reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.005. Eligibility for Services

Sec. 35.005.  ELIGIBILITY FOR SERVICES.  (a)  The executive commissioner by rule shall:
(1)  define medical, financial, and other criteria for eligibility to receive services; and
(2)  establish a system for verifying eligibility information submitted by an applicant for or recipient of services.
(b)  In defining medical and financial criteria for eligibility under Subsection (a), the executive commissioner may not:
(1)  establish an exclusive list of coverable medical conditions; or
(2)  consider as a source of support to provide services assets legally owned or available to a child's household.
(c)  A child is not eligible to receive rehabilitation services unless:
(1)  the child is a resident of this state;
(2)  at least one physician or dentist certifies to the department that the physician or dentist has examined the child and finds the child to be a child with special health care needs whose disability meets the medical criteria established by the executive commissioner;
(3)  the department determines that the persons who have any legal obligation to provide services for the child are unable to pay for the entire cost of the services;
(4)  the child has a family income that is less than or equal to 200 percent of the federal poverty level; and
(5)  the child meets all other eligibility criteria established by department rules.
(d)  A child is not eligible to receive services, other than rehabilitation services, unless the child:
(1)  is a resident of this state; and
(2)  meets all other eligibility criteria established by department rules.
(e)  Notwithstanding Subsection (c)(4), a child with special health care needs who has a family income that is greater than 200 percent of the federal poverty level and who meets all other eligibility criteria established by this section and by department rules is eligible for services if the department determines that the child's family is or will be responsible for medical expenses that are equal to or greater than the amount by which the family's income exceeds 200 percent of the federal poverty level.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 3.06, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0115, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.006. Denial, Modification, Suspension, or Termination of Services

Sec. 35.006.  DENIAL, MODIFICATION, SUSPENSION, OR TERMINATION OF SERVICES.  (a)  The executive commissioner shall adopt substantive and procedural rules for the denial of applications and the modification, suspension, or termination of services.
(b)  The department may deny services to an applicant and modify, suspend, or terminate services to a recipient after:
(1)  notice to the child or the person who is legally obligated to support the child;
(2)  a preliminary program review;  and
(3)  an opportunity for a fair hearing.
(c)  The executive commissioner by rule shall provide criteria for action by the department under this section.
(d)  The department shall conduct hearings under this section in accordance with the department's due process hearing rules.  Chapter 2001, Government Code, does not apply to the granting, denial, modification, suspension, or termination of services.
(e)  This section does not apply if the department restricts services to conform to budgetary limitations that require the executive commissioner to adopt service priorities regarding types of services to be provided.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(66), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0116, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.0061. Referral for Behavioral or Emotional Conditions

Sec. 35.0061.  REFERRAL FOR BEHAVIORAL OR EMOTIONAL CONDITIONS.  If a child with special health care needs who is eligible for services under this chapter has a behavioral or emotional condition and the child is eligible for services from another provider of services that would address the behavioral or emotional condition, the department shall refer the child to that provider for those services.
Added by Acts 1999, 76th Leg., ch. 1505, Sec. 3.07, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.007. Financial Eligibility; Other Benefits

Sec. 35.007.  FINANCIAL ELIGIBILITY;  OTHER BENEFITS.  (a)  The department shall require a child receiving services, or the person who has a legal obligation to support the child, to pay for or reimburse the department for that part of the cost of the services that the child or person is financially able to pay.
(b)  A child is not eligible to receive services under this chapter to the extent that the child or a person with a legal obligation to support the child is eligible for some other benefit that would pay for all or part of the services.  The executive commissioner may waive this subsection if its enforcement will deny services to a class of children because of conflicting state and federal laws or rules and regulations.
(c)  When the application is made under this chapter or at any time before, during, or after the receipt of services, an applicant for or recipient of services shall inform the department of any other benefit to which the child or any person who has a legal obligation to support the child may be entitled.
(d)  A child who has received services that are covered by some other benefit, or any other person with a legal obligation to support the child, shall reimburse the department to the extent of the services provided when the other benefit is received.
(e)  The department may collect the cost of services provided under this chapter directly:
(1)  in accordance with Title XVIII, Title XIX, or Title XXI of the Social Security Act (42 U.S.C. Sec. 1395 et seq., 42 U.S.C. Sec. 1396 et seq., and 42 U.S.C. Sec. 1397aa et seq.), as amended;  or
(2)  from any personal insurance, a health maintenance organization, or any other third party who has a legal obligation to pay other benefits.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 3.08, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0117, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.008. Recovery of Costs

