reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter C. Programs and Services › Section 101A.101. Community Senior Citizens Employment Programs

Sec. 101A.101.  COMMUNITY SENIOR CITIZENS EMPLOYMENT PROGRAMS.  (a)  In this section, "suitable employment" means employment that is commensurate with the individual's skills and ability and for which compensation is paid equal to the federal minimum wage rate.
(b)  The Texas Workforce Commission may administer a community program for persons 55 years of age or older who lack suitable employment and have family incomes under federal poverty guidelines.
(c)  The Texas Workforce Commission may contract with a public agency or a private, nonprofit organization with experience in managing similar programs to employ persons under this program in providing recreation, beautification, conservation, or restoration services, or public service employment positions for state, county, city, or regional governments or school districts.  The Texas Workforce Commission may not contract with an organization that is not a subscriber under the state workers' compensation law or that does not pay the federal minimum wage rate or the prevailing wage rate for the particular job, whichever is greater.
(d)  The state shall finance 80 percent of the cost of the program, and the governments receiving the services shall finance 20 percent of the cost.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter C. Programs and Services › Section 101A.102. Voluntary Community Services Programs

Sec. 101A.102.  VOLUNTARY COMMUNITY SERVICES PROGRAMS.  (a)  The department shall ensure that state funds appropriated to the department for programs to recruit elderly persons to perform voluntary community services or for programs under Senior Corps are disbursed to local public agencies or private, nonprofit corporations that operate those programs.
(b)  A public agency or private, nonprofit corporation may not receive state money under this section if it is not able to qualify for federal matching money for the same purpose.
(c)  The executive commissioner by rule shall establish guidelines or formulas to determine the proportion of state money distributed to each public agency or private, nonprofit corporation under this section.  The executive commissioner by rule may establish additional qualifications to receive the state money.
(d)  State funds disbursed under this section may not be used to pay compensation to volunteer workers, except for participants in the Foster Grandparent and Senior Companion Programs of Senior Corps, or for purposes other than financing the operation or administration of the volunteer programs, but it may be used to defray expenses incurred by volunteers in the performance of volunteer work.  The executive commissioner by rule may further limit the purposes for which the state money may be spent.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter C. Programs and Services › Section 101A.103. Texas Cares Program

Sec. 101A.103.  TEXAS CARES PROGRAM.  (a)  The executive commissioner by rule may establish and the department may operate a Texas Cares program to provide persons eligible for discount drug price programs offered by pharmaceutical companies with:
(1)  information regarding the availability of those programs;  and
(2)  in appropriate circumstances, assistance in enrolling in those programs.
(b)  The department may solicit and accept gifts, grants, and donations from any source to use in funding the Texas Cares program.
(c)  The executive commissioner shall design the Texas Cares program to meet the primary goal of increasing awareness in appropriate populations of the availability of discount drug price programs offered by pharmaceutical companies.  To the extent that adequate resources are available, the department shall:
(1)  make information regarding discount drug price programs readily available on the department's Internet site;
(2)  maintain a toll-free telephone number through which a person may obtain information regarding discount drug price programs;  and
(3)  make brochures or other written informational materials regarding discount drug price programs available on request by a pharmacist, physician, representative of an organization serving senior citizens, or other interested person.
(d)  The department may:
(1)  conduct community outreach and education activities to increase awareness of the availability of discount drug price programs offered by pharmaceutical companies;
(2)  solicit and train volunteers to perform functions associated with the Texas Cares program, including:
(A)  providing assistance to eligible persons in enrolling in discount drug price programs offered by pharmaceutical companies;  and
(B)  conducting community outreach and education activities;  and
(3)  coordinate operation of the Texas Cares program with the activities of area agencies on aging.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter C. Programs and Services › Section 101A.104. Public Information on Cost of Long-Term Care

Sec. 101A.104.  PUBLIC INFORMATION ON COST OF LONG-TERM CARE. The department shall develop programs to provide information to the public relating to:
(1)  the cost of long-term care;
(2)  the limits on Medicaid eligibility;
(3)  the adequacy or inadequacy of other financing options, including Medicare;  and
(4)  possible methods of financing long-term care, including group insurance policies and other methods designed to assist individuals.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter C. Programs and Services › Section 101A.105. Services of Other Agencies

