reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter A. Internet Websites, Electronic Resources, and Other Technology › Section 526.0009. Technical Assistance for Human Services Providers

Text of section effective on April 01, 2025
Sec. 526.0009.  TECHNICAL ASSISTANCE FOR HUMAN SERVICES PROVIDERS.  (a)  A health and human services agency shall, in conjunction with the Department of Information Resources, coordinate and enhance the agency's existing Internet website to provide technical assistance for human services providers.  The commission shall take the lead and ensure involvement of the agencies with the greatest potential to produce cost savings.
(b)  Assistance provided under this section:
(1)  must include information on the impact of federal and state welfare reform changes on human services providers;
(2)  may include information in the following subjects:
(A)  case management;
(B)  contract management;
(C)  financial management;
(D)  performance measurement and evaluation;
(E)  research; and
(F)  other matters the commission considers appropriate; and
(3)  may not include any confidential information regarding a client of a human services provider.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter A. Internet Websites, Electronic Resources, and Other Technology › Section 526.0010. Information Resources Manager Reports

Text of section effective on April 01, 2025
Sec. 526.0010.  INFORMATION RESOURCES MANAGER REPORTS.  Notwithstanding Section 2054.075(b), the information resources manager of a health and human services agency shall report directly to the executive commissioner or a deputy executive commissioner the executive commissioner designates.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter B. Programs and Services Provided or Administered by Commission › Section 526.0051. Restrictions on Awards to Family Planning Service Providers

Text of section effective on April 01, 2025
Sec. 526.0051.  RESTRICTIONS ON AWARDS TO FAMILY PLANNING SERVICE PROVIDERS.  (a)  Notwithstanding any other law, money appropriated to the commission for the purpose of providing family planning services must be awarded:
(1)  to eligible entities in the following order of descending priority:
(A)  public entities that provide family planning services, including state, county, and local community health clinics and federally qualified health centers;
(B)  nonpublic entities that provide comprehensive primary and preventive care services in addition to family planning services; and
(C)  nonpublic entities that provide family planning services but do not provide comprehensive primary and preventive care services; or
(2)  as otherwise directed by the legislature in the General Appropriations Act.
(b)  Notwithstanding Subsection (a), the commission shall, in compliance with federal law, ensure distribution of funds for family planning services in a manner that does not severely limit or eliminate access to those services in any region of this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter B. Programs and Services Provided or Administered by Commission › Section 526.0052. Information for Certain Enrollees in Healthy Texas Women Program

Text of section effective on April 01, 2025
Sec. 526.0052.  INFORMATION FOR CERTAIN ENROLLEES IN HEALTHY TEXAS WOMEN PROGRAM.  (a)  In this section, "Healthy Texas Women program" means a program the commission operates that is substantially similar to the demonstration project operated under former Section 32.0248, Human Resources Code, and that is intended to expand access to preventive health and family planning services for women in this state.
(b)  This section applies to a woman who is automatically enrolled in the Healthy Texas Women program following a pregnancy for which the woman received Medicaid, but who is no longer eligible to participate in Medicaid.
(c)  After a woman to whom this section applies is enrolled in the Healthy Texas Women program, the commission shall provide to the woman:
(1)  information about the Healthy Texas Women program, including the services provided under the program; and
(2)  a list of health care providers who participate in the Healthy Texas Women program and are located in the same geographical area in which the woman resides.
(d)  The commission shall consult with the Texas Maternal Mortality and Morbidity Review Committee established under Chapter 34, Health and Safety Code, to improve the process for providing the information required by Subsection (c), including by determining:
(1)  the best time for providing the information; and
(2)  the manner of providing the information, including the information about health care providers described by Subsection (c)(2).
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter B. Programs and Services Provided or Administered by Commission › Section 526.0053. Vaccines for Children Program Provider Enrollment; Immunization Registry