Sec. 35.008.  RECOVERY OF COSTS.  (a)  The department may recover the cost of services provided under this chapter from a person who does not pay or reimburse the department as required by Section 35.007 or from any third party who has a legal obligation to pay other benefits.
(b)  This section creates a separate cause of action, and the department may request the attorney general to bring suit in the appropriate court of Travis County on behalf of the department.
(c)  In a judgment in favor of the department, the court may award attorney's fees, court costs, and interest accruing from the date on which the department provides the service to the date on which the department is reimbursed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0118, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.009. Fees

Sec. 35.009.  FEES.  The executive commissioner by rule may adopt reasonable procedures and standards for the determination of fees and charges for program services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0119, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.010. Funding

Sec. 35.010.  FUNDING.  The department may receive and spend:
(1)  gifts made for the purposes of this chapter;  and
(2)  funds appropriated or granted by the state or federal government to provide services for children.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.011. Contracts

Sec. 35.011.  CONTRACTS.  The department may enter into contracts and agreements necessary to carry out this chapter, including interagency agreements to provide for the efficient and uninterrupted provision of necessary services to children who are eligible to receive services from two or more public programs.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.012. Records

Sec. 35.012.  RECORDS.  (a)  The department may take a census, make surveys, and establish permanent records of children with special health care needs.
(b)  The department shall maintain a record of orthotic and prosthetic devices, durable medical equipment, and medical supplies purchased by the department for children with special health care needs.  Those items are not state-owned personal property and are exempt from the personal property inventory requirements of Subtitle D, Title 10, Government Code.
(c)  The purchase of the items described by Subsection (b) is subject to audit by the state auditor in accordance with Chapter 321, Government Code.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 11, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 165, Sec. 17.19(4), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1505, Sec. 3.09, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.013. Limitations on Authority

Sec. 35.013.  LIMITATIONS ON AUTHORITY.  (a)  This chapter does not limit the authority of a parent, managing conservator, or guardian over a minor.
(b)  This chapter does not entitle an employee, agent, or representative of the department or other official agent to enter a home over the objection of a child or, if the child is a minor, over the objection of the child's parent, managing conservator, or guardian.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.001. Short Title

Sec. 36.001.  SHORT TITLE.  This chapter may be cited as the Special Senses and Communication Disorders Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.002. Purpose

Sec. 36.002.  PURPOSE.  (a)  The purpose of this chapter is to establish a program to identify, at as early an age as possible, those individuals from birth through 20 years of age who have special senses and communication disorders and who need remedial vision, hearing, speech, and language services.  Early detection and remediation of those disorders provide the individuals with the opportunity to reach academic and social status through adequate educational planning and training.
(b)  This chapter shall be implemented in accordance with the provisions of professional license laws that pertain to professional examinations and remedial services for individuals with special senses and communication disorders.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.003. Definitions