Sec. 101A.105.  SERVICES OF OTHER AGENCIES.  The department may accept services performed by other agencies to accomplish the purposes of this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter C. Programs and Services › Section 101A.106. Review of Administrative Costs and Programs

Sec. 101A.106.  REVIEW OF ADMINISTRATIVE COSTS AND PROGRAMS.  (a)  The executive commissioner by rule shall define "administrative costs" as used in this section.  However, if a standard definition of administrative costs is required by law to be used by state agencies, the executive commissioner shall use that definition.
(b)  To determine the administrative costs incurred by an entity, including an area agency on aging and including an entity that spends money distributed by the department under Section 101A.101 or 101A.102 in engaging in a program that is funded in any part by money derived from the department under this chapter, the department shall request appropriate information from the entity.
(c)  The executive commissioner shall establish the maximum amount of administrative costs that may be incurred by the entity in engaging in the program.
(d)  The department periodically shall review the actions of entities receiving funds from the department under this chapter and shall document its review.  The review of an entity that spends money distributed under Section 101A.102 must include on-site evaluations of the entity and must include the review of documentation, which shall be required by the department, of the services performed by the aged in programs under Section 101A.102.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter C. Programs and Services › Section 101A.107. Report on Unit Costs

Sec. 101A.107.  REPORT ON UNIT COSTS.  The department shall file with the Legislative Budget Board and the Governor's Office of Budget, Planning, and Policy a report that clearly identifies in a state fiscal year the unit cost of each service, other than services related to community service volunteering and subsidized employment services, provided by an area agency on aging.  The report must be filed annually on or before the date specified by the Legislative Budget Board.  The report must be in the form required by the Legislative Budget Board.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 19, eff. September 1, 2021.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter D. Options for Independent Living Program › Section 101A.151. Definitions

Sec. 101A.151.  DEFINITIONS.  In this subchapter:
(1)  "Case management" means the process of assessing service needs, developing a plan of care, and arranging for and monitoring delivery of care to an elderly person under this subchapter.
(2)  "Case management unit" is an entity that coordinates and administers case management.
(3)  "Elderly person" means a person who is 60 years of age or older.
(4)  "Service area" means a geographical area of the state designated for purposes of planning, development, and overall administration of services provided under this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter D. Options for Independent Living Program › Section 101A.152. Options for Independent Living Program

Sec. 101A.152.  OPTIONS FOR INDEPENDENT LIVING PROGRAM.  (a)  The department shall establish a statewide Options for Independent Living program to help elderly persons remain at home despite limited self-care capacities and to prevent institutionalization.
(b)  The Options for Independent Living program shall provide short-term support services to elderly persons for the purposes of:
(1)  restoring functional capacities after illness or hospitalization;  and
(2)  educating and preparing elderly persons and their caregivers to provide self-care.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter D. Options for Independent Living Program › Section 101A.153. Persons to Be Served

Sec. 101A.153.  PERSONS TO BE SERVED.  (a)  The Options for Independent Living program shall give priority to an elderly  person who:
(1)  has recently suffered a major illness or health care crisis or has recently been hospitalized;
(2)  lives in a rural area;
(3)  has insufficient caregiver support;
(4)  has a mild to moderate impairment or a temporary severe impairment;  and
(5)  is in great economic or social need, with particular attention to low-income minority older persons.
(b)  In awarding funding under this subchapter, the department shall serve priority populations consistent with the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.).
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter D. Options for Independent Living Program › Section 101A.154. Provision of Services

Sec. 101A.154.  PROVISION OF SERVICES.  (a) Support services shall include:
(1)  case management;
(2)  homemaking assistance, including personal care;
(3)  residential repair and modification;
(4)  benefits counseling;
(5)  respite care;
(6)  emergency response;
(7)  education and training for caregivers;
(8)  home-delivered meals;
(9)  transportation; and
(10)  other appropriate services identified by the case manager and client through the assessment and care planning process.
(b)  A case manager shall conduct an individual assessment of an elderly person's needs and shall, in consultation with the elderly person and the elderly person's family, create a plan of care that specifies the type, amount, frequency, and duration of support services the elderly person needs.
(c)  A plan of care must coordinate the available public and private services and resources that are most appropriate to meet the elderly person's needs.
(d)  An area agency on aging may not directly provide homemaker, home health, residential repair, respite, meal delivery, or transportation service unless the area agency:
(1)  receives no response to a request for proposals that meets department standards; and
(2)  has exhausted all other procurement options available under department rules.
(e)  An area agency on aging that wants to provide directly a service not available through a local public or private entity must obtain approval from the department in accordance with department rules governing the granting of such approval.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter D. Options for Independent Living Program › Section 101A.155. Case Management Units

