reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.009. Personnel

Text of section effective until April 01, 2025
Sec. 531.009.  PERSONNEL.  (a)  The executive commissioner shall employ a medical director to provide medical expertise to the executive commissioner and the commission and may employ other personnel necessary to administer the commission's duties.
(b)  The executive commissioner shall develop an intra-agency career ladder program, one part of which must require the intra-agency posting of all non-entry-level positions concurrently with any public posting.
(c)  The executive commissioner shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay for commission employees must be based on the system established under this subsection.
(d)  The executive commissioner shall provide to commission employees as often as is necessary information regarding their qualifications under this chapter and their responsibilities under applicable laws relating to standards of conduct for state employees.
(e)  The executive commissioner shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.
(f)  The policy statement described by Subsection (e) must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the commission to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the commission's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(g)  The policy statement described by Subsection (e) must:
(1)  be updated annually;
(2)  be reviewed by the Texas Workforce Commission civil rights division for compliance with Subsection (f)(1); and
(3)  be filed with the governor's office.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 8.002(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 14.18, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1460, Sec. 1.02, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.015, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.010. Merit System

Text of section effective until April 01, 2025
Sec. 531.010.  MERIT SYSTEM.  (a)  The commission may establish a merit system for its employees.
(b)  The merit system may be maintained in conjunction with other state agencies that are required by federal law to operate under a merit system.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 8.002(a), eff. Sept. 1, 1995.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.011. Public Input Information and Complaints

Text of section effective until April 01, 2025
Sec. 531.011.  PUBLIC INPUT INFORMATION AND COMPLAINTS.  (a)  The commission shall develop and implement policies that provide the public a reasonable opportunity to appear before the commission and to speak on any issue under the commission's jurisdiction.
(b)  The commission shall develop and implement routine and ongoing mechanisms, in accessible formats, to:
(1)  receive consumer input;
(2)  involve consumers in planning, delivery, and evaluation of programs and services under the jurisdiction of the commission;  and
(3)  communicate to the public regarding the input received by the commission under this section and actions taken in response to that input.
(c)  The commission shall prepare information of public interest describing the functions of the commission and the commission's procedures by which complaints are filed with and resolved by the commission.  The commission shall make the information available to the public and appropriate state agencies.
(d)  The executive commissioner by rule shall establish methods by which the public, consumers, and service recipients can be notified of the mailing addresses and telephone numbers of appropriate agency personnel for the purpose of directing complaints to the commission.  The commission may provide for that notification:
(1)  on each registration form, application, or written contract for services of a person regulated by the commission;
(2)  on a sign prominently displayed in the place of business of each person regulated by the commission; or
(3)  in a bill for service provided by a person regulated by the commission.
(e)  The commission shall keep an information file about each complaint filed with the commission relating to:
(1)  a license holder or entity regulated by the commission;  or
(2)  a service delivered by the commission.
(f)  If a written complaint is filed with the commission relating to a license holder or entity regulated by the commission or a service delivered by the commission, the commission, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless notice would jeopardize an undercover investigation.
(g)  In addition to the information file maintained under Subsection (e), the commission shall maintain an information file on a complaint received by the commission relating to any matter or agency under the jurisdiction of the commission.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 8.002(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 14.02(a), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1460, Sec. 1.03, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.016, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.012. Advisory Committees

