reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.1075. Respite Care

Sec. 534.1075.  RESPITE CARE.  (a)  The executive commissioner shall adopt rules relating to the provision of respite care and shall develop a system to reimburse providers of in-home respite care.
(b)  The rules must:
(1)  encourage the use of existing local providers;
(2)  encourage family participation in the choice of a qualified provider;
(3)  establish procedures necessary to administer this section, including procedures for:
(A)  determining the amount and type of in-home respite care to be authorized;
(B)  reimbursing providers;
(C)  handling appeals from providers;
(D)  handling complaints from recipients of in-home respite care;
(E)  providing emergency backup for in-home respite care providers; and
(F)  advertising for, selecting, and training in-home respite care providers; and
(4)  specify the conditions and provisions under which a provider's participation in the program can be canceled.
(c)  The executive commissioner shall establish service and performance standards for department facilities and designated providers to use in operating the in-home respite care program.  The executive commissioner shall establish the standards from information obtained from the families of clients receiving in-home respite care and from providers of in-home respite care.  The executive commissioner may obtain the information at a public hearing or from an advisory group.
(d)  The service and performance standards established by the executive commissioner under Subsection (c) must:
(1)  prescribe minimum personnel qualifications the executive commissioner determines are necessary to protect health and safety;
(2)  establish levels of personnel qualifications that are dependent on the needs of the client; and
(3)  permit a health professional with a valid Texas practitioner's license to provide care that is consistent with the professional's training and license without requiring additional training unless the executive commissioner determines that additional training is necessary.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.108. Standards of Care

Sec. 534.108.  STANDARDS OF CARE.  (a)  The executive commissioner shall develop standards of care for the services provided by a local intellectual and developmental disability authority and its subcontractors under this subchapter.
(b)  The standards must be designed to ensure that the quality of community-based intellectual disability services is consistent with the quality of care available in department facilities.
(c)  In conjunction with local intellectual and developmental disability authorities, the executive commissioner shall review the standards biennially to determine if each standard is necessary to ensure the quality of care.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.109. Contract Compliance for Local Authorities

Sec. 534.109.  CONTRACT COMPLIANCE FOR LOCAL AUTHORITIES.  (a)  The department shall evaluate a local intellectual and developmental disability authority's compliance with its contract to ensure the provision of specific services to priority populations.
(b)  If, by a date set by the commissioner, a local intellectual and developmental disability authority fails to comply with its contract to ensure the provision of services to the satisfaction of the commissioner, the department may impose a sanction as provided by the applicable contract rule until the dispute is resolved.  The department shall notify the authority in writing of the department's decision to impose a sanction.
(c)  A local intellectual and developmental disability  authority may appeal the department's decision to impose a sanction on the authority.  The executive commissioner by rule shall prescribe the appeal procedure.
(d)  The filing of a notice of appeal stays the imposition of the department's decision to impose a sanction except when an act or omission by a local intellectual and developmental disability authority is endangering or may endanger the life, health, welfare, or safety of a person.
(e)  While an appeal under this section is pending, the department may limit general revenue allocations to a local intellectual and developmental disability authority to monthly distributions.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.110. Program and Service Monitoring and Review of Local Authorities

Sec. 534.110.  PROGRAM AND SERVICE MONITORING AND REVIEW OF LOCAL AUTHORITIES.  (a)  The department shall develop mechanisms for monitoring the services provided by a local intellectual and developmental disability authority.
(b)  The department shall review the program quality and program performance results of a local intellectual and developmental disability authority in accordance with a risk assessment and evaluation system appropriate to the authority's contract requirements.  The department may determine the scope of the review.
(c)  A contract between a local intellectual and developmental disability authority and the department must authorize the department to have unrestricted access to all facilities, records, data, and other information under the control of the authority as necessary to enable the department to audit, monitor, and review the financial and program activities and services associated with department funds.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.111. Coordinated Program Audits of Local Authorities