Sec. 101A.155.  CASE MANAGEMENT UNITS.  (a)  The department shall designate one or more case management units for each service area to provide case management services according to department rules and standards.
(b)  The department shall designate an area agency on aging as a case management unit for a service area.  The area agency on aging may act as the case management unit, after obtaining approval from the department in accordance with department rules governing the granting of such approval, or the area agency on aging may subcontract with a local service agency or hospital to act as the case management unit.
(c)  A case manager must be an employee of a case management unit.
(d)  The department shall periodically review a case management unit.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter D. Options for Independent Living Program › Section 101A.156. Administration of Program

Sec. 101A.156.  ADMINISTRATION OF PROGRAM.  (a)  The department shall administer the Options for Independent Living program through grants to area agencies on aging.
(b)  Area agencies on aging shall maintain their service provision levels in effect on September 1, 1989, independent of the Options for Independent Living program.  Funds made available under this program may not be used to supplant service funds for services provided on September 1, 1989.
(c)  An area agency on aging that receives funds under this section shall ensure the availability of the services for which the funds were granted.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter D. Options for Independent Living Program › Section 101A.157. Fees

Sec. 101A.157.  FEES.  (a)  The executive commissioner by rule shall establish a copayment system using a sliding scale that is based on an elderly person's income.
(b)  An elderly person whose income exceeds the basic income and resources requirements for eligibility for the community care for aged and disabled program of the department, but whose income is less than 200 percent of that level, shall pay a portion of the cost of support services provided to the person by a case management unit according to the fee scale.
(c)  An elderly person whose income exceeds 200 percent of the level established by the department for the community care for aged and disabled program shall pay the full cost of support services provided by a case management unit.
(d)  A local case management unit shall collect and account for all fees imposed for services provided by the case management unit and shall submit reports to the department as prescribed by department rules.
(e)  Fees collected shall be used to defray program costs and to expand the Options for Independent Living program.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter E. Funding › Section 101A.201. Authority to Accept, Expend, and Transfer Funds

Sec. 101A.201.  AUTHORITY TO ACCEPT, EXPEND, AND TRANSFER FUNDS.  The department may accept, expend, and transfer federal and state funds appropriated for programs authorized by federal and state law and administered by the department under this chapter.  The department may accept, expend, and transfer funds received in relation to this chapter from any source, including a county, municipality, or public or private agency.  The funds shall be deposited in the state treasury and may be used for the purposes of this chapter, subject to any conditions attached to the funds.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter E. Funding › Section 101A.202. Contributions to Local Organizations: Certain Counties

Sec. 101A.202.  CONTRIBUTIONS TO LOCAL ORGANIZATIONS: CERTAIN COUNTIES.  (a)  This section applies only to counties having a population of not less than 20,600 and not more than 20,800 and to cities and towns within those counties.
(b)  Each county and each city or town to which this section applies may cooperate with the department in carrying out the department's purposes under this chapter on a local level by contributing funds to any local organization the functions of which are to cooperate with the department in carrying out those purposes.  The organization must operate with the approval and sanction of the department.
(c)  The operation of buildings, facilities, services, and programs by an organization for other community services or benefits does not prohibit the contribution of the funds under this section for the part of the organization's program for the aging if that part of the program is approved by the department.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 116, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter E. Funding › Section 101A.203. Funding to Area Agencies on Aging

