code.
(2)  "Legally authorized representative" has the meaning assigned by Section 241.151, Health and Safety Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter B. Care Settings and Service and Support Options › Section 546.0053. Information and Assistance Regarding Care and Support Options for Individuals With Disabilities

Text of section effective on April 01, 2025
Sec. 546.0053.  INFORMATION AND ASSISTANCE REGARDING CARE AND SUPPORT OPTIONS FOR INDIVIDUALS WITH DISABILITIES.  (a)  The executive commissioner by rule shall require each health and human services agency to provide to each patient or client of the agency and to at least one family member of the patient or client, if possible, information regarding all care and support options available to the patient or client, including community-based services appropriate to the patient's or client's needs, before the agency allows the patient or client to be placed in a care setting, including a nursing facility, an intermediate care facility for individuals with an intellectual disability, or a general residential operation for children with an intellectual disability that is licensed by the commission, to receive care or services provided by the agency or by a person under an agreement with the agency.
(b)  The rules must require each health and human services agency to provide information about all long-term care and long-term support options available to the patient or client, including community-based options and options available through another agency or a private provider.  The information must be provided in a manner designed to maximize the patient's or client's understanding of all available options.  If the patient or client has a legally authorized representative, the information must also be provided to that representative.  If the patient or client is in the conservatorship of a health and human services agency or the Department of Family and Protective Services, the information must be provided to the patient's or client's agency caseworker and foster parents, if applicable.
(c)  A health and human services agency that provides a patient, client, or other individual with information regarding care and support options available to the patient or client shall assist the patient, client, or other individual in taking advantage of an option selected by the patient, client, or other individual, subject to the availability of funds.  If the selected option is not immediately available for any reason, the agency shall provide assistance in placing the patient or client on a waiting list for that option.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter B. Care Settings and Service and Support Options › Section 546.0054. Community Living Options Information Process for Certain Individuals With Intellectual Disability

Text of section effective on April 01, 2025
Sec. 546.0054.  COMMUNITY LIVING OPTIONS INFORMATION PROCESS FOR CERTAIN INDIVIDUALS WITH INTELLECTUAL DISABILITY.  (a)  In this section, "institution" means:
(1)  a residential care facility the commission operates or maintains to provide 24-hour services, including residential services, to individuals with an intellectual disability; or
(2)  an ICF-IID.
(b)  In addition to providing information regarding care and support options as required by Section 546.0053, the commission shall implement a community living options information process in each institution to inform individuals with an intellectual disability who reside in the institution and the individuals' legally authorized representatives of alternative community living options.
(c)  The commission shall:
(1)  at least annually provide the information required by Subsection (b) through the community living options information process; and
(2)  provide the information at any other time on request by an individual with an intellectual disability who resides in an institution or the individual's legally authorized representative.
(d)  If an individual with an intellectual disability residing in an institution or the individual's legally authorized representative indicates a desire to pursue an alternative community living option after receiving the information provided under this section, the commission shall refer the individual or the individual's legally authorized representative to the local intellectual and developmental disability authority.  The local authority shall place the individual:
(1)  in an alternative community living option, subject to the availability of funds; or
(2)  on a waiting list for those options if for any reason the options are not available to the individual on or before the 30th day after the date the individual or the individual's legally authorized representative is referred to the local authority.
(e)  The commission shall document in the records of each individual with an intellectual disability who resides in an institution:
(1)  the information provided to the individual or the individual's legally authorized representative through the community living options information process; and
(2)  the results of that process.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter B. Care Settings and Service and Support Options › Section 546.0056. Voucher Program for Transitional Living Assistance for Individuals With Disabilities

Text of section effective on April 01, 2025
Sec. 546.0056.  VOUCHER PROGRAM FOR TRANSITIONAL LIVING ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES.  (a)  In this section:
(1)  "Institutional housing" means:
(A)  an ICF-IID;
(B)  a nursing facility;
(C)  a state hospital, state supported living center, or state center the commission maintains and manages;
(D)  a general residential operation for children with an intellectual disability that the commission licenses; or
(E)  a general residential operation.
(2)  "Integrated housing" means housing in which an individual with a disability resides or may reside that is:
(A)  located in the community; and
(B)  not exclusively occupied by individuals with disabilities and their care providers.
(b)  Subject to the availability of funds, the commission shall coordinate with the Texas Department of Housing and Community Affairs to develop a housing assistance program to assist individuals with disabilities in moving from institutional housing to integrated housing. In developing the program, the agencies shall address:
(1)  eligibility requirements for assistance;
(2)  the period during which an individual with a disability may receive assistance;
(3)  the types of housing expenses the program will cover; and
(4)  the locations at which the program will operate.
(c)  Subject to the availability of funds, the commission shall administer the housing assistance program.  The commission shall coordinate with the Texas Department of Housing and Community Affairs in:
(1)  administering the program;
(2)  determining the availability of funding from the United States Department of Housing and Urban Development; and
(3)  obtaining that funding.
(d)  The Texas Department of Housing and Community Affairs shall provide information to the commission as necessary to facilitate the administration of the housing assistance program.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter B. Care Settings and Service and Support Options › Section 546.0057. Transition Services for Youth With Disabilities