Text of section effective on April 01, 2025
Sec. 526.0053.  VACCINES FOR CHILDREN PROGRAM PROVIDER ENROLLMENT; IMMUNIZATION REGISTRY.  (a)  In this section, "vaccines for children program" means the program the Department of State Health Services operates under 42 U.S.C. Section 1396s.
(b)  The commission shall ensure that a provider may enroll in the vaccines for children program on the same form the provider completes to apply as a Medicaid health care provider.
(c)  The commission shall allow providers to:
(1)  report vaccines administered under the vaccines for children program to the immunization registry established under Section 161.007, Health and Safety Code; and
(2)  use the immunization registry, including individually identifiable information in accordance with state and federal law, to determine whether a child received an immunization.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter B. Programs and Services Provided or Administered by Commission › Section 526.0054. Prior Authorization for High-Cost Medical Services and Procedures

Text of section effective on April 01, 2025
Sec. 526.0054.  PRIOR AUTHORIZATION FOR HIGH-COST MEDICAL SERVICES AND PROCEDURES.  (a)  The commission may:
(1)  evaluate and implement, as appropriate, procedures, policies, and methodologies to require prior authorization for high-cost medical services and procedures; and
(2)  contract with qualified service providers or organizations to perform those functions.
(b)  A procedure, policy, or methodology implemented under this section must comply with any prohibitions in state or federal law on limits in the amount, duration, or scope of medically necessary services for Medicaid recipients who are children.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter B. Programs and Services Provided or Administered by Commission › Section 526.0055. Tailored Benefit Packages for Non-Medicaid Populations

Text of section effective on April 01, 2025
Sec. 526.0055.  TAILORED BENEFIT PACKAGES FOR NON-MEDICAID POPULATIONS.  (a)  The commission shall identify state or federal non-Medicaid programs that provide health care services to individuals whose health care needs could be met by providing customized benefits through a system of care that is used under a Medicaid tailored benefit package implemented under Section 532.0351.
(b)  If the commission determines it is feasible and to the extent permitted by federal and state law, the commission shall:
(1)  provide the health care services for individuals described by Subsection (a) through the applicable Medicaid tailored benefit package; and
(2)  if appropriate or necessary to provide the services as required by Subdivision (1), develop and implement a system of blended funding methodologies to provide the services in that manner.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter B. Programs and Services Provided or Administered by Commission › Section 526.0056. Pilot Program to Prevent Spread of Infectious or Communicable Diseases

Text of section effective on April 01, 2025
Sec. 526.0056.  PILOT PROGRAM TO PREVENT SPREAD OF INFECTIOUS OR COMMUNICABLE DISEASES.  The commission may provide guidance to the local health authority of Bexar County in establishing a pilot program funded by the county to prevent the spread of HIV, hepatitis B, hepatitis C, and other infectious and communicable diseases. The program may include a disease control program that provides for the anonymous exchange of used hypodermic needles and syringes.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter B. Programs and Services Provided or Administered by Commission › Section 526.0057. Application Requirement for Colonias Projects

Text of section effective on April 01, 2025
Sec. 526.0057.  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 located in proximity to each other in an area that may be described as a community or neighborhood.
(b)  The commission shall require an applicant for funds under any project the commission funds that provides assistance to colonias to submit to the commission any existing colonia classification number for each colonia that may be served by the project proposed in the application.
(c)  The commission may contact the secretary of state or the secretary of state's representative to obtain a classification number for a colonia that does not have a 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 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter B. Programs and Services Provided or Administered by Commission › Section 526.0058. Rules Regarding Refugee Resettlement

