reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 379 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 379.2104 - Subcontracting the Crisis Call Hotline

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 379 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 379.2111 - Safety Policies and Procedures for Delivering Services to Children

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 379 - FAMILY VIOLENCE PROGRAM › Subchapter D - NONRESIDENTIAL CENTERS › Division 7 - SERVICE DELIVERY › Section 379.2112 - Texas Department of Family and Protective Services' (DFPS) Child Care Permit

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 380 - MEDICAL TRANSPORTATION PROGRAM › Subchapter A - PROGRAM OVERVIEW › Section 380.101 - Definitions of Terms

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms are applicable to this
					 Chapter, Medical Transportation Program (MTP):
(1) Abuse--The willful infliction of
				  intimidation or injury resulting in physical harm, pain, or mental
				  anguish.
(2) Accident--An
				  unexpected event or series of events causing loss or injury to person or
				  property (e.g., automobile).
(3)
				  Adjacent county(ies)--The county or counties that share a common county line or
				  point with the client's county of residence.
(4) Advance funds--Funds authorized in
				  advance of travel and provided to the client or attendant to cover authorized
				  transportation services (e.g., gas money, lodging, and/or meals) for travel to
				  a covered health care service.
(5)
				  Attendant--
(A) An adult required to
				  accompany a prior authorized MTP client under §
											RSA
				  380.207(4) of
				  this chapter (relating to Program Limitations);
(B) an adult that accompanies a prior
				  authorized MTP client to provide necessary mobility, personal or language
				  assistance to the client during the time that transportation services are
				  provided;
(C) a service animal that
				  accompanies a prior authorized MTP client to provide necessary mobility or
				  personal assistance to the client during the time that transportation services
				  are provided; or
(D) an adult that
				  accompanies a prior authorized MTP client because a health care provider has
				  submitted a statement of need that the client requires an attendant.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 380 - MEDICAL TRANSPORTATION PROGRAM › Subchapter B - ELIGIBILITY, PROGRAM SERVICES, PROCESSES, ADDITIONAL TRANSPORTATION CONNECTED WITH AN AUTHORIZED TRIP, LIMITATIONS, AND EXCLUSIONS › Section 380.201 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The following prior authorized Medical
				  Transportation Program (MTP) clients are eligible to receive reasonable
				  transportation to covered health care services if no other means of
				  transportation are available, the mode of transportation is the most
				  cost-effective mode available, and the facility is reasonably close and meets
				  the client's health care needs:
(1) current
				  Medicaid clients authorized and identified by the Health and Human Services
				  Commission (HHSC) as eligible for Medicaid services under a specific
				  category;
(2) Children with Special
				  Health Care Needs (CSHCN) services program clients; and
(3) Transportation for Indigent Cancer
				  Patients (TICP) Program clients.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 380 - MEDICAL TRANSPORTATION PROGRAM › Subchapter B - ELIGIBILITY, PROGRAM SERVICES, PROCESSES, ADDITIONAL TRANSPORTATION CONNECTED WITH AN AUTHORIZED TRIP, LIMITATIONS, AND EXCLUSIONS › Section 380.203 - Program Services

Current through Reg. 49, No. 28; July 12, 2024
Transportation services must be prior authorized by the
					 Medical Transportation Program (MTP) or transportation providers. Program
					 requirements include the following:
(1) reasonable or long distance
				  transportation of a prior authorized MTP client to and/or from a covered health
				  care service when:
(A) the client provides a
				  Health Care Provider's Statement of Need or equivalent when required;
				  or
(B) a provider will not bill
				  Medicaid or another source for the cost of the services. This includes health
				  care services that are provided to the client by a charitable organization but
				  not billed to Medicaid. It does not include value-added services provided by a
				  Medicaid managed care plan.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 380 - MEDICAL TRANSPORTATION PROGRAM › Subchapter B - ELIGIBILITY, PROGRAM SERVICES, PROCESSES, ADDITIONAL TRANSPORTATION CONNECTED WITH AN AUTHORIZED TRIP, LIMITATIONS, AND EXCLUSIONS › Section 380.205 - Program Processes