Sec. 101A.203.  FUNDING TO AREA AGENCIES ON AGING.  (a)  The executive commissioner by rule shall adopt a formula that meets the intent of the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) for allocating among area agencies on aging funds that the department receives under the Act.
(b)  The formula must provide for the allocation of the funds among the area agencies on aging according to the most recent population estimates available from the Health and Human Services Commission.
(c)  The executive commissioner shall update the formula biennially and the department shall include the formula and population estimates in each state plan on aging.
(d)  Unless otherwise provided for by department rules regarding the carryover of unexpended funds allocated under this section, at the end of a fiscal year excess unexpended funds of an area agency on aging's allocations for that fiscal year shall be deducted from the allocation for the new fiscal year and that same amount of new fiscal year funds shall be reallocated.  The executive commissioner by rule shall adopt a reallocation formula that includes performance as a criterion, in addition to other criteria adopted by the executive commissioner.
(e)  The funds that the department receives under the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) shall be allocated and reallocated to area agencies on aging under the formulas adopted under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter E. Funding › Section 101A.204. Trusts for Certain Recipients of Medical Assistance

Sec. 101A.204.  TRUSTS FOR CERTAIN RECIPIENTS OF MEDICAL ASSISTANCE.  (a)  An area agency on aging may contract with one or more private attorneys to establish trusts described by 42 U.S.C. Section 1396p(d)(4)(B) for the benefit of recipients of medical assistance under Chapter 32 who, without the establishment of these trusts, would become ineligible for medical assistance.
(b)  The department shall allocate available state funds to the area agencies on aging for use in contracting for the establishment of trusts under Subsection (a).
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.251. Definitions

Sec. 101A.251.  DEFINITIONS.  In this subchapter:
(1)  "Commission" means the Health and Human Services Commission.
(1-a)  "Local ombudsman entity" means a distinct unit or entity, consisting of representatives, designated by the state long-term care ombudsman to carry out the ombudsman program in a service area of the state.
(2)  "Long-term care facility" means a facility that is licensed or regulated or that is required to be licensed or regulated by the commission under Chapter 242 or 247, Health and Safety Code.
(3)  "Office" means the office of the state long-term care ombudsman, consisting of the state long-term care ombudsman and representatives who are employed by the commission.
(3-a)  "Ombudsman program" means the program through which the functions and duties of the office are carried out, consisting of the office and all representatives.
(4)  "Representative" means an employee or volunteer specifically designated by the office as a representative of the office.
(4-a)  "Resident" means a resident of a long-term care facility.
(5)  "State long-term care ombudsman" means the chief administrator of the office.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.252. Operation of Office

Sec. 101A.252.  OPERATION OF OFFICE.  (a)  The office shall operate and is subject to the commission's oversight in accordance with federal and state statute.
(b)  The commission may operate the office directly or by contract or memorandum of agreement with a public agency or other appropriate private nonprofit organization.  The commission, agency, or organization may not implement a policy that prohibits the office from performing its duties under this subchapter.  The commission may not use an agency or organization that:
(1)  is responsible for licensing or certifying long-term care services;
(2)  is an association of long-term care facilities or of any other residential facility that serves persons with disabilities or who are 60 years of age or older, or that is an affiliate of such an association; or
(3)  has an ownership, operational, or investment interest in a long-term care facility.
(c)  The commission shall consider the views of residents, provider organizations, advocacy groups, and area agencies on aging in planning and operating the office.
(d)  The commission shall ensure that a person involved in designating the state long-term care ombudsman or in designating a representative does not have a conflict of interest.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.253. Role of Office

Sec. 101A.253.  ROLE OF OFFICE.  The office and the ombudsman program shall operate in cooperation with any regulatory agency funded and mandated by federal and state statute.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.254. Powers and Duties of State Long-Term Care Ombudsman and Office

Sec. 101A.254.  POWERS AND DUTIES OF STATE LONG-TERM CARE OMBUDSMAN AND OFFICE.  (a)  The office has the powers and duties authorized and required by state and federal law.
(b)  The office may use appropriate administrative, legal, and other remedies to assist residents as provided by commission rules.
(c)  The office acts independently of the commission in the performance of its powers and duties under this subchapter.
(d)  The state long-term care ombudsman has the authority to designate a local ombudsman entity or representative and to suspend or revoke that designation.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.255. Ombudsmen