Text of section effective on April 01, 2025
Sec. 526.0058.  RULES REGARDING REFUGEE RESETTLEMENT.  (a)  In this section, "local resettlement agency" and "national voluntary agency" have the meanings assigned by 45 C.F.R. Section 400.2.
(b)  The executive commissioner shall adopt rules to ensure that:
(1)  any refugee placement report required under a federal refugee resettlement program includes local governmental and community input; and
(2)  governmental entities and officials are provided with related information.
(c)  In adopting the rules, the executive commissioner shall, to the extent permitted by federal law, ensure that meetings are convened at least quarterly in the communities proposed for refugee placement at which representatives of local resettlement agencies have an opportunity to consult with and obtain feedback regarding proposed refugee placement from:
(1)  local governmental entities and officials, including:
(A)  municipal and county officials;
(B)  local school district officials; and
(C)  representatives of local law enforcement agencies; and
(2)  other community stakeholders, including:
(A)  major providers under the local health care system; and
(B)  major employers of refugees.
(d)  In adopting the rules, the executive commissioner shall, to the extent permitted by federal law, ensure that:
(1)  a local resettlement agency:
(A)  considers all feedback obtained in meetings conducted under Subsection (c) before preparing a proposed annual report on the placement of refugees for purposes of 8 U.S.C. Section 1522(b)(7)(E);
(B)  informs the state and local governmental entities and officials and community stakeholders described by Subsection (c) of the proposed annual report; and
(C)  develops a final annual report for the national voluntary agencies and the commission that includes a summary regarding the manner in which stakeholder input contributed to the report; and
(2)  the commission:
(A)  obtains from local resettlement agencies the preliminary number of refugees the local resettlement agencies recommended to the national voluntary agencies for placement in communities throughout this state and provides that information to local governmental entities and officials in those communities; and
(B)  obtains from the United States Department of State or other appropriate federal agency the number of refugees apportioned to this state and provides that information and information regarding the number of refugees intended to be placed in each community in this state to local governmental entities and officials in those communities.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter B. Programs and Services Provided or Administered by Commission › Section 526.0059. Prohibited Award of Contracts to Managed Care Organizations for Certain Criminal Convictions

Text of section effective on April 01, 2025
Sec. 526.0059.  PROHIBITED AWARD OF CONTRACTS TO MANAGED CARE ORGANIZATIONS FOR CERTAIN CRIMINAL CONVICTIONS.  The commission may not contract with a managed care organization, including a health maintenance organization, or a pharmacy benefit manager if, in the preceding three years, the organization or manager, in connection with a bid, proposal, or contract with the commission, was subject to a final judgment by a court of competent jurisdiction resulting in:
(1)  a conviction for:
(A)  a criminal offense under state or federal law related to the delivery of an item or service;
(B)  a criminal offense under state or federal law related to neglect or abuse of patients in connection with the delivery of an item or service; or
(C)  a felony offense under state or federal law related to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct; or
(2)  the imposition of a penalty or fine in the amount of $500,000 or more in a state or federal administrative proceeding based on a conviction for a criminal offense under state or federal law.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter C. Coordination of Quality Initiatives › Section 526.0101. Definition

Text of section effective on April 01, 2025
Sec. 526.0101.  DEFINITION.  In this subchapter, "waiver" means the Texas Healthcare Transformation and Quality Improvement Program waiver issued under Section 1115 of the Social Security Act (42 U.S.C. Section 1315).
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter C. Coordination of Quality Initiatives › Section 526.0102. Operational Plan to Coordinate Major Quality Initiatives

Text of section effective on April 01, 2025
Sec. 526.0102.  OPERATIONAL PLAN TO COORDINATE MAJOR QUALITY INITIATIVES.  (a)  The commission shall develop and implement a comprehensive, coordinated operational plan to ensure a consistent approach across the major quality initiatives of the health and human services system for improving the quality of health care.  The plan must include broad goals for improving the quality of health care in this state, including health care services provided through Medicaid.
(b)  The plan may evaluate:
(1)  the Delivery System Reform Incentive Payment (DSRIP) program under the waiver;
(2)  enhancing funding to disproportionate share hospitals in this state;
(3)  Section 1332 of the Patient Protection and Affordable Care Act (42 U.S.C. Section 18052);
(4)  enhancing uncompensated care pool payments to hospitals in this state under the waiver;
(5)  home and community-based services state plan options under Section 1915(i) of the Social Security Act (42 U.S.C. Section 1396n(i)); and
(6)  a contingency plan in the event the commission does not obtain an extension or renewal of the uncompensated care pool provisions or any other provisions of the granted waiver.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter C. Coordination of Quality Initiatives › Section 526.0103. Revision and Evaluation of Major Quality Initiatives