Sec. 534.111.  COORDINATED PROGRAM AUDITS OF LOCAL AUTHORITIES.  (a)  The executive commissioner shall coordinate with each agency or department of the state that contracts with a local intellectual and developmental disability authority to prescribe procedures for a coordinated program audit of the authority.  The procedures must be:
(1)  consistent with the requirements for the receipt of federal funding by the authority; and
(2)  based on risk assessment.
(b)  A program audit must evaluate:
(1)  the extent to which a local intellectual and developmental disability authority is achieving the results or benefits established by an agency or department of the state or by the legislature;
(2)  the effectiveness of the authority's organization, program, activities, or functions; and
(3)  the authority's compliance with law.
(c)  A program audit of a local intellectual and developmental disability authority must be performed in accordance with the procedures prescribed under this section.
(d)  The department may not implement a procedure for a program audit under this section without the approval of the executive commissioner.
(e)  This section does not prohibit an agency, department, or other entity providing funding to a local intellectual and developmental disability authority from investigating a complaint against the authority or performing additional contract monitoring of the authority.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.112. Financial Audits of Local Authorities

Sec. 534.112.  FINANCIAL AUDITS OF LOCAL AUTHORITIES.  (a)  The executive commissioner shall prescribe procedures for a financial audit of a local intellectual and developmental disability authority.  The procedures must be consistent with requirements for the receipt of federal funding by the authority.
(b)  The executive commissioner shall develop the procedures with the assistance of each agency or department of the state that contracts with a local intellectual and developmental disability authority.  The executive commissioner  shall incorporate each agency's or department's financial or compliance requirements for an authority into a single audit that meets the requirements of Section 534.121.
(c)  Before prescribing or amending a procedure under this section, the executive commissioner must set a deadline for agencies and departments of the state that contract with local intellectual and developmental disability authorities to submit proposals relating to the procedure.
(d)  An agency or department of the state that contracts with a local intellectual and developmental disability  authority must comply with a procedure developed under this section.
(e)  The department may not implement a procedure under this section without the approval of the executive commissioner.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.113. Additional Financial Audit Activity

Sec. 534.113.  ADDITIONAL FINANCIAL AUDIT ACTIVITY.  (a)  The executive commissioner shall develop protocols for an agency or department of the state to conduct additional financial audit activities of a local intellectual and developmental disability authority.
(b)  An agency or department of the state may not conduct additional financial audit activities relating to a local intellectual and developmental disability authority without the approval of the executive commissioner.
(c)  This section, and a protocol developed under this section, do not apply to an audit conducted under Chapter 321, Government Code.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.114. Program and Service Monitoring and Review of Certain Community Services

Sec. 534.114.  PROGRAM AND SERVICE MONITORING AND REVIEW OF CERTAIN COMMUNITY SERVICES.  (a)  The local intellectual and developmental disability authority shall monitor the services of a provider who contracts with the authority to provide services to persons with an intellectual disability to ensure that the provider is delivering the services in a manner consistent with the provider's contract.
(b)  Each provider contract involving the use of state funds or funds for which the state has oversight responsibility must authorize the local intellectual and developmental disability authority or the authority's designee and the department or the department's designee to have unrestricted access to all facilities, records, data, and other information under the control of the provider as necessary to enable the department to audit, monitor, and review the financial and program activities and services associated with the contract.
(c)  The department may withdraw funding from a local intellectual and developmental disability authority that fails to cancel a contract with a provider involving the use of state funds or funds for which the state has oversight responsibility if:
(1)  the provider is not fulfilling its contractual obligations; and
(2)  the authority has not taken appropriate action to remedy the problem in accordance with department rules.
(d)  The executive commissioner by rule shall prescribe procedures a local intellectual and developmental disability authority must follow in remedying a problem with a provider.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.115. Peer Review Organization

Sec. 534.115.  PEER REVIEW ORGANIZATION.  The department shall assist a local intellectual and developmental disability authority in developing a peer review organization to provide self-assessment of programs and to supplement department reviews under Section 534.110.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.116. Contract Renewal

Sec. 534.116.  CONTRACT RENEWAL.  The executive commissioner may refuse to renew a contract with a local intellectual and developmental disability authority and may select other agencies, entities, or organizations to be the local intellectual and developmental disability authority if the department's evaluation of the authority's performance under Section 534.109 indicates that the authority cannot ensure the availability of the specific services to priority populations required by the department and this subtitle.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.117. Renewal of Certain Contracts for Community Services