Sec. 36.003.  DEFINITIONS.  In this chapter:
(1)  "Communication disorder" means an abnormality of functioning related to the ability to express and receive ideas.
(1-a)  "Electronic eye chart" means any computerized or other electronic system, device, or method of displaying on an electronic screen medically accepted and properly sized optotypes, which may be letters, numbers, or symbols, a health care practitioner or other person uses to assess an individual's visual acuity.  The term does not include an automated computer program that assesses an individual's visual acuity through the individual's interaction with the program by playing a game.
(2)  "Other benefit" means a benefit, other than a benefit under this chapter, to which an individual is entitled for payment of the costs of remedial services, and includes:
(A)  benefits received under a personal insurance contract;
(B)  payments received from another person for personal injury caused by the other person's negligence or wrongdoing;  and
(C)  payments received from any other source.
(3)  "Preschool" means an educational or child-care institution that admits children who are three years of age or older but younger than five years of age.
(4)  "Professional examination" means a diagnostic evaluation performed by an appropriately licensed professional or, if the professional is not required to be licensed under the laws of this state, by a certified or sanctioned individual whose area of expertise addresses the diagnostic needs of an individual identified as having a possible special senses or communication disorder.
(5)  "Provider" means a person who provides remedial services to individuals who have special senses and communication disorders, and includes a physician, audiologist, speech pathologist, optometrist, psychologist, hospital, clinic, rehabilitation center, university, or medical school.
(6)  "Remedial services" means professional examinations and prescribed remediation, including prosthetic devices, for individuals with special senses or communication disorders.
(7)  "School" means an educational institution that admits children who are five years of age or older but younger than 21 years of age.
(8)  "Screening" means a test or battery of tests administered to rapidly determine the need for a professional examination.
(9)  "Special senses" means the faculties by which the conditions or properties of things are perceived, and includes vision and hearing.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 313 (H.B. 1297), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.004. Screening Program for Special Senses and Communication Disorders

Sec. 36.004.  SCREENING PROGRAM FOR SPECIAL SENSES AND COMMUNICATION DISORDERS.  (a)  The executive commissioner by rule shall require screening of individuals who attend public or private preschools or schools to detect vision and hearing disorders and any other special senses or communication disorders specified by the executive commissioner.  In developing the rules, the executive commissioner may consider the number of individuals to be screened and the availability of:
(1)  personnel qualified to administer the required screening;
(2)  appropriate screening equipment; and
(3)  state and local funds for screening activities.
(b)  The rules must include procedures necessary to administer screening activities.
(b-1)  The rules must allow an individual who attends a public or private school to be screened:
(1)  using photoscreening to detect vision disorders; and
(2)  using an electronic eye chart as a substitute for a printed eye chart to assess visual acuity.
(c)  The executive commissioner shall adopt a schedule for implementing the screening requirements and shall give priority to the age groups that may derive the greatest educational and social benefits from early identification of special senses and communication disorders.
(d)  The rules must provide for acceptance of results of screening conducted by a licensed professional, regardless of whether that professional is under contract with the department, if:
(1)  the professional's legally defined scope of practice includes the area for which the screening is conducted;  and
(2)  the professional uses acceptable procedures for the screening.
(e)  The department may coordinate the special senses and communication disorders screening activities of school districts, private schools, state agencies, volunteer organizations, and other entities so that the efforts of each entity are complementary and not fragmented and duplicative.  The department may provide technical assistance to those entities in developing screening programs and may provide educational and other material to assist local screening activities.
(f)  The department may provide screening personnel, equipment, and services only if the screening requirements cannot otherwise be met.
(g)  The department shall monitor the quality of screening activities provided under this chapter.
(h)  This section does not prohibit a volunteer from participating in the department's screening programs.
(i)  A hearing screening performed under this section is in addition to any hearing screening test performed under Chapter 47.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1347, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0120, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 363 (H.B. 3157), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 313 (H.B. 1297), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.005. Compliance With Screening Requirements

Sec. 36.005.  COMPLIANCE WITH SCREENING REQUIREMENTS.  (a)  An individual required to be screened shall undergo approved screening for vision and hearing disorders and any other special senses and communication disorders specified by the executive commissioner.  The individual shall comply with the requirements as soon as possible after the individual's admission to a preschool or school and within the period set by the executive commissioner.  The individual or, if the individual is a minor, the minor's parent, managing conservator, or guardian, may substitute professional examinations for the screening.
(b)  An individual is exempt from screening if screening conflicts with the tenets and practices of a recognized church or religious denomination of which the individual is an adherent or a member.  To qualify for the exemption, the individual or, if the individual is a minor, the minor's parent, managing conservator, or guardian, must submit to the admitting officer of the preschool or school on or before the day of admission an affidavit stating the objections to screening.
(c)  The chief administrator of each preschool or school shall ensure that each individual admitted to the preschool or school complies with the screening requirements set by the executive commissioner or submits an affidavit of exemption.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0121, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.006. Records; Reports