Text of section effective on April 01, 2025
Sec. 526.0103.  REVISION AND EVALUATION OF MAJOR QUALITY INITIATIVES.  Notwithstanding other law, the commission shall revise major quality initiatives of the health and human services system in accordance with the operational plan and health care quality improvement goals developed under Section 526.0102.  To the extent possible, the commission shall ensure that outcome measure data is collected and reported consistently across all major quality initiatives to improve the evaluation of the initiatives' statewide impact.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter C. Coordination of Quality Initiatives › Section 526.0104. Incentives for Major Quality Initiative Coordination

Text of section effective on April 01, 2025
Sec. 526.0104.  INCENTIVES FOR MAJOR QUALITY INITIATIVE COORDINATION.  The commission shall consider and, if appropriate, develop in accordance with this subchapter, incentives that promote coordination among the various major quality initiatives, including projects and initiatives approved under the granted waiver.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter D. Texas Health Opportunity Pool Trust Fund › Section 526.0151. Definition

Text of section effective on April 01, 2025
Sec. 526.0151.  DEFINITION.  In this subchapter, "fund" means the Texas health opportunity pool trust fund established under Section 526.0153.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter D. Texas Health Opportunity Pool Trust Fund › Section 526.0153. Texas Health Opportunity Pool Trust Fund Established

Text of section effective on April 01, 2025
Sec. 526.0153.  TEXAS HEALTH OPPORTUNITY POOL TRUST FUND ESTABLISHED.  (a)  Subject to approval of the waiver authorized by Section 526.0152, the Texas health opportunity pool trust fund is created as a trust fund outside the state treasury to be held by the comptroller and administered by the commission as trustee on behalf of residents of this state who do not have private health benefits coverage and health care providers providing uncompensated care to those individuals.
(b)  The commission may spend money in the fund only for purposes consistent with this subchapter and the terms of the waiver authorized by Section 526.0152.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter D. Texas Health Opportunity Pool Trust Fund › Section 526.0154. Deposits to Fund

Text of section effective on April 01, 2025
Sec. 526.0154.  DEPOSITS TO FUND.  (a)  The comptroller shall deposit in the fund:
(1)  federal money provided to this state under the disproportionate share hospitals supplemental payment program, the hospital upper payment limit supplemental payment program, or both, other than money provided under those programs to state-owned and -operated hospitals, and all other nonsupplemental payment program federal money provided to this state that is included in the waiver authorized by Section 526.0152; and
(2)  state money appropriated to the fund.
(b)  The commission and comptroller may accept gifts, grants, and donations from any source, and receive intergovernmental transfers, for purposes consistent with this subchapter and the terms of the waiver authorized by Section 526.0152.  The comptroller shall deposit a gift, grant, or donation made for those purposes in the fund.
(c)  Any intergovernmental transfer received, including associated federal matching funds, shall be used, if feasible, for the purposes intended by the transferring entity and in accordance with the terms of the waiver authorized by Section 526.0152.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter D. Texas Health Opportunity Pool Trust Fund › Section 526.0155. Use of Fund in General; Rules for Allocation