Text of section effective until April 01, 2025
Sec. 531.012.  ADVISORY COMMITTEES.
(a)  The executive commissioner shall establish and maintain advisory committees to consider issues and solicit public input across all major areas of the health and human services system which may be from various geographic areas across the state, which may be done either in person or through teleconferencing centers, including relating to the following issues:
(1)  Medicaid and other social services programs;
(2)  managed care under Medicaid and the child health plan program;
(3)  health care quality initiatives;
(4)  aging;
(5)  persons with disabilities, including persons with autism;
(6)  rehabilitation, including for persons with brain injuries;
(7)  children;
(8)  public health;
(9)  behavioral health;
(10)   regulatory matters;
(11)  protective services; and
(12)  prevention efforts.
(b)  Chapter 2110 applies to an advisory committee established under this section.
(c)  The executive commissioner shall adopt rules:
(1)  in compliance with Chapter 2110 to govern an advisory committee's purpose, tasks, reporting requirements, and date of abolition; and
(2)  related to an advisory committee's:
(A)  size and quorum requirements;
(B)  membership, including:
(i)  qualifications to be a member, including any experience requirements;
(ii)  required geographic representation;
(iii)  appointment procedures; and
(iv)  terms of members; and
(C)  duty to comply with the requirements for open meetings under Chapter 551.
Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.02
(d)  An advisory committee established under this section shall:
(1)  report any recommendations to the executive commissioner at a meeting of the Health and Human Services Commission Executive Council established under Section 531.0051; and
(2)  submit a written report to the legislature of any policy recommendations made to the executive commissioner under Subdivision (1).
Text of subsection as added by Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 2.02
(d)  An advisory committee established under this section shall:
(1)  report any recommendations to the executive commissioner; and
(2)  submit a written report to the legislature of any policy recommendations made to the executive commissioner under Subdivision (1).
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.017, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.02(a), eff. January 1, 2016.
Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 2.02(a), eff. January 1, 2016.
Reenacted by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 8.009, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.0121. Public Access to Advisory Committee Meetings

Text of section effective until April 01, 2025
Sec. 531.0121.  PUBLIC ACCESS TO ADVISORY COMMITTEE MEETINGS.  (a)  This section applies to an advisory committee established under Section 531.012.
(b)  The commission shall create a master calendar that includes all advisory committee meetings across the health and human services system.
(c)  The commission shall make available on the commission's Internet website:
(1)  the master calendar;
(2)  all meeting materials for an advisory committee meeting; and
(3)  streaming live video and audio of each advisory committee meeting.
(d)  The commission shall provide Internet access in each room used for a meeting that appears on the master calendar.
(e)  The commission shall ensure that advisory committee meetings are broadcast, are archived on the Internet website of the agency to which the advisory committee provides advice, and are subject to public notice requirements to the same extent and in the same manner that the broadcast, archiving, and notice of agency meetings are required under Section 531.0165.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 3.03, eff. January 1, 2016.
Added by Acts 2015, 84th Leg., R.S., Ch. 946 (S.B. 277), Sec. 2.03, eff. January 1, 2016.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 81 (H.B. 630), Sec. 1, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.013. Electronic Availability of Technical Assistance

Text of section effective until April 01, 2025
Sec. 531.013.  ELECTRONIC AVAILABILITY OF TECHNICAL ASSISTANCE.  (a)  Health and human services agencies shall, in conjunction with the Department of Information Resources, coordinate and enhance their existing Internet sites to provide technical assistance for human services providers.  The commission shall take the lead and ensure involvement of agencies with the greatest potential for cost savings.
(b)  Assistance under this section may include information in the following subjects:
(1)  case management;
(2)  contract management;
(3)  financial management;
(4)  performance measurement and evaluation;
(5)  research;  and
(6)  other matters the commission considers appropriate.
(c)  Assistance under this section must include information on the impact of federal and state welfare reform changes on human services providers.
(d)  Assistance under this section may not include any confidential information regarding a client of a human services provider.
(e)  Expired.
Added by Acts 1997, 75th Leg., ch. 147, Sec. 1, eff. Sept. 1, 1997.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.014. Consolidation of Reports

Text of section effective until April 01, 2025
Sec. 531.014.  CONSOLIDATION OF REPORTS.  The commission may consolidate any annual or biennial reports required to be made under this chapter or another law if:
(1)  the consolidated report is submitted not later than the earliest deadline for the submission of any component of the consolidated report;  and
(2)  each person required to receive a component of the consolidated report receives the consolidated report and the consolidated report identifies the component of the report the person was required to receive.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 1.04, eff. Sept. 1, 1999.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.0141. Application Requirement for Colonias Projects

Text of section effective until April 01, 2025
Sec. 531.0141.  APPLICATION REQUIREMENT FOR COLONIAS PROJECTS.  (a)  In this section, "colonia" means a geographic area that:
(1)  is an economically distressed area as defined by Section 17.921, Water Code;
(2)  is located in a county any part of which is within 62 miles of an international border; and
(3)  consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood.
(b)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
(d)  Regarding any projects funded by the commission that provide assistance to colonias, the commission shall require an applicant for the funds to submit to the commission a colonia classification number, if one exists, for each colonia that may be served by the project proposed in the application.  If a colonia does not have a classification number, the commission may contact the secretary of state or the secretary of state's representative to obtain the classification number.  On request of the commission, the secretary of state or the secretary of state's representative shall assign a classification number to the colonia.
Added by Acts 2007, 80th Leg., R.S., Ch. 341 (S.B. 99), Sec. 3, eff. June 15, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.05, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 2.06, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.015. New Facilities in Certain Counties