Sec. 36.006.  RECORDS;  REPORTS.  (a)  The chief administrator of each preschool or school shall maintain, on a form prescribed by the department in accordance with department rules, screening records for each individual in attendance, and the records are open for inspection by the department or the local health department.
(b)  The department may, directly or through local health departments, enter a preschool or school and inspect records maintained by the preschool or school relating to screening for special senses and communication disorders.
(c)  An individual's screening records may be transferred among preschools and schools without the consent of the individual or, if the individual is a minor, the minor's parent, managing conservator, or guardian.
(d)  Each preschool or school shall submit to the department an annual report on the screening status of the individuals in attendance during the reporting year and shall include in the report any other information required by the executive commissioner.  The report must be on a form prescribed by the department in accordance with department rules and must be submitted according to the rules.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0122, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.007. Provision of Remedial Services

Sec. 36.007.  PROVISION OF REMEDIAL SERVICES.  (a)  The department may provide remedial services directly or through approved providers to eligible individuals who have certain special senses and communication disorders and who are not eligible for special education services that remediate those disorders and that are administered by the Texas Education Agency through the public schools.
(b)  The executive commissioner by rule shall:
(1)  describe the type, amount, and duration of remedial services that the department provides;
(2)  establish medical, financial, and other criteria to be applied by the department in determining an individual's eligibility for the services;
(3)  establish criteria for the selection by the department of providers of remedial services; and
(4)  establish procedures necessary to provide remedial services.
(c)  The executive commissioner may establish a schedule to determine financial eligibility.
(d)  The department may not require remedial services without the consent of the individual or, if the individual is a minor, the minor's parent, managing conservator, or guardian.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.34, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0123, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.008. Individuals Eligible for Remedial Services

Sec. 36.008.  INDIVIDUALS ELIGIBLE FOR REMEDIAL SERVICES.  (a)  An individual is not eligible to receive the remedial services authorized by this chapter to the extent that the individual or the parent, managing conservator, or other person with a legal obligation to support the individual is eligible for some other benefit that would pay for all or part of the services.
(b)  The department may waive ineligibility under Subsection (a) if the department finds that:
(1)  good cause for the waiver is shown;  and
(2)  enforcement of the requirement would tend to defeat the purpose of this chapter or disrupt the administration or prevent the provision of remedial services to an otherwise eligible recipient.
(c)  When an application for remedial services is filed or at any time that an individual is eligible for and receiving remedial services, the applicant or recipient shall inform the department of any other benefit to which the applicant, recipient, or person with a legal obligation to support the applicant or recipient may be entitled.
(d)  The department may modify, suspend, or terminate the eligibility of an applicant for or recipient of remedial services after notice to the affected individual and an opportunity for a fair hearing that is conducted in accordance with the department's informal hearing rules.
(e)  The executive commissioner by rule shall provide criteria for actions taken under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0124, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.009. Reimbursement

Sec. 36.009.  REIMBURSEMENT.  (a)  The executive commissioner may require an individual or, if the individual is a minor, the minor's parent, managing conservator, or guardian, to pay or reimburse the department for a part of the cost of the remedial services provided.
(b)  The recipient or the parent, managing conservator, or other person with a legal obligation to support an individual who has received remedial services from the department that are covered by some other benefit shall, when the other benefit is received, reimburse the department for the cost of services provided.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0125, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.010. Recovery of Costs

Sec. 36.010.  RECOVERY OF COSTS.  (a)  The department is entitled to recover an expenditure for services provided under this chapter from:
(1)  a person who does not reimburse the department as required by this chapter;  or
(2)  a third party with a legal obligation to pay other benefits and who has notice of the department's interests in the other benefits.
(b)  The commissioner may request the attorney general to bring suit in the appropriate court of Travis County on behalf of the department. A suit brought under this section need not be ancillary or dependent on any other action.
(c)  In a judgment in favor of the department, the court may award attorney's fees, court costs, and interest accruing from the date on which the department provides the service to the date on which the department is reimbursed.
(d)  The executive commissioner by rule shall provide criteria for actions taken under this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0126, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.011. Qualifications of Persons Providing Screening and Remedial Services