Text of section effective on April 01, 2025
Sec. 526.0155.  USE OF FUND IN GENERAL; RULES FOR ALLOCATION.  (a)  Except as otherwise provided by the terms of a waiver authorized by Section 526.0152, money in the fund may be used:
(1)  subject to Section 526.0156, to provide to health care providers reimbursements that:
(A)  are based on the providers' costs related to providing uncompensated care; and
(B)  compensate the providers for at least a portion of those costs;
(2)  to reduce the number of individuals in this state who do not have health benefits coverage;
(3)  to reduce the need for uncompensated health care provided by hospitals in this state; and
(4)  for any other purpose specified by this subchapter or the waiver.
(b)  On approval of the waiver authorized by Section 526.0152, the executive commissioner shall:
(1)  seek input from a broad base of stakeholder representatives on the development of rules with respect to and for the administration of the fund; and
(2)  by rule develop a methodology for allocating money in the fund that is consistent with the terms of the waiver.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter D. Texas Health Opportunity Pool Trust Fund › Section 526.0156. Reimbursements for Uncompensated Health Care Costs

Text of section effective on April 01, 2025
Sec. 526.0156.  REIMBURSEMENTS FOR UNCOMPENSATED HEALTH CARE COSTS.  (a)  Except as otherwise provided by the terms of a waiver authorized by Section 526.0152 and subject to Subsections (b) and (c), money in the fund may be allocated to hospitals in this state and political subdivisions of this state to defray the costs of providing uncompensated health care.
(b)  To be eligible for money allocated from the fund under this section, a hospital or political subdivision must use a portion of the money to implement strategies that will reduce the need for uncompensated inpatient and outpatient care, including care provided in a hospital emergency room.  The strategies may include:
(1)  fostering improved access for patients to primary care systems or other programs that offer those patients medical homes, including the following programs:
(A)  regional or local health care programs;
(B)  programs to provide premium subsidies for health benefits coverage; and
(C)  other programs to increase access to health benefits coverage; and
(2)  creating health care systems efficiencies, such as using electronic medical records systems.
(c)  The allocation methodology the executive commissioner develops under Section 526.0155(b) must specify the percentage of the money from the fund allocated to a hospital or political subdivision that the hospital or political subdivision must use for strategies described by Subsection (b) of this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter D. Texas Health Opportunity Pool Trust Fund › Section 526.0157. Increasing Access to Health Benefits Coverage

Text of section effective on April 01, 2025
Sec. 526.0157.  INCREASING ACCESS TO HEALTH BENEFITS COVERAGE.  (a)  Except as otherwise provided by the terms of a waiver authorized by Section 526.0152, money in the fund that is available to reduce the number of individuals in this state who do not have health benefits coverage or to reduce the need for uncompensated health care provided by hospitals in this state may be used for purposes relating to increasing access to health benefits coverage for individuals with low income, including:
(1)  providing premium payment assistance to those individuals through a premium payment assistance program developed under this section;
(2)  making contributions to health savings accounts for those individuals; and
(3)  providing other financial assistance to those individuals through alternate mechanisms established by hospitals in this state or political subdivisions of this state that meet certain commission-specified criteria.
(b)  The commission and the Texas Department of Insurance shall jointly develop a premium payment assistance program designed to assist individuals described by Subsection (a) in obtaining and maintaining health benefits coverage. The program may provide assistance in the form of payments for all or part of the premiums for that coverage. In developing the program, the executive commissioner shall adopt rules establishing:
(1)  eligibility criteria for the program;
(2)  the amount of premium payment assistance that will be provided under the program;
(3)  the process by which that assistance will be paid; and
(4)  the mechanism for measuring and reporting the number of individuals who obtained health insurance or other health benefits coverage as a result of the program.
(c)  The commission shall implement the premium payment assistance program developed under Subsection (b), subject to availability of money in the fund for that purpose.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter D. Texas Health Opportunity Pool Trust Fund › Section 526.0158. Infrastructure Improvements