Text of section effective on April 01, 2025
Sec. 546.0057.  TRANSITION SERVICES FOR YOUTH WITH DISABILITIES.  (a)  The executive commissioner shall monitor programs and services offered through health and human services agencies designed to assist youth with disabilities to transition from school-oriented living to:
(1)  post-schooling activities;
(2)  services for adults; or
(3)  community living.
(b)  In monitoring the programs and services, the executive commissioner shall:
(1)  consider whether the programs or services result in positive outcomes in the employment, community integration, health, and quality of life of individuals with disabilities; and
(2)  collect information regarding the outcomes of the transition process as necessary to assess the programs and services.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter B. Care Settings and Service and Support Options › Section 546.0058. Transfer of Money for Community-Based Services

Text of section effective on April 01, 2025
Sec. 546.0058.  TRANSFER OF MONEY FOR COMMUNITY-BASED SERVICES.  (a)  The commission shall quantify the amount of money the legislature appropriates that would have been spent during the remainder of a state fiscal biennium to care for an individual who resides in a nursing facility but who is leaving that facility before the end of the biennium to reside in the community with the assistance of community-based services.
(b)  Notwithstanding any other state law and to the maximum extent allowed by federal law, the executive commissioner shall direct, as appropriate:
(1)  the comptroller, at the time an individual described by Subsection (a) leaves a nursing facility, to transfer an amount not to exceed the amount quantified under that subsection among the health and human services agencies and the commission as necessary to comply with this section; or
(2)  the commission or a health and human services agency, at the time an individual described by Subsection (a) leaves a nursing facility, to transfer an amount not to exceed the amount quantified under that subsection within the agency's budget as necessary to comply with this section.
(c)  The commission shall ensure that the amount transferred under this section is redirected by the commission or a health and human services agency, as applicable, to one or more community-based programs in the amount necessary to provide community-based services to the individual after the individual leaves a nursing facility.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter C. Consumer Direction Models › Section 546.0101. Definitions

Text of section effective on April 01, 2025
Sec. 546.0101.  DEFINITIONS.  In this subchapter:
(1)  "Consumer" means an individual who receives services through a consumer direction model the commission establishes under this subchapter.
(2)  "Consumer direction model" means a service delivery model under which a consumer or the consumer's legally authorized representative exercises control over the development and implementation of the consumer's individual service plan or over the persons delivering the services directly to the consumer.  The term includes the consumer-directed service option, the service responsibility option, and other types of service delivery models the commission develops under this subchapter.
(3)  "Consumer-directed service option" means a type of consumer direction model in which:
(A)  a consumer or the consumer's legally authorized representative, as the employer, exercises control over:
(i)  recruiting, hiring, managing, or dismissing persons providing services directly to the consumer; or
(ii)  retaining contractors or vendors for other authorized program services; and
(B)  the consumer-directed services agency serves as fiscal agent and performs employer-related administrative functions for the consumer or the consumer's legally authorized representative, including payroll and filing tax and related reports.
(4)  "Designated representative" means an adult volunteer appointed by a consumer or the consumer's legally authorized representative, as an employer, to perform all or part of the consumer's or the representative's duties as employer as approved by the consumer or the representative.
(5)  "Legally authorized representative":
(A)  means:
(i)  a parent or legal guardian if the individual is a minor;
(ii)  a legal guardian if the individual has been adjudicated as incapacitated to manage the individual's personal affairs; or
(iii)  any other person authorized or required by law to act on the individual's behalf with regard to the individual's care; and
(B)  does not include a designated representative.
(6)  "Service responsibility option" means a type of consumer direction model in which:
(A)  a consumer or the consumer's legally authorized representative participates in selecting, training, and managing persons providing services directly to the consumer; and
(B)  the provider agency, as the employer, performs employer-related administrative functions for the consumer or the consumer's legally authorized representative, including hiring and dismissing persons providing services directly to the consumer.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter C. Consumer Direction Models › Section 546.0102. Implementation of Consumer Direction Models