Text of section effective until April 01, 2025
Sec. 531.015.  NEW FACILITIES IN CERTAIN COUNTIES.  A health and human services agency is prohibited from establishing a new facility in a county with a population of less than 200,000 until the agency provides notification about the facility, its location, and its purpose to each state representative and state senator that represents all or part of the county, the county judge that represents the county, and the mayor of any municipality in which the facility would be located.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 1.05, eff. Sept. 1, 1999.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.0161. Negotiated Rulemaking and Alternative Dispute Procedures

Text of section effective until April 01, 2025
Sec. 531.0161.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE PROCEDURES.  (a)  The commission shall develop and implement a policy, for the commission and each health and human services agency, to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of rules for the commission and each agency;  and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the commission's or agency's jurisdiction.
(b)  The procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall:
(1)  coordinate the implementation of the policy developed under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.06, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.04, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.0163. Memorandum of Understanding

Text of section effective until April 01, 2025
Sec. 531.0163.  MEMORANDUM OF UNDERSTANDING.  (a)  The memorandum of understanding under Section 531.0055(k) must be adopted by the executive commissioner by rule in accordance with the procedures prescribed by Subchapter B, Chapter 2001, for adopting rules, except that the requirements of Section 2001.033(a)(1)(A) or (C) do not apply with respect to any part of the memorandum of understanding that:
(1)  concerns only internal management or organization within or among health and human services agencies and does not affect private rights or procedures;  or
(2)  relates solely to the internal personnel practices of health and human services agencies.
(b)  The memorandum of understanding may be amended only by following the procedures prescribed under Subsection (a).
Added by Acts 2003, 78th Leg., ch. 198, Sec. 1.06, eff. Sept. 1, 2003.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.0164. Health and Human Services System Internet Website Coordination

Text of section effective until April 01, 2025
Sec. 531.0164.  HEALTH AND HUMAN SERVICES SYSTEM INTERNET WEBSITE COORDINATION.  The commission shall establish a process to ensure Internet websites across the health and human services system are developed and maintained according to standard criteria for uniformity, efficiency, and technical capabilities.  Under the process, the commission shall:
(1)  develop and maintain an inventory of all health and human services system Internet websites;
(2)  on an ongoing basis, evaluate the inventory maintained under Subdivision (1) to:
(A)  determine whether any of the Internet websites should be consolidated to improve public access to those websites' content; and
(B)  ensure the Internet websites comply with the standard criteria; and
(3)  if appropriate, consolidate the websites identified under Subdivision (2)(A).
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.05(a), eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.0165. Internet Broadcast and Archive of Open Meetings

Text of section effective until April 01, 2025
Sec. 531.0165.  INTERNET BROADCAST AND ARCHIVE OF OPEN MEETINGS.  (a)  In this section, "agency" means the commission or a health and human services agency.
(b)  Each agency shall:
(1)  broadcast over the Internet live video and audio of each open meeting of the agency;
(2)  make a video and audio recording of reasonable quality of the broadcast; and
(3)  provide access to the archived video and audio on the agency's Internet website.
(c)  Not later than the seventh day after the date an open meeting is broadcast under this section, the agency shall make available through the agency's Internet website archived video and audio of the open meeting.  The agency shall maintain the archived video and audio of the open meeting on the agency's Internet website for not less than two years after the date the archived video and audio was first made available on the website.
(d)  Each agency shall provide on the agency's Internet website the same notice of the open meeting that the agency is required to post under Subchapter C, Chapter 551.  The notice must be posted on the agency's Internet website within the time required for posting notice under Subchapter C, Chapter 551.
(e)  Each agency may use for an Internet broadcast of an open meeting of the agency a room made available to the agency on request in any state building, as that term is defined by Section 2165.301.
(f)  Each agency is exempt from the requirements of this section to the extent a catastrophe, as defined by Section 551.0411, or a technical breakdown prevents the agency from complying with this section.  Following the catastrophe or technical breakdown, the agency shall make all reasonable efforts to make the required video and audio of the open meeting available in a timely manner.
(g)  The commission shall consider contracting through competitive bidding with a private individual or entity to broadcast and archive an open meeting subject to this section to minimize the cost of complying with this section.
(h)  The requirements of this section also apply to the meetings of any advisory body that advises the executive commissioner or an agency.  The archived video and audio of an advisory body's meeting must be made available through the Internet website of the agency to which the advisory body provides advice.
Added by Acts 2017, 85th Leg., R.S., Ch. 81 (H.B. 630), Sec. 2, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.017. Purchasing Unit