Text of section effective on April 01, 2025
Sec. 526.0158.  INFRASTRUCTURE IMPROVEMENTS.  (a)  Except as otherwise provided by the terms of a waiver authorized by Section 526.0152 and subject to Subsection (c), money in the fund may be used for purposes related to developing and implementing initiatives to improve the infrastructure of local provider networks that provide services to Medicaid recipients and individuals with low income and without health benefits coverage in this state.
(b)  The infrastructure improvements may include developing and implementing a system for maintaining medical records in an electronic format.
(c)  Not more than 10 percent of the total amount of the money in the fund used in a state fiscal year for purposes other than providing reimbursements to hospitals for uncompensated health care may be used for infrastructure improvements described by Subsection (b).
(d)  Money from the fund may not be used to finance the construction, improvement, or renovation of a building or land unless the commission approves the construction, improvement, or renovation in accordance with rules the executive commissioner adopts for that purpose.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter E. Long-Term Care Facilities › Section 526.0201. Definition

Text of section effective on April 01, 2025
Sec. 526.0201.  DEFINITION.  In this subchapter, "council" means the Long-Term Care Facilities Council.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter E. Long-Term Care Facilities › Section 526.0202. Informal Dispute Resolution for Certain Long-Term Care Facilities

Text of section effective on April 01, 2025
Sec. 526.0202.  INFORMAL DISPUTE RESOLUTION FOR CERTAIN LONG-TERM CARE FACILITIES.  (a)  The executive commissioner by rule shall establish an informal dispute resolution process in accordance with this section.  The process must:
(1)  provide for adjudication by an appropriate disinterested person of disputes relating to a proposed commission enforcement action or related proceeding under:
(A)  Section 32.021(d), Human Resources Code; or
(B)  Chapter 242, 247, or 252, Health and Safety Code; and
(2)  require:
(A)  a facility to request informal dispute resolution not later than the 10th calendar day after the commission notifies the facility of the violation of a standard or standards; and
(B)  the completion of the process not later than:
(i)  the 30th calendar day after receipt of a request for informal dispute resolution from a facility, other than an assisted living facility; or
(ii)  the 90th calendar day after receipt of a request from an assisted living facility for informal dispute resolution.
(b)  As part of the informal dispute resolution process, the commission shall contract with an appropriate disinterested person to adjudicate disputes between a facility licensed under Chapter 242 or 247, Health and Safety Code, and the commission concerning a statement of violations the commission prepares in connection with a survey the commission conducts of the facility.  The contracting person shall adjudicate all disputes described by this subsection. The informal dispute resolution process for the statement of violations must require:
(1)  the surveyor who conducted the survey for which the statement was prepared to be available to clarify or answer questions asked by the contracting person or by the facility related to the facility or statement; and
(2)  the commission's review of the facility's informal dispute resolution request for a standard of care violation to be conducted by a registered nurse with long-term care experience.
(c)  Section 2009.053 does not apply to the commission's selection of an appropriate disinterested person under Subsection (b).
(d)  The executive commissioner shall adopt rules to adjudicate claims in contested cases.
(e)  The commission may not delegate to another state agency the commission's responsibility to administer the informal dispute resolution process.
(f)  The rules adopted under Subsection (a) that relate to a dispute described by Section 247.051(a), Health and Safety Code, must incorporate the requirements of Section 247.051, Health and Safety Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter E. Long-Term Care Facilities › Section 526.0203. Long-Term Care Facilities Council

Text of section effective on April 01, 2025
Sec. 526.0203.  LONG-TERM CARE FACILITIES COUNCIL.  (a)  In this section, "long-term care facility" means a facility subject to regulation under Section 32.021(d), Human Resources Code, or Chapter 242, 247, or 252, Health and Safety Code.
(b)  The executive commissioner shall establish a long-term care facilities council as a permanent advisory committee to the commission.  The council is composed of the following members the executive commissioner appoints:
(1)  at least one member who is a for-profit nursing facility provider;
(2)  at least one member who is a nonprofit nursing facility provider;
(3)  at least one member who is an assisted living services provider;
(4)  at least one member responsible for survey enforcement within the state survey and certification agency;
(5)  at least one member responsible for survey inspection within the state survey and certification agency;
(6)  at least one member of the state agency responsible for informal dispute resolution;
(7)  at least one member with expertise in Medicaid quality-based payment systems for long-term care facilities;
(8)  at least one member who is a practicing medical director of a long-term care facility;
(9)  at least one member who is a physician with expertise in infectious disease or public health; and
(10)  at least one member who is a community-based provider at an intermediate care facility for individuals with intellectual or developmental disabilities licensed under Chapter 252, Health and Safety Code.
(c)  The executive commissioner shall designate a council member to serve as presiding officer.  The council members shall elect any other necessary officers.
(d)  A council member serves at the will of the executive commissioner.
(e)  The council shall meet at the call of the executive commissioner.
(f)  A  council member is not entitled to reimbursement of expenses or to compensation for service on the council.
(g)  Chapter 2110 does not apply to the council.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter E. Long-Term Care Facilities › Section 526.0204. Council Duties; Report