Sec. 36.011.  QUALIFICATIONS OF PERSONS PROVIDING SCREENING AND REMEDIAL SERVICES.  (a)  The department in accordance with department rules may require that persons who administer special senses and communication disorders screening complete an approved training program, and the department may train those persons and approve training programs.
(b)  A person who provides speech and language screening services authorized by this chapter must be:
(1)  appropriately licensed;  or
(2)  trained and monitored by a person who is appropriately licensed.
(c)  A person who is not an appropriately licensed professional may not conduct hearing screening authorized by this chapter other than screening of hearing sensitivity.  The person shall refer an individual who is unable to respond reliably to that screening to an appropriately licensed professional.
(d)  A person who provides a professional examination or remedial services authorized by this chapter for speech, language, or hearing disorders must be appropriately licensed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0127, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.012. Research

Sec. 36.012.  RESEARCH.  (a)  The department may conduct research and compile statistics on the provision of remedial services to individuals with special senses and communication disorders and on the availability of those services in the state.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(80), eff. June 17, 2011.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 7, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1050 (S.B. 71), Sec. 22(2), eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(80), eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.013. Funding

Sec. 36.013.  FUNDING.  The department may accept appropriations, donations, and reimbursements, including donations of prosthetic devices, and may apply those items to the purposes of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 36 - Special Senses and Communication Disorders › Section 36.014. Contracts

Sec. 36.014.  CONTRACTS.  The department may enter into contracts and agreements necessary to administer this chapter, including contracts for the purchase of remedial services.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 37 - Abnormal Spinal Curvature in Children › Section 37.001. Screening Program for Abnormal Spinal Curvature

Sec. 37.001.  SCREENING PROGRAM FOR ABNORMAL SPINAL CURVATURE.  (a)  The department, in cooperation with the Texas Education Agency, shall establish a program to detect abnormal spinal curvature in children.
(b)  The executive commissioner, in cooperation with the Texas Education Agency, shall adopt rules for the mandatory spinal screening of children attending public or private schools.  In adopting rules under this subsection, the executive commissioner shall consider the most recent nationally accepted and peer-reviewed scientific research in determining the appropriate ages for conducting the spinal screening. The department shall coordinate the spinal screening program with any other screening program conducted by the department on those children.
(b-1)  The executive commissioner, in cooperation with the Texas Education Agency, by rule shall develop a process to notify a parent, managing conservator, or guardian of:
(1)  the screening requirement;
(2)  the purposes of and reasons for the screening requirement, including prevention of painful scoliosis correction surgery and medical risks to the child if screening is declined;
(3)  the noninvasive nature of the method used to conduct the screening; and
(4)  the method for declining to comply with the screening requirement through the use of an exemption described by Section 37.002(b).
(c)  The executive commissioner shall adopt substantive and procedural rules necessary to administer screening activities.
(d)  A rule adopted by the executive commissioner under this chapter may not require any expenditure by a school, other than an incidental expense required for certification training for nonhealth practitioners and for notification requirements under Section 37.003.
(e)  The department may coordinate the spinal screening activities of school districts, private schools, state agencies, volunteer organizations, and other entities so that the efforts of each entity are complementary and not duplicative.  The department may provide technical assistance to those entities in developing screening programs and may provide educational and other material to assist local screening activities.
(f)  The department shall monitor the quality of screening activities provided under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.36, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0128, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 336 (H.B. 1076), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 37 - Abnormal Spinal Curvature in Children › Section 37.002. Compliance With Screening Requirements

Sec. 37.002.  COMPLIANCE WITH SCREENING REQUIREMENTS.  (a)  Each individual required by a department rule to be screened shall undergo approved screening for abnormal spinal curvature.  The individual's parent, managing conservator, or guardian may substitute professional examinations for the screening.
(b)  An individual is exempt from screening if screening conflicts with the tenets and practices of a recognized church or religious denomination of which the individual is an adherent or a member.  To qualify for the exemption, the individual's parent, managing conservator, or guardian must submit to the chief administrator on or before the day of the screening procedure an affidavit stating the objections to screening.
(c)  The chief administrator of each school shall ensure that each individual admitted to the school complies with the screening requirements set by the executive commissioner or submits an affidavit of exemption.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0129, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 37 - Abnormal Spinal Curvature in Children › Section 37.003. Reports