Sec. 101A.255.  OMBUDSMEN.  (a)  The office shall recruit volunteers and citizen organizations to participate in the ombudsman program.  A paid staff member of an area agency on aging network or a nonprofit social service agency may be an ombudsman.  An ombudsman is a representative.
(b)  The office shall provide training to ombudsmen as required by this subchapter and federal law.
(c)  The office shall coordinate ombudsman services with the protection and advocacy systems that exist for persons with developmental disabilities or mental illness.
(d)  The office shall coordinate ombudsman services with state and local law enforcement agencies and courts of competent jurisdiction.  The office is not authorized to compel those law enforcement agencies or courts to coordinate ombudsman services or other activities with the office.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.256. Legal Counsel

Sec. 101A.256.  LEGAL COUNSEL.  The commission shall ensure that the office receives adequate legal advice and representation without conflict of interest as defined by the Texas Disciplinary Rules of Professional Conduct.  The attorney general shall represent the state long-term care ombudsman and a representative if a suit or other legal action is brought or threatened to be brought against that person in connection with the person's performance of the official duties of the ombudsman program.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.257. Investigations

Sec. 101A.257.  INVESTIGATIONS.  (a)  The office shall have access to residents and shall, in accordance with commission rules, investigate and resolve complaints made by or on behalf of residents.
(b)  The state long-term care ombudsman shall ensure that each ombudsman designated under Section 101A.255 who investigates complaints has received proper training and has been approved by the office as qualified to investigate complaints.
(c)  The office shall investigate a grievance made against a representative in accordance with commission rules and inform the person who made the grievance of the outcome of the investigation when the investigation is concluded.
(d)  A long-term care facility shall cooperate with an investigation conducted by the state long-term care ombudsman or a representative, including an ombudsman designated under Section 101A.255.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.258. Access to Records and Confidentiality

Sec. 101A.258.  ACCESS TO RECORDS AND CONFIDENTIALITY.  (a)  The state long-term care ombudsman and representatives shall have access to patient care records of residents as provided by commission rules.  Except as provided by Subsection (b), all records and information created or obtained by the state long-term care ombudsman or a representative remain confidential.
(a-1)  The state long-term care ombudsman and representatives shall have access to patient care records of a resident if:
(1)  the resident or the resident's legal representative consents to the access;
(2)  the resident is unable to consent to the access and the resident has no legal representative; or
(3)  access to the records is necessary to investigate a complaint and:
(A)  a legal representative of the resident refuses to consent to the access;
(B)  the state long-term care ombudsman or representative has reasonable cause to believe that the legal representative of the resident is not acting in the best interests of the resident; and
(C)  the state long-term care ombudsman approves the access.
(b)  The office shall ensure that the identity of a complainant or any resident may be disclosed only with the consent of the person or the person's legal representative or on court order.
(c)  Files, records, and other information maintained as part of the ombudsman program may be disclosed only at the discretion of the state long-term care ombudsman.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.259. Reporting System

Sec. 101A.259.  REPORTING SYSTEM.  The office shall maintain a statewide ombudsman uniform reporting system to collect and analyze information relating to complaints and conditions in long-term care facilities as long as such system does not duplicate other state reporting systems.  The office shall provide the information to the commission in accordance with federal law.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.260. Analysis of Laws

Sec. 101A.260.  ANALYSIS OF LAWS.  (a)  The office shall analyze and monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies relating to long-term care facilities and services and shall recommend any changes the office considers necessary.
(b)  To the extent necessary to perform any duties under this subchapter, Section 556.006(a), Government Code, and Section 391.0116, Local Government Code, do not apply to the state long-term care ombudsman or a representative.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.261. Public Information

Sec. 101A.261.  PUBLIC INFORMATION.  The office shall provide information and make recommendations to public agencies, legislators, and other persons about the problems and concerns of residents.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.262. Report

Sec. 101A.262.  REPORT.  (a)  The office shall prepare a report that contains:
(1)  information and findings relating to the problems and concerns of residents; and
(2)  policy, regulatory, and legislative recommendations to solve the problems, resolve the concerns, and improve the quality of the residents' care and lives.
(b)  The report must be submitted to the governor and the presiding officer of each house of the legislature not later than November 1 of each even-numbered year.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.263. Limitation of Liability