Text of section effective on April 01, 2025
Sec. 526.0204.  COUNCIL DUTIES; REPORT.  (a)  In this section, "long-term care facility" has the meaning assigned by Section 526.0203.
(b)  The council shall:
(1)  study and make recommendations regarding a consistent survey and informal dispute resolution process for long-term care facilities, Medicaid quality-based payment systems for those facilities, and the allocation of Medicaid beds in those facilities;
(2)  study and make recommendations regarding best practices and protocols to make survey, inspection, and informal dispute resolution processes more efficient and less burdensome on long-term care facilities;
(3)  recommend uniform standards for those processes;
(4)  study and make recommendations regarding Medicaid quality-based payment systems and a rate-setting methodology for long-term care facilities; and
(5)  study and make recommendations relating to the allocation of and need for Medicaid beds in long-term care facilities, including studying and making recommendations relating to:
(A)  the effectiveness of rules adopted by the executive commissioner relating to the procedures for certifying and decertifying Medicaid beds in long-term care facilities; and
(B)  the need for modifications to those rules to better control the procedures for certifying and decertifying Medicaid beds in long-term care facilities.
(c)  Not later than January 1 of each odd-numbered year, the council shall submit a report on the council's findings and recommendations to the executive commissioner, the governor, the lieutenant governor, the speaker of the house of representatives, and the chairs of the appropriate legislative committees.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter F. Uncompensated Hospital Care Reporting and Analysis; Administrative Penalty › Section 526.0251. Rules

Text of section effective on April 01, 2025
Sec. 526.0251.  RULES.  The executive commissioner shall adopt rules providing for:
(1)  a standard definition of "uncompensated hospital care";
(2)  a methodology for hospitals in this state to use in computing the cost of uncompensated hospital care that incorporates a standard set of adjustments to a hospital's initial computation of the cost that accounts for all funding streams that:
(A)  are not patient-specific; and
(B)  are used to offset the hospital's initially computed amount of uncompensated hospital care; and
(3)  procedures for hospitals to use in reporting the cost of uncompensated hospital care to the commission and in analyzing that cost, which may include procedures by which the commission may periodically verify the completeness and accuracy of the reported information.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter F. Uncompensated Hospital Care Reporting and Analysis; Administrative Penalty › Section 526.0252. Notice of Failure to Report; Administrative Penalty

Text of section effective on April 01, 2025
Sec. 526.0252.  NOTICE OF FAILURE TO REPORT; ADMINISTRATIVE PENALTY.  (a)  The commission shall notify the attorney general of a hospital's failure to report the cost of uncompensated hospital care on or before the report due date in accordance with rules adopted under Section 526.0251(3).
(b)  On receipt of the notice, the attorney general shall impose an administrative penalty on the hospital in the amount of $1,000 for each day after the report due date that the hospital has not submitted the report, not to exceed $10,000.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter F. Uncompensated Hospital Care Reporting and Analysis; Administrative Penalty › Section 526.0253. Notice of Incomplete or Inaccurate Report; Administrative Penalty