Text of section effective until April 01, 2025
Sec. 531.017.  PURCHASING UNIT.  (a)  The commission shall establish a purchasing unit for the management of administrative activities related to the purchasing functions within the health and human services system.
(b)  The purchasing unit shall:
(1)  seek to achieve targeted cost reductions, increase process efficiencies, improve technological support and customer services, and enhance purchasing support within the health and human services system; and
(2)  if cost-effective, contract with private entities to perform purchasing functions for the health and human services system.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.02(a), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.11, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.018. Certain Contracts for Health Care Purposes; Review by Attorney General

Text of section effective until April 01, 2025
Sec. 531.018.  CERTAIN CONTRACTS FOR HEALTH CARE PURPOSES; REVIEW BY ATTORNEY GENERAL.  (a)  This section applies to any contract with a contract amount of $250 million or more:
(1)  under which a person provides goods or services in connection with the provision of medical or health care services, coverage, or benefits; and
(2)  entered into by the person and:
(A)  the commission;
(B)  a health and human services agency; or
(C)  any other state agency under the jurisdiction of the commission.
(b)  Notwithstanding any other law, before a contract described by Subsection (a) may be entered into by the agency, a representative of the office of the attorney general shall review the form and terms of the contract and may make recommendations to the agency for changes to the contract if the attorney general determines that the office of the attorney general has sufficient subject matter expertise and resources available to provide this service.
(c)  An agency described by Subsection (a)(2) must notify the office of the attorney general at the time the agency initiates the planning phase of the contracting process.  A representative of the office of the attorney general or another attorney advising the agency under Subsection (d) may participate in negotiations or discussions with proposed contractors and may be physically present during those negotiations or discussions.
(d)  If the attorney general determines that the office of the attorney general does not have sufficient subject matter expertise or resources available to provide the services described by this section, the office of the attorney general may require the state agency to enter into an interagency agreement or to obtain outside legal services under Section 402.0212 for the provision of services described by this section.
(e)  The state agency shall provide to the office of the attorney general any information the office of the attorney general determines is necessary to administer this section.
Added by Acts 2005, 79th Leg., Ch. 1011 (H.B. 880), Sec. 1, eff. September 1, 2005.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.0192. Health and Human Services System Hotline and Call Center Coordination

Text of section effective until April 01, 2025
Sec. 531.0192.  HEALTH AND HUMAN SERVICES SYSTEM HOTLINE AND CALL CENTER COORDINATION.  (a)  The commission shall establish a process to ensure all health and human services system hotlines and call centers are necessary and appropriate.  Under the process, the commission shall:
(1)  develop criteria for use in assessing whether a hotline or call center serves an ongoing purpose;
(2)  develop and maintain an inventory of all system hotlines and call centers;
(3)  use the inventory and assessment criteria developed under this subsection to periodically consolidate hotlines and call centers along appropriate functional lines;
(4)  develop an approval process designed to ensure that a newly established hotline or call center, including the telephone system and contract terms for the hotline or call center, meets policies and standards established by the commission; and
(5)  develop policies and standards for hotlines and call centers that include both quality and quantity performance measures and benchmarks and may include:
(A)  client satisfaction with call resolution;
(B)  accuracy of information provided;
(C)  the percentage of received calls that are answered;
(D)  the amount of time a caller spends on hold; and
(E)  call abandonment rates.
(a-1)  In developing policies and standards under Subsection (a)(5), the commission may allow varied performance measures and benchmarks for a hotline or call center based on factors affecting the capacity of the hotline or call center, including factors such as staffing levels and funding.
(b)  In consolidating hotlines and call centers under Subsection (a)(3), the commission shall seek to maximize the use and effectiveness of the commission's 2-1-1 telephone number.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.07(a), eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter A. General Provisions; Organization of Commission › Section 531.020. Office of Community Access and Services