Text of section effective on April 01, 2025
Sec. 546.0102.  IMPLEMENTATION OF CONSUMER DIRECTION MODELS.  (a)  The commission shall develop and oversee the implementation of consumer direction models under which an individual with a disability or an elderly individual who is receiving certain state-funded or Medicaid-funded services, or the individual's legally authorized representative, exercises control over:
(1)  developing and implementing the individual's service plan; or
(2)  the persons who directly deliver the services.
(b)  The consumer direction models the commission establishes under this subchapter may be implemented in appropriate and suitable commission or health and human services agency programs.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter C. Consumer Direction Models › Section 546.0103. Rules

Text of section effective on April 01, 2025
Sec. 546.0103.  RULES.  In adopting rules for consumer direction models, the executive commissioner shall:
(1)  determine which services are appropriate and suitable for delivery through a consumer direction model;
(2)  ensure that each consumer direction model is designed to comply with applicable federal and state laws;
(3)  maintain procedures to ensure that a potential consumer or the consumer's legally authorized representative has adequate and appropriate information, including the responsibilities of a consumer or representative under each service delivery option, to make an informed choice among the types of consumer direction models;
(4)  require each consumer or the consumer's legally authorized representative to sign a statement acknowledging receipt of the information required by Subdivision (3);
(5)  maintain procedures to monitor delivery of services through a consumer direction model to ensure:
(A)  adherence to existing applicable program standards;
(B)  appropriate use of funds; and
(C)  consumer satisfaction with the delivery of services;
(6)  ensure that authorized program services that are not being delivered to a consumer through a consumer direction model are provided by a provider agency the consumer or the consumer's legally authorized representative chooses; and
(7)  set a timetable to complete the implementation of the consumer direction models.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter C. Consumer Direction Models › Section 546.0104. Applicability of Certain Nursing Licensure Requirements

Text of section effective on April 01, 2025
Sec. 546.0104.  APPLICABILITY OF CERTAIN NURSING LICENSURE REQUIREMENTS.  Section 301.251(a), Occupations Code, does not apply to delivery of a service for which payment is provided under the consumer-directed service option developed under this subchapter if:
(1)  the individual who delivers the service:
(A)  has not been denied a license under Chapter 301, Occupations Code;
(B)  has not been issued a license under Chapter 301, Occupations Code, that is revoked or suspended; and
(C)  performs a service that is not expressly prohibited from delegation by the Texas Board of Nursing; and
(2)  the consumer who receives the service:
(A)  has a disability and the service would have been performed by the consumer or the consumer's legally authorized representative except for that disability; and
(B)  is:
(i)  capable of training the individual to properly perform the service and the consumer directs the individual to deliver the service; or
(ii)  not capable of training the individual to properly perform the service, the consumer's legally authorized representative is capable of training the individual to properly perform the service, and the legally authorized representative directs the individual to deliver the service.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter C. Consumer Direction Models › Section 546.0105. Legally Authorized Representative Service Oversight Required

Text of section effective on April 01, 2025
Sec. 546.0105.  LEGALLY AUTHORIZED REPRESENTATIVE SERVICE OVERSIGHT REQUIRED.  If an individual delivers a service under Section 546.0104(2)(B)(ii), the legally authorized representative must be present when the service is performed or be immediately accessible to the individual who delivers the service.  If the individual will perform the service when the representative is not present, the representative must observe the individual performing the service at least once to assure the representative that the individual can competently perform that service.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter C. Consumer Direction Models › Section 546.0106. Procedure to Provide Notice to Medicaid Recipients

Text of section effective on April 01, 2025
Sec. 546.0106.  PROCEDURE TO PROVIDE NOTICE TO MEDICAID RECIPIENTS.  The commission shall:
(1)  develop a procedure to:
(A)  verify that a recipient or the recipient's parent or legal guardian is informed of the consumer direction model and provided the option to choose to receive care under that model; and
(B)  if the individual declines to receive care under the consumer direction model, document the decision to decline; and
(2)  ensure that each Medicaid managed care organization implements the procedure.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter D. Community-Based Support and Service Delivery System Initiatives and Grant Program › Section 546.0151. Definition

Text of section effective on April 01, 2025
Sec. 546.0151.  DEFINITION.  In this subchapter, "community-based organization" includes:
(1)  an area agency on aging;
(2)  an independent living center;
(3)  a municipality, county, or other local government;
(4)  a nonprofit or for-profit organization; or
(5)  a community mental health and intellectual disability center.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter D. Community-Based Support and Service Delivery System Initiatives and Grant Program › Section 546.0152. Community-Based Support and Service Delivery Systems for Long-Term Care Services