Sec. 534.117.  RENEWAL OF CERTAIN CONTRACTS FOR COMMUNITY SERVICES.  (a)  A local intellectual and developmental disability authority shall review a contract scheduled for renewal that:
(1)  is between the authority and a private provider;
(2)  is for the provision of intellectual disability services at the community level, including residential services; and
(3)  involves the use of state funds or funds for which the state has oversight responsibility.
(b)  The local intellectual and developmental disability authority may renew the contract only if the contract meets the criteria provided by Section 533A.016.
(c)  The local intellectual and developmental disability authority and private provider shall negotiate a contract renewal at arm's length and in good faith.
(d)  This section applies to a contract renewal regardless of the date on which the original contract was initially executed.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.118. Local Match Requirement

Sec. 534.118.  LOCAL MATCH REQUIREMENT.  (a)  The department shall include in a contract with a local intellectual and developmental disability authority a requirement that some or all of the state funds the authority receives be matched by local support in an amount or proportion jointly agreed to by the department and the authority's board of trustees and based on the authority's financial capability and its overall commitment to other intellectual disability programs, as appropriate.
(b)  Client fee income, third-party insurance income, services and facilities contributed by the local intellectual and developmental disability authority, contributions by a county or municipality, and other locally generated contributions, including local tax funds, may be counted when calculating the local support for a local intellectual and developmental disability authority.  The department may disallow or reduce the value of services claimed as support.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.119. Fee Collection Policy

Sec. 534.119.  FEE COLLECTION POLICY.  The executive commissioner shall establish a uniform fee collection policy for all local intellectual and developmental disability authorities that is equitable, provides for collections, and maximizes contributions to local revenue.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.120. Notice of Denial, Reduction, or Termination of Services

Sec. 534.120.  NOTICE OF DENIAL, REDUCTION, OR TERMINATION OF SERVICES.  The executive commissioner by rule, in cooperation with local intellectual and developmental disability  authorities, consumers, consumer advocates, and service providers, shall establish a uniform procedure that each local intellectual and developmental disability authority shall use to notify consumers in writing of the denial, involuntary reduction, or termination of services and of the right to appeal those decisions.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.121. Audits

Sec. 534.121.  AUDITS.  (a)  As a condition to receiving funds under this subtitle, a local intellectual and developmental disability authority other than a state facility designated as an authority must annually submit to the department a financial and compliance audit prepared by a certified public accountant or public accountant licensed by the Texas State Board of Public Accountancy.  To ensure the highest degree of independence and quality, the local intellectual and developmental disability authority shall use an invitation-for-proposal process as prescribed by the executive commissioner to select the auditor.
(a-1)  The audit required under Subsection (a) may be published electronically on the local intellectual and developmental disability authority's Internet website.  An authority that electronically publishes an audit under this subsection shall notify the department that the audit is available on the authority's Internet website on or before the date the audit is due.
(b)  The audit must meet the minimum requirements as shall be, and be in the form and in the number of copies as may be, prescribed by the executive commissioner, subject to review and comment by the state auditor.
(c)  The local intellectual and developmental disability authority shall file the required number of copies of the audit report with the department by the date prescribed by the executive commissioner.  From the copies filed with the department, copies of the report shall be submitted to the governor and Legislative Budget Board.
(d)  The local intellectual and developmental disability authority shall either approve or refuse to approve the audit report.  If the authority refuses to approve the report, the authority shall include with the department's copies a statement detailing the reasons for refusal.
(e)  The commissioner and state auditor have access to all vouchers, receipts, journals, or other records the commissioner or auditor considers necessary to review and analyze the audit report.
(f)  The department shall annually submit to the governor, Legislative Budget Board, and Legislative Audit Committee a summary of the significant findings identified during the department's reviews of fiscal audit activities.
(g)  The report required under Subsection (f) may be published electronically on the department's Internet website.  The department shall notify each entity entitled to receive a copy of the report that the report is available on the department's Internet website on or before the date the report is due.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.122. Criteria for Providing Funds for Start-Up Costs