Text of section effective until April 01, 2025
Sec. 531.020.  OFFICE OF COMMUNITY ACCESS AND SERVICES.  The executive commissioner shall establish within the commission an office of community access and services.  The office is responsible for:
(1)  collaborating with community, state, and federal stakeholders to improve the elements of the health care system that are involved in the delivery of Medicaid services; and
(2)  sharing with Medicaid providers, including hospitals, any best practices, resources, or other information regarding improvements to the health care system.
Added by Acts 2005, 79th Leg., Ch. 349 (S.B. 1188), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.018, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(2), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.0211. Managed Care Medicaid Program: Rules; Education Programs

Text of section effective until April 01, 2025
Sec. 531.0211.  MANAGED CARE MEDICAID PROGRAM:  RULES;  EDUCATION PROGRAMS.  (a)  In adopting rules to implement a managed care Medicaid program, the executive commissioner shall establish guidelines for, and require managed care organizations to provide, education programs for providers and clients using a variety of techniques and mediums.
(b)  A provider education program must include information on:
(1)  Medicaid policies, procedures, eligibility standards, and benefits;
(2)  the specific problems and needs of Medicaid clients;  and
(3)  the rights and responsibilities of Medicaid clients under the bill of rights and the bill of responsibilities prescribed by Section 531.0212.
(c)  A client education program must present information in a manner that is easy to understand.  A program must include information on:
(1)  a client's rights and responsibilities under the bill of rights and the bill of responsibilities prescribed by Section 531.0212;
(2)  how to access health care services;
(3)  how to access complaint procedures and the client's right to bypass the managed care organization's internal complaint system and use the notice and appeal procedures otherwise required by Medicaid;
(4)  Medicaid policies, procedures, eligibility standards, and benefits;
(5)  the policies and procedures of the managed care organization; and
(6)  the importance of prevention, early intervention, and appropriate use of services.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 14.03(a), eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.020, eff. April 2, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.02111. Biennial Medicaid Financial Report

Text of section effective until April 01, 2025
Sec. 531.02111.  BIENNIAL MEDICAID FINANCIAL REPORT.  (a)  The commission shall prepare a biennial Medicaid financial report covering each state agency that operates any part of Medicaid and each component of Medicaid operated by those agencies.
(b)  The report must include:
(1)  for each state agency described by Subsection (a):
(A)  a description of each of the components of Medicaid operated by the agency; and
(B)  an accounting of all funds related to Medicaid received and disbursed by the agency during the period covered by the report, including:
(i)  the amount of any federal Medicaid funds allocated to the agency for the support of each of the Medicaid components operated by the agency;
(ii)  the amount of any funds appropriated by the legislature to the agency for each of those components; and
(iii)  the amount of Medicaid payments and related expenditures made by or in connection with each of those components; and
(2)  for each Medicaid component identified in the report:
(A)  the amount and source of funds or other revenue received by or made available to the agency for the component;
(B)  the amount spent on each type of service or benefit provided by or under the component;
(C)  the amount spent on component operations, including eligibility determination, claims processing, and case management; and
(D)  the amount spent on any other administrative costs.
(c)  The report must cover the three-year period ending on the last day of the previous fiscal year.
(d)  The commission may request from any appropriate state agency information necessary to complete the report.  Each agency shall cooperate with the commission in providing information for the report.
(e)  Not later than December 1 of each even-numbered year, the commission shall submit the report to the governor, the lieutenant governor, the speaker of the house of representatives, the presiding officer of each standing committee of the senate and house of representatives having jurisdiction over health and human services issues, and the state auditor.
Added by Acts 2001, 77th Leg., ch. 209, Sec. 1, eff. May 21, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.021, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.08(a), eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1203 (S.B. 1455), Sec. 7, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01(1), eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.02113. Optimization of Medicaid Financing