Sec. 37.003.  REPORTS.  (a)  If the screening performed under this chapter indicates that an individual may have abnormal spinal curvature, the individual performing the screening shall fill out a report on a form prescribed by the department.
(b)  The chief administrator of the school shall retain one copy of the report and shall mail one copy to the parent, managing conservator, or guardian of the individual screened.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 37 - Abnormal Spinal Curvature in Children › Section 37.004. Qualifications of Persons Providing Screening

Sec. 37.004.  QUALIFICATIONS OF PERSONS PROVIDING SCREENING.  (a)  The department may train persons who administer the spinal screening procedure and may approve training programs.
(b)  A person who provides screening services authorized by this chapter must be:
(1)  appropriately licensed or certified as a health practitioner;  or
(2)  certified as having completed an approved training program in screening for abnormal spinal curvature.
(c)  A person who provides a professional examination authorized by this chapter for abnormal spinal curvature must be appropriately licensed or certified as a health practitioner.
(d)  It is the intent of the legislature that the department provide certification training for nonhealth practitioners through Texas Education Agency regional education service centers.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.37, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 37 - Abnormal Spinal Curvature in Children › Section 37.005. Funding

Sec. 37.005.  FUNDING.  The department may accept appropriations, donations, and reimbursements and may apply those items to the purposes of this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 37 - Abnormal Spinal Curvature in Children › Section 37.006. Contracts

Sec. 37.006.  CONTRACTS.  The department may enter into contracts and agreements necessary to administer this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 40 - Epilepsy › Section 40.001. Definition

Sec. 40.001.  DEFINITION.  In this chapter, "epilepsy" means a variable symptom complex characterized by recurrent paroxysmal attacks of unconsciousness or impaired consciousness, usually with a succession of clonic or tonic muscular spasms or other abnormal behavior.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 40 - Epilepsy › Section 40.002. Epilepsy Program

Sec. 40.002.  EPILEPSY PROGRAM.   The department, with approval of the executive commissioner, may establish an epilepsy program to provide diagnostic services, treatment, and support services to eligible persons who have epilepsy.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0133, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 40 - Epilepsy › Section 40.003. Rules

Sec. 40.003.  RULES.  The executive commissioner may adopt rules the executive commissioner considers necessary to define the scope of the epilepsy program and the medical and financial standards for eligibility.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0134, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 40 - Epilepsy › Section 40.004. Administration

Sec. 40.004.  ADMINISTRATION.  (a)  The commissioner, with the approval of the executive commissioner, may appoint an administrator to carry out the epilepsy program.
(b)  The administrator shall report to and be under the direction of the commissioner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0135, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 40 - Epilepsy › Section 40.005. Fees

Sec. 40.005.  FEES.  Program patients may be charged a fee for services according to rules adopted by the executive commissioner.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0136, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 40 - Epilepsy › Section 40.006. Funding

Sec. 40.006.  FUNDING.  The department may seek, receive, and spend any funds received through appropriations, grants, or donations from public or private sources for the purposes of the epilepsy program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 40 - Epilepsy › Section 40.007. Contracts

Sec. 40.007.  CONTRACTS.  The department may enter into contracts or other agreements it considers necessary to facilitate the provision of services under this chapter, including contracts with other departments, agencies, boards, educational institutions, individuals, county governments, municipal governments, states, and the United States.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 41 - Hemophilia › Section 41.001. Definitions