Sec. 534.122.  CRITERIA FOR PROVIDING FUNDS FOR START-UP COSTS.  (a)  The executive commissioner by rule shall develop criteria to regulate the provision of payment to a private provider for start-up costs associated with the development of residential and other community services for persons with an intellectual disability.
(b)  The criteria shall provide that start-up funds be awarded only as a last resort and shall include provisions relating to:
(1)  the purposes for which start-up funds may be used;
(2)  the ownership of capital property and equipment obtained by the use of start-up funds; and
(3)  the obligation of the private provider to repay the start-up funds awarded by the department by direct repayment or by providing services for a period agreed to by the parties.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.123. Use of Prospective Payment Funds

Sec. 534.123.  USE OF PROSPECTIVE PAYMENT FUNDS.  (a)  Each local intellectual and developmental disability authority that receives prospective payment funds shall submit to the department a quarterly report that clearly identifies how the provider or program used the funds during the preceding fiscal quarter.
(b)  The executive commissioner by rule shall prescribe the form of the report, the specific information that must be included in the report, and the deadlines for submitting the report.
(c)  The department may not provide prospective payment funds to a local intellectual and developmental disability authority that fails to submit the quarterly reports required by this section.
(d)  In this section, "prospective payment funds" means money the department prospectively provides to a local intellectual and developmental disability authority to provide community services to certain persons with an intellectual disability.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter B. -1. Community-Based Intellectual Disability Services › Section 534.124. Advisory Committee

Sec. 534.124.  ADVISORY COMMITTEE.  A local intellectual and developmental disability authority may appoint a committee to advise its governing board on a matter relating to the oversight and provision of intellectual disability services.  The appointment of a committee does not relieve the authority's governing board of a responsibility prescribed by this subtitle.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter C. Health Maintenance Organizations › Section 534.152. Laws and Rules

Sec. 534.152.  LAWS AND RULES.  A nonprofit corporation created or operated under this subchapter that obtains and holds a valid certificate of authority as a health maintenance organization may exercise the powers and authority and is subject to the conditions and limitations provided by this subchapter, Chapter 843, Insurance Code, the Texas Nonprofit Corporation Law as described by Section 1.008(d), Business Organizations Code, and rules of the Texas Department of Insurance.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter C. Health Maintenance Organizations › Section 534.153. Application of Laws and Rules

Sec. 534.153.  APPLICATION OF LAWS AND RULES.  A health maintenance organization created and operating under this subchapter is governed as, and is subject to the same laws and rules of the Texas Department of Insurance as, any other health maintenance organization of the same type.  The commissioner of insurance may adopt rules as necessary to accept funding sources other than the sources specified by Section 843.405, Insurance Code, from a nonprofit health maintenance organization created and operating under this subchapter, to meet the minimum surplus requirements of that section.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter C. Health Maintenance Organizations › Section 534.154. Applicability of Specific Laws

Sec. 534.154.  APPLICABILITY OF SPECIFIC LAWS.  (a)  A nonprofit health maintenance organization created under Section 534.151 is a health care provider that is a nonprofit health maintenance organization created and operated by a community center for purposes of Section 84.007(e), Civil Practice and Remedies Code.  The nonprofit health maintenance organization is not a governmental unit or a unit of local government, for purposes of Chapters 101 and 102, Civil Practice and Remedies Code, respectively, or a local government for purposes of Chapter 791, Government Code.
(b)  Nothing in this subchapter precludes one or more community centers from forming a nonprofit corporation under Chapter 162, Occupations Code, to provide services on a risk-sharing or capitated basis as permitted under Chapter 844, Insurance Code.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter C. Health Maintenance Organizations › Section 534.155. Consideration of Bids

Sec. 534.155.  CONSIDERATION OF BIDS.  Each appropriate department shall give equal consideration to bids submitted by any entity, whether it be public, for-profit, or nonprofit, if the department accepts bids to provide services through a capitated or at-risk payment arrangement and if the entities meet all other criteria as required by the department.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle A - Services for Persons With Mental Illness or an Intellectual Disability › Chapter 534 - Community Services › Subchapter C. Health Maintenance Organizations › Section 534.156. Conditions for Certain Contracts