Text of section effective until April 01, 2025
Sec. 531.02113.  OPTIMIZATION OF MEDICAID FINANCING.  The commission shall ensure that the Medicaid finance system is optimized to:
(1)  maximize the state's receipt of federal funds;
(2)  create incentives for providers to use preventive care;
(3)  increase and retain providers in the system to maintain an adequate provider network;
(4)  more accurately reflect the costs borne by providers; and
(5)  encourage the improvement of the quality of care.
Added by Acts 2005, 79th Leg., Ch. 349 (S.B. 1188), Sec. 2(a), eff. September 1, 2005.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.021135. Commission's Authority to Retain Certain Money to Administer Certain Medicaid Programs; Report Required

Text of section effective until April 01, 2025
Sec. 531.021135.  COMMISSION'S AUTHORITY TO RETAIN CERTAIN MONEY TO ADMINISTER CERTAIN MEDICAID PROGRAMS; REPORT REQUIRED.  (a)  In this section, "directed payment program" means a delivery system and provider patient initiative implemented by this state under 42 C.F.R. Section 438.6(c).
(b)  This section applies only to money the commission receives from a source other than the general revenue fund to operate a waiver program established under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315) or a directed payment program or successor program as determined by the commission.
(c)  Subject to Subsection (e), the commission may retain from money to which this section applies an amount equal to the estimated costs necessary to administer the program for which the money is received, but not to exceed $8 million for a state fiscal year.
(d)  The commission shall spend money retained under this section to assist in paying the costs necessary to administer the program for which the money is received, except that the commission may not use the money to pay any type of administrative cost that, before June 1, 2019, was funded with general revenue.
(e)  If the commission determines that the commission needs additional money to administer a program described by Subsection (b), the commission may retain an additional amount with the approval of the governor and the Legislative Budget Board, but not to exceed a total retained amount equal to 0.25 percent of the total amount estimated to be received for the program.
(f)  The commission shall submit an annual report to the governor and the Legislative Budget Board that:
(1)  details the amount of money retained and spent by the commission under this section during the preceding state fiscal year, including a separate detail of any increase in the amount of money retained for a program under Subsection (e);
(2)  contains a transparent description of how the commission used the money described by Subdivision (1); and
(3)  assesses the extent to which the money retained by the commission under this section covered the estimated costs to administer the applicable program and states whether, based on that assessment, the commission adjusted or considered adjustments to the amount retained.
(g)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 680 (S.B. 2138), Sec. 1, eff. June 10, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.02114. Dental Director

Text of section effective until April 01, 2025
Sec. 531.02114.  DENTAL DIRECTOR.  The executive commissioner shall appoint for Medicaid a dental director who is a licensed dentist under Subtitle D, Title 3, Occupations Code, and rules adopted under that subtitle by the State Board of Dental Examiners.
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.09, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.02118. Streamlining Medicaid Provider Enrollment and Credentialing Processes

Text of section effective until April 01, 2025
Sec. 531.02118.  STREAMLINING MEDICAID PROVIDER ENROLLMENT AND CREDENTIALING PROCESSES.  (a)  The commission shall streamline provider enrollment and credentialing processes under Medicaid.
(b)  In streamlining the Medicaid provider enrollment process, the commission shall establish a centralized Internet portal through which providers may enroll in Medicaid.  The commission may use the Internet portal created under this subsection to create a single, consolidated Medicaid provider enrollment and credentialing process.
(c)  In streamlining the Medicaid provider credentialing process under this section, the commission may designate a centralized credentialing entity and may:
(1)  share information in the database established under Subchapter C, Chapter 32, Human Resources Code, with the centralized credentialing entity; and
(2)  require all managed care organizations contracting with the commission to provide health care services to Medicaid recipients under a managed care plan issued by the organization to use the centralized credentialing entity as a hub for the collection and sharing of information.
(d)  If cost-effective, the commission may contract with a third party to develop the single, consolidated Medicaid provider enrollment and credentialing process authorized under Subsection (b).
Added by Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.10(a), eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.021182. Use of National Provider Identifier Number

Text of section effective until April 01, 2025
Sec. 531.021182.  USE OF NATIONAL PROVIDER IDENTIFIER NUMBER.  (a)  In this section, "national provider identifier number" means the national provider identifier number required under Section 1128J(e), Social Security Act (42 U.S.C. Section 1320a-7k(e)).
(b)  The commission shall transition from using a state-issued provider identifier number to using only a national provider identifier number in accordance with this section.
(c)  The commission shall implement a Medicaid provider management and enrollment system and, following that implementation, use only a national provider identifier number to enroll a provider in Medicaid.
(d)  The commission shall implement a modernized claims processing system and, following that implementation, use only a national provider identifier number to process claims for and authorize Medicaid services.
Added by Acts 2019, 86th Leg., R.S., Ch. 1330 (H.B. 4533), Sec. 2, eff. September 1, 2019.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.02119. Discrimination Based on Immunization Status Prohibited