Sec. 101A.263.  LIMITATION OF LIABILITY.  The state long-term care ombudsman or a representative is not liable for civil damages or subject to criminal prosecution for performing official duties unless the state long-term care ombudsman or representative acts in bad faith or with a malicious purpose.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 101A - State Services for the Aging › Subchapter F. Office of State Long-Term Care Ombudsman › Section 101A.264. Criminal Penalty

Sec. 101A.264.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  by act or omission, wilfully interferes or attempts to interfere with the state long-term care ombudsman or a representative attempting to perform official duties; or
(2)  commits or attempts to commit an act of retaliation or reprisal against any resident or employee of a long-term care facility for filing a complaint or providing information to the state long-term care ombudsman or a representative.
(b)  An offense under this section is a Class B misdemeanor.
(c)  The commission shall ensure that criminal sanctions will be initiated only after all administrative procedures are exhausted.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.361, eff. April 2, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 900 (H.B. 3564), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 102 - Rights of the Elderly › Section 102.001. Definitions

Sec. 102.001.  DEFINITIONS.  In this chapter:
(1)  "Convalescent and nursing home" means an institution licensed by the Department of Aging and Disability Services under Chapter 242, Health and Safety Code.
(2)  "Home health services" means the provision of health service for pay or other consideration in a patient's residence regulated under Chapter 142, Health and Safety Code.
(3)  "Alternate care" means services provided within an elderly individual's own home, neighborhood, or community, including:
(A)  day care;
(B)  foster care;
(C)  alternative living plans, including personal care services;  and
(D)  supportive living services, including attendant care, residential repair, or emergency response services.
(4)  "Person providing services" means an individual, corporation, association, partnership, or other private or public entity providing convalescent and nursing home services, home health services, or alternate care services.
(5)  "Elderly individual" means an individual 60 years of age or older.
Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1985, 69th Leg., ch. 264, Sec. 25, eff. Aug. 26, 1985;  Acts 1991, 72nd Leg., ch. 14, Sec. 284(20), (30), eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 8.101, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.362, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 102 - Rights of the Elderly › Section 102.002. Prohibition

Sec. 102.002.  PROHIBITION.  (a)  A person providing services to the elderly may not deny an elderly individual a right guaranteed by this chapter.
(b)  Each agency that licenses, registers, or certifies a person providing services shall require the person to implement and enforce this chapter.  A violation of this chapter is grounds for suspension or revocation of the license, registration, or certification of a person providing services.
Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1985, 69th Leg., ch. 264, Sec. 26, eff. Aug. 26, 1985;  Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 102 - Rights of the Elderly › Section 102.004. List of Rights

Sec. 102.004.  LIST OF RIGHTS.  (a)  A person providing services shall provide each elderly individual with a written list of the individual's rights and responsibilities, including each provision of Section 102.003, before providing services or as soon after providing services as possible, and shall post the list in a conspicuous location.
(b)  A person providing services must inform an elderly individual of changes or revisions in the list.
Added by Acts 1983, 68th Leg., p. 5159, ch. 936, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 102 - Rights of the Elderly › Section 102.005. Rights Cumulative

Sec. 102.005.  RIGHTS CUMULATIVE.  The rights described in this chapter are cumulative of other rights or remedies to which an elderly individual may be entitled under law.
Added by Acts 1997, 75th Leg., ch. 475, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 103 - Day Activity and Health Services › Section 103.001. Purpose

Sec. 103.001.  PURPOSE.  It is the purpose of this chapter to establish programs of quality day activity and health services that will enable persons with disabilities who have medical or functional impairments and elderly persons to maintain maximum independence and to prevent premature or inappropriate institutionalization.  It is the purpose of this chapter to provide adequately regulated supervision for elderly persons and persons with disabilities while enabling them to remain in a family environment and affording the family a measure of normality in its daily activities.  The legislature intends to provide for the development of policies and programs that will:
(1)  provide alternatives to institutionalization;
(2)  establish facilities for day activity and health services throughout the state that offer services and are accessible to economically disadvantaged persons; and
(3)  prevent inappropriate institutionalization.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.364, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 6, eff. June 19, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 103 - Day Activity and Health Services › Section 103.002. Short Title

Sec. 103.002.  SHORT TITLE.  This chapter may be cited as the Day Activity and Health Services Act.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 6, eff. June 19, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 103 - Day Activity and Health Services › Section 103.003. Definitions