Sec. 534.156.  CONDITIONS FOR CERTAIN CONTRACTS.  A contract between each appropriate department and a health maintenance organization formed by one or more community centers must provide that the health maintenance organization may not form a for-profit entity unless the organization transfers all of the organization's assets to the control of the boards of trustees of the community centers that formed the organization.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter A. General Powers and Duties Relating to State Facilities › Section 551.001. Definitions

Sec. 551.001.  DEFINITIONS.  In this subtitle:
(1)  "Commission" means the Health and Human Services Commission.
(2)  "Commissioner" means:
(A)  the commissioner of state health services in relation to mental health services; and
(B)  the commissioner of aging and disability services in relation to intellectual disability services.
(3)  "Department" means:
(A)  the Department of State Health Services in relation to mental health services; and
(B)  the Department of Aging and Disability Services in relation to intellectual disability services.
(4)  "Department facility" means:
(A)  a facility for persons with mental illness under the jurisdiction of the Department of State Health Services; and
(B)  a facility for persons with an intellectual disability under the jurisdiction of the Department of Aging and Disability Services.
(5)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter A. General Powers and Duties Relating to State Facilities › Section 551.002. Prohibition of Interest

Sec. 551.002.  PROHIBITION OF INTEREST.  The superintendent or director of a department facility or a person connected with that department facility may not:
(1)  sell or have a concern in the sale of merchandise, supplies, or other items to a department facility; or
(2)  have an interest in a contract with a department facility.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter A. General Powers and Duties Relating to State Facilities › Section 551.003. Deposit of Patient or Client Funds

Sec. 551.003.  DEPOSIT OF PATIENT OR CLIENT FUNDS.  (a)  The superintendent or director of a department facility is the custodian of the personal funds that belong to a facility patient or client and that are on deposit with the institution.
(b)  The superintendent or director may deposit or invest those funds in:
(1)  a bank in this state;
(2)  federal bonds or obligations; or
(3)  bonds or obligations for which the faith and credit of the United States are pledged.
(c)  The superintendent or director may combine the funds of facility patients or clients only to deposit or invest the funds.
(d)  The person performing the function of business manager at that facility shall maintain records of the amount of funds on deposit for each facility patient or client.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter A. General Powers and Duties Relating to State Facilities › Section 551.004. Benefit Fund

Sec. 551.004.  BENEFIT FUND.  (a)  The superintendent or director may deposit the interest or increment accruing from funds deposited or invested under Section 551.003 into a fund to be known as the benefit fund.  The superintendent or director is the trustee of the fund.
(b)  The superintendent or director may spend money from the benefit fund for:
(1)  educating or entertaining the patients or clients;
(2)  barber or cosmetology services for the patients or clients; and
(3)  the actual expense incurred in maintaining the fund.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter A. General Powers and Duties Relating to State Facilities › Section 551.005. Disbursement of Patient or Client Funds

Sec. 551.005.  DISBURSEMENT OF PATIENT OR CLIENT FUNDS.  Funds in the benefit fund or belonging to a facility patient or client may be disbursed only on the signatures of both the facility's superintendent or director and the person performing the function of business manager at that facility.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter A. General Powers and Duties Relating to State Facilities › Section 551.006. Facility Standards

Sec. 551.006.  FACILITY STANDARDS.  (a)  The executive commissioner by rule shall prescribe standards for department facilities relating to building safety and the number and quality of staff.  The staff standards must provide that adequate staff exist to ensure a continuous plan of adequate medical, psychiatric, nursing, and social work services for patients and clients of a department facility.
(b)  Each department shall approve facilities of that department that meet applicable standards and, when requested, shall certify the approval to the Centers for Medicare and Medicaid Services.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter A. General Powers and Duties Relating to State Facilities › Section 551.007. Building and Improvement Program