Sec. 531.02119.  DISCRIMINATION BASED ON IMMUNIZATION STATUS PROHIBITED.  (a)  A provider who participates in Medicaid or the child health plan program, including a provider participating in the provider network of a managed care organization that contracts with the commission to provide services under Medicaid or the child health plan program, may not refuse to provide health care services to a Medicaid recipient or child health plan program enrollee based solely on the recipient's or enrollee's refusal or failure to obtain a vaccine or immunization for a particular infectious or communicable disease.
(a-1)  Notwithstanding Subsection (a), a provider is not in violation of this section if the provider:
(1)  adopts a policy requiring some or all of the provider's patients, including patients who are Medicaid recipients or child health plan program enrollees, to be vaccinated or immunized against a particular infection or communicable disease to receive health care services from the provider; and
(2)  provides an exemption to the policy described by Subdivision (1) under which the provider accepts from a patient who is a Medicaid recipient or child health plan program enrollee an oral or written request for an exemption from each required vaccination or immunization based on:
(A)  a reason of conscience, including a sincerely held religious belief, observance, or practice, that is incompatible with the administration of the vaccination or immunization; or
(B)  a recognized medical condition for which the vaccination or immunization is contraindicated.
(b)  The commission may not provide any reimbursement under Medicaid or the child health plan program, as applicable, to a provider who violates this section unless and until the commission finds that the provider is in compliance with this section.
(c)  Subsection (b) applies only with respect to an individual physician.  The commission may not refuse to provide reimbursement to a provider who did not violate this section based on that provider's membership in a provider group or medical organization with an individual physician who violated this section.
(d)  This section does not apply to a provider who is a specialist in:
(1)  oncology; or
(2)  organ transplant services.
(e)  The executive commissioner shall adopt rules  necessary to implement this section, including rules establishing the right of a provider who is alleged to have violated this section to seek administrative and judicial review of the alleged violation.
Added by Acts 2023, 88th Leg., R.S., Ch. 656 (H.B. 44), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 531 - Health and Human Services Commission › Subchapter B. Powers and Duties › Section 531.021191. Medicaid Enrollment of Certain Eye Health Care Providers

Text of section effective until April 01, 2025
Sec. 531.021191.  MEDICAID ENROLLMENT OF CERTAIN EYE HEALTH CARE PROVIDERS.  (a)  This section applies only to:
(1)  an optometrist who is licensed by the Texas Optometry Board;
(2)  a therapeutic optometrist who is licensed by the Texas Optometry Board;
(3)  an ophthalmologist who is licensed by the Texas Medical Board; and
(4)  an institution of higher education that provides an accredited program for:
(A)  training as a Doctor of Optometry or an optometrist residency; or
(B)  training as an ophthalmologist or an ophthalmologist residency.
(b)  The commission may not prevent a provider to whom this section applies from enrolling as a Medicaid provider if the provider:
(1)  either:
(A)  joins an established practice of a health care provider or provider group that has a contract with a managed care organization to provide health care services to recipients under Chapter 533; or
(B)  is employed by or otherwise compensated for providing training at an institution of higher education described by Subsection (a)(4);
(2)  applies to be an enrolled provider under Medicaid;
(3)  if applicable, complies with the requirements of the contract between the provider or the provider's group and the applicable managed care organization; and
(4)  complies with all other applicable requirements related to being a Medicaid provider.
(c)  The commission may not prevent an institution of higher education from enrolling as a Medicaid provider if the institution:
(1)  has a contract with a managed care organization to provide health care services to recipients under Chapter 533;
(2)  applies to be an enrolled provider under Medicaid;
(3)  complies with the requirements of the contract between the provider and the applicable managed care organization; and
(4)  complies with all other applicable requirements related to being a Medicaid provider.
Added by Acts 2017, 85th Leg., R.S., Ch. 901 (H.B. 3675), Sec. 2, eff. September 1, 2017.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 3.01, eff. April 1, 2025.