Sec. 103.003.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Health and Human Services Commission.
(1-a)  "Day activity and health services facility" means a facility that provides services under a day activity and health services program on a daily or regular basis but not overnight to four or more elderly persons or persons with disabilities who are not related by blood, marriage, or adoption to the owner of the facility.
(2)  "Day activity and health services program" means a structured, comprehensive program that is designed to meet the needs of adults with functional impairments through an individual plan of care by providing health, social, and related support services in a protective setting.
(3)  "Department" means the Department of Aging and Disability Services.
(4)  "Elderly person" means a person 65 years of age or older.
(4-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(4-b)  "Facility" means a day activity and health services facility.
(5)  "Person with a disability" means a person whose functioning is sufficiently impaired to require frequent medical attention, counseling, physical therapy, therapeutic or corrective equipment, or another person's attendance and supervision.
(6)  "Person" means an individual, corporation, or association.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.  Amended by Acts 1985, 69th Leg., ch. 264, Sec. 27, eff. Aug. 26, 1985;  Acts 1993, 73rd Leg., ch. 434, Sec. 2, eff. Jan. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.365, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 7, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 17, eff. September 1, 2017.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 103 - Day Activity and Health Services › Section 103.004. Department and Executive Commissioner Duties

Sec. 103.004.  DEPARTMENT AND EXECUTIVE COMMISSIONER DUTIES.  (a)  The executive commissioner shall adopt rules for implementing this chapter.
(b)  The executive commissioner shall set standards for:
(1)  the health and welfare of persons attending a facility;
(2)  the eligibility of persons to attend a facility;
(3)  the scope of services provided by a facility;
(4)  adequate supervision for persons attending a facility;
(5)  the professional staff and other personnel at a facility;
(6)  adequate and healthful food service, where it may be offered;
(7)  procedures for consultation with family members, case workers, or other persons responsible for the welfare of a person attending a facility; and
(8)  prohibiting racial discrimination.
(c)  The department may contract with a political subdivision or a person for transporting persons to a facility.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.366, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.367, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 103 - Day Activity and Health Services › Section 103.0041. License Required

Sec. 103.0041.  LICENSE REQUIRED.  (a)  A person may not operate a day activity and health services facility without a license issued under this chapter.
(b)  A person commits an offense if the person violates Subsection (a) of this section.  An offense under this subsection is a Class A misdemeanor.
Added by Acts 1993, 73rd Leg., ch. 434, Sec. 1, eff. Jan. 1, 1994.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 8, eff. June 19, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 103 - Day Activity and Health Services › Section 103.005. Licensing Duties

Sec. 103.005.  LICENSING DUTIES.  The executive commissioner shall:
(1)  adopt rules for the licensing procedures for a licensed facility; and
(2)  set standards for the safety and sanitation requirements for a licensed facility.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 8.102, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.368, eff. April 2, 2015.
2023 Texas Statutes › Human Resources Code › Title 6 - Services for the Elderly › Chapter 103 - Day Activity and Health Services › Section 103.006. License

Sec. 103.006.  LICENSE.  (a)  The commission shall issue a license to operate a day activity and health services facility to a person who has met the application requirements and received approval after an on-site inspection.
(b)  The license expires three years from the date of its issuance.  The executive commissioner by rule shall adopt a system under which licenses expire on staggered dates during the three-year period.  The commission shall prorate the license fee as appropriate if the expiration date of a license changes as a result of this subsection.
(c)  An applicant for a license under this chapter who has a health care provider license is entitled to have inspections and license renewal procedures coordinated so that one inspection may fulfill various licensing requirements.
Added by Acts 1983, 68th Leg., p. 1008, ch. 235, art. 4, Sec. 3(a), eff. Sept. 1, 1983.  Amended by Acts 1993, 73rd Leg., ch. 434, Sec. 3, eff. Jan. 1, 1994;  Acts 1995, 74th Leg., ch. 76, Sec. 8.103, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 809 (S.B. 1318), Sec. 3, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.369, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1231 (S.B. 1999), Sec. 9, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 836 (H.B. 2025), Sec. 18, eff. September 1, 2017.