Sec. 551.007.  BUILDING AND IMPROVEMENT PROGRAM.  (a)  The executive commissioner, in coordination with the appropriate department, shall design, construct, equip, furnish, and maintain buildings and improvements authorized by law at department facilities.
(b)  The executive commissioner may employ architects and engineers to prepare plans and specifications and to supervise construction of buildings and improvements.  The executive commissioner shall employ professional, technical, and clerical personnel to carry out the design and construction functions prescribed by this section, subject to the General Appropriations Act and other applicable law.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter A. General Powers and Duties Relating to State Facilities › Section 551.008. Regional Laundry Centers

Sec. 551.008.  REGIONAL LAUNDRY CENTERS.  A regional laundry center operated by the commission to provide laundry services to department facilities may contract with federal agencies, other state agencies, or local political subdivisions to provide or receive laundry services.
Added by Acts 2019, 86th Leg., R.S., Ch. 111 (S.B. 1234), Sec. 1, eff. May 22, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter A. General Powers and Duties Relating to State Facilities › Section 551.009. Hill Country Local Mental Health Authority Crisis Stabilization Unit

Sec. 551.009.  HILL COUNTRY LOCAL MENTAL HEALTH AUTHORITY CRISIS STABILIZATION UNIT.  (a)  In this section, "department" means the Department of State Health Services.
(a-1)  The department shall contract with the local mental health authority serving the Hill Country area, including Kerr County, to operate a crisis stabilization unit on the grounds of the Kerrville State Hospital as provided by this section.  The unit must be a 16-bed facility separate from the buildings used by the Kerrville State Hospital.
(b)  The department shall include provisions in the contract requiring the local mental health authority to ensure that the crisis stabilization unit provides short-term residential treatment, including medical and nursing services, designed to reduce a patient's acute symptoms of mental illness and prevent a patient's admission to an inpatient mental health facility.
(c)  The local mental health authority shall contract with Kerrville State Hospital to provide food service, laundry service, and lawn care to the local mental health authority operating a crisis stabilization unit on the grounds of the Kerrville State Hospital as provided by this section.
(d)  The crisis stabilization unit may not be used to provide care to:
(1)  children; or
(2)  adults committed to or court ordered to a department facility as provided by Chapter 46C, Code of Criminal Procedure.
(e)  The local mental health authority operating the crisis stabilization unit under contract shall use, for the purpose of operating the 16-bed unit, the money appropriated to the department for operating 16 beds in state hospitals that is allocated to the local mental health authority.  The department shall ensure that the local mental health authority retains the remainder of the local authority's state hospital allocation that is not used for operating the 16-bed unit.  The department may allocate additional funds appropriated to the department for state hospitals to the crisis stabilization unit.
(f)  The department shall reduce the number of beds the department operates in the state hospital system by 16.  The department, in collaboration with the local mental health authority, shall ensure that the 16 beds in the crisis stabilization unit are made available to other mental health authorities for use as designated by the department.
Added by Acts 2007, 80th Leg., R.S., Ch. 1188 (H.B. 654), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 83 (S.B. 1054), Sec. 2, eff. May 20, 2009.
Acts 2009, 81st Leg., R.S., Ch. 83 (S.B. 1054), Sec. 3, eff. May 20, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 111 (S.B. 1234), Sec. 2, eff. May 22, 2019.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter B. Provisions Applicable to Facility Superintendent or Director › Section 551.022. Powers and Duties of Superintendent

Sec. 551.022.  POWERS AND DUTIES OF SUPERINTENDENT.  (a)  The superintendent of a department facility for persons with mental illness is the administrative head of that facility.
(b)  The superintendent has the custody of and responsibility to care for the buildings, grounds, furniture, and other property relating to the facility.
(c)  The superintendent shall:
(1)  oversee the admission and discharge of patients;
(2)  keep a register of all patients admitted to or discharged from the facility;
(3)  supervise repairs and improvements to the facility;
(4)  ensure that facility money is spent judiciously and economically;
(5)  keep an accurate and detailed account of all money received and spent, stating the source of the money and to whom and the purpose for which the money is spent; and
(6)  keep a full record of the facility's operations.
(d)  In accordance with department rules and departmental operating procedures, the superintendent may:
(1)  establish policy to govern the facility that the superintendent considers will best promote the patients' interest and welfare;
(2)  appoint subordinate officers, teachers, and other employees and set their salaries, in the absence of other law; and
(3)  remove an officer, teacher, or employee for good cause.
(e)  This section does not apply to a state supported living center or the director of a state supported living center.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 821, Sec. 17, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 20, eff. June 11, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter B. Provisions Applicable to Facility Superintendent or Director › Section 551.0225. Powers and Duties of State Supported Living Center Director