Text of section effective on April 01, 2025
Sec. 526.0253.  NOTICE OF INCOMPLETE OR INACCURATE REPORT; ADMINISTRATIVE PENALTY.  (a)  If the commission determines that a hospital submitted a report with incomplete or inaccurate information using a procedure adopted under Section 526.0251(3), the commission shall:
(1)  notify the hospital of the specific information the hospital must submit; and
(2)  prescribe a date by which the hospital must provide that information.
(b)  If the hospital fails to submit the specified information on or before the date the commission prescribes, the commission shall notify the attorney general of that failure.
(c)  On receipt of the commission's notice, the attorney general shall impose an administrative penalty on the hospital in an amount not to exceed $10,000.  In determining the amount of the penalty to be imposed, the attorney general shall consider:
(1)  the seriousness of the violation;
(2)  whether the hospital had previously committed a violation; and
(3)  the amount necessary to deter the hospital from committing future violations.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter F. Uncompensated Hospital Care Reporting and Analysis; Administrative Penalty › Section 526.0254. Requirements for Attorney General Notification

Text of section effective on April 01, 2025
Sec. 526.0254.  REQUIREMENTS FOR ATTORNEY GENERAL NOTIFICATION.  The commission's notification to the attorney general under Section 526.0252 or 526.0253 must include the facts on which the commission based the determination that the hospital failed to submit a report or failed to completely and accurately report information, as applicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter F. Uncompensated Hospital Care Reporting and Analysis; Administrative Penalty › Section 526.0255. Attorney General Notice to Hospital

Text of section effective on April 01, 2025
Sec. 526.0255.  ATTORNEY GENERAL NOTICE TO HOSPITAL.  The attorney general shall give written notice of the commission's notification to the attorney general under Section 526.0252 or 526.0253 to the hospital that is the subject of the notification.  The notice must include:
(1)  a brief summary of the alleged violation;
(2)  a statement of the amount of the administrative penalty to be imposed; and
(3)  a statement of the hospital's right to a hearing on the alleged violation, the amount of the penalty, or both.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter F. Uncompensated Hospital Care Reporting and Analysis; Administrative Penalty › Section 526.0256. Penalty Paid or Hearing Requested

Text of section effective on April 01, 2025
Sec. 526.0256.  PENALTY PAID OR HEARING REQUESTED.  Not later than the 20th day after the date the attorney general sends the notice under Section 526.0255, the hospital receiving the notice must submit a written request for a hearing or remit the amount of the administrative penalty to the attorney general.  Failure to timely request a hearing or remit the amount of the administrative penalty results in a waiver of the right to a hearing under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter F. Uncompensated Hospital Care Reporting and Analysis; Administrative Penalty › Section 526.0257. Hearing

Text of section effective on April 01, 2025
Sec. 526.0257.  HEARING.  (a)  If a hospital requests a hearing in accordance with Section 526.0256, the attorney general shall conduct the hearing in accordance with Chapter 2001.
(b)  If the hearing results in a finding that a violation has occurred, the attorney general shall:
(1)  provide to the hospital written notice of:
(A)  the findings established at the hearing; and
(B)  the amount of the penalty; and
(2)  enter an order requiring the hospital to pay the amount of the penalty.
(c)  An order entered by the attorney general under this section is subject to judicial review as a contested case under Chapter 2001.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 526 - Additional Powers and Duties of Commission and Executive Commissioner › Subchapter F. Uncompensated Hospital Care Reporting and Analysis; Administrative Penalty › Section 526.0258. Options Following Decision: Pay or Appeal

Text of section effective on April 01, 2025
Sec. 526.0258.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  Not later than the 30th day after the date the hospital receives the order entered by the attorney general under Section 526.0257, the hospital shall:
(1)  pay the amount of the administrative penalty;
(2)  remit the amount of the penalty to the attorney general for deposit in an escrow account and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both; or
(3)  without paying the amount of the penalty:
(A)  file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both; and
(B)  file with the court a sworn affidavit stating that the hospital is financially unable to pay the amount of the penalty.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.