Text of section effective on April 01, 2025
Sec. 546.0152.  COMMUNITY-BASED SUPPORT AND SERVICE DELIVERY SYSTEMS FOR LONG-TERM CARE SERVICES.  (a)  The commission shall assist communities in this state to develop comprehensive, community-based support and service delivery systems for long-term care services.  At a community's request, the commission shall provide resources and assistance to the community to enable the community to:
(1)  identify and overcome institutional barriers to developing more comprehensive community support systems, including barriers that result from the policies and procedures of state health and human services agencies;
(2)  develop a system of blended funds, consistent with federal law and the General Appropriations Act, to allow the community to customize services to fit individual community needs; and
(3)  develop a local system of access and assistance to aid clients in accessing the full range of long-term care services.
(b)  At the request of a community-based organization or a combination of community-based organizations, the commission may provide a grant to the organization or organizations in accordance with this subchapter.
(c)  In implementing this subchapter, the commission shall consider models used in other service delivery systems.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter D. Community-Based Support and Service Delivery System Initiatives and Grant Program › Section 546.0153. Area Agencies on Aging: Minimum Number

Text of section effective on April 01, 2025
Sec. 546.0153.  AREA AGENCIES ON AGING: MINIMUM NUMBER.  The executive commissioner shall assure the maintenance of no fewer than 28 area agencies on aging in order to assure the continuation of a local system of access and assistance that is sensitive to the aging population.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter D. Community-Based Support and Service Delivery System Initiatives and Grant Program › Section 546.0154. Proposals

Text of section effective on April 01, 2025
Sec. 546.0154.  PROPOSALS.  A community-based organization or a combination of organizations may make a proposal under this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter D. Community-Based Support and Service Delivery System Initiatives and Grant Program › Section 546.0155. Proposal Review and Approval

Text of section effective on April 01, 2025
Sec. 546.0155.  PROPOSAL REVIEW AND APPROVAL.  (a)  A health and human services agency that receives or develops a proposal for a community initiative shall submit the initiative to the commission for review and approval.
(b)  The commission shall review the initiative to ensure that the initiative is:
(1)  consistent with other similar programs offered in communities; and
(2)  not duplicative of other services provided in the community.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter D. Community-Based Support and Service Delivery System Initiatives and Grant Program › Section 546.0156. Standard and Priority of Review

Text of section effective on April 01, 2025
Sec. 546.0156.  STANDARD AND PRIORITY OF REVIEW.  (a)  In making a grant to a community-based organization, the commission shall evaluate the organization's proposal based on demonstrated need and the proposal's merit.
(b)  The commission shall give priority to proposals that will use the Internet and related information technologies to provide to clients:
(1)  referral services;
(2)  other information regarding local long-term care services; and
(3)  needs assessments.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter D. Community-Based Support and Service Delivery System Initiatives and Grant Program › Section 546.0157. Community-Based Organization Matching Contribution Required

Text of section effective on April 01, 2025
Sec. 546.0157.  COMMUNITY-BASED ORGANIZATION MATCHING CONTRIBUTION REQUIRED.  To receive a grant under this subchapter, a community-based organization must at least partially match the state grant with money or other resources obtained from a nongovernmental entity, from a local government, or if the community-based organization is a local government, from fees or taxes collected by the local government. The community-based organization may then combine the money or resources the organization obtains from a variety of federal, state, local, or private sources to accomplish the proposal's purpose.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter D. Community-Based Support and Service Delivery System Initiatives and Grant Program › Section 546.0158. Proposals Involving Multiple Community-Based Organizations

Text of section effective on April 01, 2025
Sec. 546.0158.  PROPOSALS INVOLVING MULTIPLE COMMUNITY-BASED ORGANIZATIONS.  (a)  If a combination of community-based organizations makes a proposal, the organizations must designate a single organization to receive and administer the grant.
(b)  If a community-based organization receives a grant on behalf of a combination of community-based organizations or if the community-based organization's proposal involves coordination with other entities to accomplish the proposal's purpose, the commission may condition receipt of the grant on the organization's making a good faith effort to coordinate with other entities in the manner indicated in the proposal.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 546 - Long-Term Care and Support Options for Individuals With Disabilities and Elderly Individuals › Subchapter D. Community-Based Support and Service Delivery System Initiatives and Grant Program › Section 546.0159. Guidelines

Text of section effective on April 01, 2025
Sec. 546.0159.  GUIDELINES.  The commission may adopt guidelines for proposals.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.