Sec. 551.0225.  POWERS AND DUTIES OF STATE SUPPORTED LIVING CENTER DIRECTOR.  (a)  The director of a state supported living center is the administrative head of the center.
(b)  The director of a state supported living center has the custody of and responsibility to care for the buildings, grounds, furniture, and other property relating to the center.
(c)  The director of a state supported living center shall:
(1)  oversee the admission and discharge of residents and clients;
(2)  keep a register of all residents and clients admitted to or discharged from the center;
(3)  ensure that the civil rights of residents and clients of the center are protected;
(4)  ensure the health, safety, and general welfare of residents and clients of the center;
(5)  supervise repairs and improvements to the center;
(6)  ensure that center money is spent judiciously and economically;
(7)  keep an accurate and detailed account of all money received and spent, stating the source of the money and on whom and the purpose for which the money is spent;
(8)  keep a full record of the center's operations;
(9)  monitor the arrival and departure of individuals to and from the center as appropriate to ensure the safety of residents; and
(10)  ensure that residents' family members and legally authorized representatives are notified of serious events that may indicate problems in the care or treatment of residents.
(d)  In accordance with department rules and operating procedures, the director of a state supported living center may:
(1)  establish policy to govern the center that the director considers will best promote the residents' interest and welfare;
(2)  hire subordinate officers, teachers, and other employees and set their salaries, in the absence of other law; and
(3)  dismiss a subordinate officer, teacher, or employee for good cause.
(e)  The Department of Aging and Disability Services shall, with input from residents of a state supported living center, and the family members and legally authorized representatives of those residents, develop a policy that defines "serious event" for purposes of Subsection (c)(10).
Added by Acts 2009, 81st Leg., R.S., Ch. 284 (S.B. 643), Sec. 21, eff. June 11, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter B. Provisions Applicable to Facility Superintendent or Director › Section 551.024. Superintendent's or Director's Duty to Admit Commissioner and Executive Commissioner

Sec. 551.024.  SUPERINTENDENT'S OR DIRECTOR'S DUTY TO ADMIT COMMISSIONER AND EXECUTIVE COMMISSIONER.  (a)  The superintendent or director shall admit into every part of the department facility the commissioner of that department and the executive commissioner.
(b)  The superintendent or director shall on request show any book, paper, or account relating to the department facility's business, management, discipline, or government to the commissioner of that department or the executive commissioner.
(c)  The superintendent or director shall give to the commissioner of that department or the executive commissioner any requested copy, abstract, or report.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter B. Provisions Applicable to Facility Superintendent or Director › Section 551.025. Duty to Report Missing Patient or Client

Sec. 551.025.  DUTY TO REPORT MISSING PATIENT OR CLIENT.  If a person receiving inpatient intellectual disability services or court-ordered inpatient mental health services leaves a department facility without notifying the facility or without the facility's consent, the facility director or superintendent shall immediately report the person as a missing person to an appropriate law enforcement agency in the area in which the facility is located.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 7 - Mental Health and Intellectual Disability › Subtitle B - State Facilities › Chapter 551 - General Provisions › Subchapter B. Provisions Applicable to Facility Superintendent or Director › Section 551.026. Person Performing Business Manager Function

Sec. 551.026.  PERSON PERFORMING BUSINESS MANAGER FUNCTION.  (a)  The person performing the function of business manager of a department facility is the chief disbursing officer of the department facility.
(b)  The person performing the function of business manager of a department facility is directly responsible to the superintendent or director.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1337, eff. April 2, 2015.