Sec. 41.001.  DEFINITIONS.  In this chapter:
(1)  "Hemophilia" means a human physical condition characterized by bleeding resulting from a genetically or hereditarily determined deficiency of a blood coagulation factor resulting in an abnormal or deficient plasma procoagulant.
(2)  "Other benefit" means a benefit, other than a benefit under this chapter, to which a person is entitled for payment of the costs of blood factor replacement products and other substances provided under this chapter, including benefits available from:
(A)  an insurance policy, group health plan, or prepaid medical or dental care plan;
(B)  Title XVIII or Title XIX of the Social Security Act (42 U.S.C. Sec. 1395 et seq. or 42 U.S.C. Sec. 1396 et seq.);
(C)  the United States Department of Veterans Affairs;
(D)  the TRICARE program of the United States Department of Defense;
(E)  workers' compensation or any compulsory employers' insurance program;
(F)  a public program created by federal law, state law, or the ordinances or rules of a municipality or political subdivision of the state, excluding benefits created by the establishment of a municipal or county hospital, a joint municipal-county hospital, a county hospital authority, a hospital district, or the facilities of a publicly supported medical school;  or
(G)  a cause of action for medical or dental expenses to a person applying for or receiving services from the department, or a settlement or judgment based on the cause of action, if the expenses are related to the need for services provided under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0137, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 41 - Hemophilia › Section 41.002. Hemophilia Assistance Program

Sec. 41.002.  HEMOPHILIA ASSISTANCE PROGRAM.  (a)  The hemophilia assistance program is in the department to assist persons who have hemophilia and who require continuing treatment with blood factor replacement products, but who are unable to pay the entire cost of the treatment.
(b)  The executive commissioner shall establish standards of eligibility for assistance under this chapter in accordance with Section 41.004.
(c)  The department shall provide, through approved providers, financial assistance for medically eligible persons in obtaining blood factor replacement products and other substances for use in medical or dental facilities or in the home.
(d)  In addition to providing financial assistance under Subsection (c), the department may assist an eligible person in obtaining insurance by providing premium payment assistance.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0138, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 704 (H.B. 1038), Sec. 1, eff. June 17, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 41 - Hemophilia › Section 41.003. Administration

Sec. 41.003.  ADMINISTRATION.  (a)  The commissioner may employ or appoint an administrator who shall carry out the hemophilia assistance program and report to the commissioner.
(b)  The administrator may employ two persons to help carry out the program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 41 - Hemophilia › Section 41.004. Financial Eligibility

Sec. 41.004.  FINANCIAL ELIGIBILITY.  (a)  A person is not eligible to receive services provided by this chapter:
(1)  to the extent that another person with a legal obligation to provide for the person's care and treatment is financially able to pay for all or part of the services provided by this chapter;  or
(2)  to the extent that the person or a person with a legal obligation to support the person is eligible for some other benefit that would pay for all or part of the services provided by this chapter.
(b)  When the application is made under this chapter or when the services are received, the person applying for or receiving services shall inform the department of any other benefit to which the person or any other person with a legal obligation to support the person may be entitled.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 41 - Hemophilia › Section 41.005. Reimbursement

Sec. 41.005.  REIMBURSEMENT.  (a)  The department shall require a person receiving services under this chapter who is financially able to bear part of the expense, or a person who has a legal obligation to provide for the person's care and treatment and who is financially able to bear part of the expense, to pay for or reimburse the department for that part of the cost of the services provided to the person by the department.
(b)  A person who has received services that are covered by some other benefit, or any other person with a legal obligation to support that person, shall reimburse the department to the extent of the services provided when the other benefit is received.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 41 - Hemophilia › Section 41.006. Recovery of Costs

Sec. 41.006.  RECOVERY OF COSTS.  (a)  The department may recover the cost of services provided under this chapter from a person who does not reimburse the department as required by Section 41.005 or from any third party who has a legal obligation to pay other benefits and to whom notice of the department's interest has been given.
(b)  At the request of the commissioner, the attorney general may bring suit in the appropriate court of Travis County on behalf of the department.
(c)  In a judgment in favor of the department, the court may award attorney's fees, court costs, and interest accruing from the date on which the department provides the service to the date on which the department is reimbursed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 41 - Hemophilia › Section 41.007. Funding

Sec. 41.007.  FUNDING.  (a)  The department may accept gifts and grants from individuals, private or public organizations, or federal or local funds to support the hemophilia assistance program.
(b)  The department shall identify any potential sources of funding from federal grants or programs.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0139, eff. April 2, 2015.