Current through Reg. 49, No. 28; July 12, 2024
The following processes must be followed in order to
					 ensure safe, efficient, and cost-effective delivery of transportation services:
(1) a request for routine medical
				  transportation must be received at least two working days in advance of the
				  client's health care service appointment;
(2) a request for a long distance trip or for
				  nonemergency ambulance transportation services must be received at least five
				  working days in advance of the client's health care service
				  appointment;
(3) exceptions to
				  paragraphs (1) and (2) of this section may be granted when the circumstances
				  have been determined to be beyond the client's control. The exception will be
				  documented in the client's record;
(4) clients with recurring visits to a health
				  care provider may receive multiple mass transit tickets or may have more than
				  one transportation appointment authorized in advance;
(5) a certification period for Transportation
				  for Indigent Cancer Patients Program (TICP) clients may be retroactive to the
				  date of the initial request for transportation services if all eligibility
				  requirements are met, and all forms are completed and returned to HHSC. The
				  duration of the certification period is a maximum of 12 consecutive months and
				  minimum of 60 days;
(6) specific
				  certification periods apply to the following applicants of the TICP Program:
(A) applicants on unearned fixed income such
				  as Social Security, workers' compensation, unemployment or U.S. Department of
				  Veterans Affairs benefits can be certified for a 12 month period if there are
				  no anticipated changes in household income;
(B) applicants with earned income can be
				  certified up to an eight month period if there are no anticipated changes in
				  household income;
(C) applicants
				  whose unearned or earned household income is within 10% of the federal poverty
				  guideline can be certified up to a six month period at a time if there are no
				  anticipated changes in household income; or
(D) applicants who have zero income can be
				  certified up to two months at a time. Zero income requires written verification
				  from family members or advocates who can attest that the household receives no
				  monthly earned or unearned income.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 380 - MEDICAL TRANSPORTATION PROGRAM › Subchapter B - ELIGIBILITY, PROGRAM SERVICES, PROCESSES, ADDITIONAL TRANSPORTATION CONNECTED WITH AN AUTHORIZED TRIP, LIMITATIONS, AND EXCLUSIONS › Section 380.207 - Program Limitations

Current through Reg. 49, No. 28; July 12, 2024
In the following circumstances clients are not eligible to
					 receive transportation services:
(1)
				  transportation to and from a day activity, a personal care home or state
				  institution, or a facility participating in another Title XIX program for which
				  the reimbursement rate structure includes transportation funds;
(2) the intended destination is a nursing
				  facility, except as specified in § 380.202(5) of this subchapter (relating
				  to Program Services);
(3) the
				  client is an inpatient in a health care facility, except as specified in §
				  380.202(5) of this subchapter;
(4)
				  the client is under 15 years of age and:
(A)
				  the client's parent, guardian, or another adult authorized by the parent or
				  guardian does not accompany the client as required by §
											RSA
				  354.1133 of this title (relating to Parental
				  Accompaniment Requirement); and
(B)
				  the parent or guardian, if authorizing another adult to accompany the client,
				  has not provided written authorization on a form prescribed by the Health and
				  Human Services Commission, which will allow for the designation of one
				  authorized adult and one alternate authorized adult;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 380 - MEDICAL TRANSPORTATION PROGRAM › Subchapter B - ELIGIBILITY, PROGRAM SERVICES, PROCESSES, ADDITIONAL TRANSPORTATION CONNECTED WITH AN AUTHORIZED TRIP, LIMITATIONS, AND EXCLUSIONS › Section 380.209 - Program Exclusions

Current through Reg. 49, No. 28; July 12, 2024
The following transportation services are not covered by
					 the Medical Transportation Program (MTP):
(1) transportation of deceased clients
				  ;
(2) reimbursement for additional
				  travel costs when a client elects to seek care at a more remote facility that
				  is not supported on a Health Care Provider's Statement of Need, Form 3113 or
				  equivalent;
(3) medical care while
				  clients are being transported;
(4)
				  emergency ambulance service;
(5)
				  passenger assistance beyond that which is necessary to ensure that clients
				  enter and leave vehicles safely; and
(6) transportation services for family
				  members not previously authorized for the specific trip.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 380 - MEDICAL TRANSPORTATION PROGRAM › Subchapter C - CLIENT RIGHTS › Section 380.301 - Client Rights and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Client Rights.
(1) Nondiscrimination. The client has a right
				  to receive services in compliance with Title VI of the Civil Rights Act of
				  1964,
				  RSA
				  2000d, et seq.; §504 of the
				  Rehabilitation Act of 1973,
				  RSA
				  794; the Americans with Disabilities Act of
				  1990,
				  RSA 12101,
				  et seq;. and all amendments to each, and all requirements imposed by the
				  regulations issued pursuant to these Acts, in particular 45 C.F.R. Part 80
				  (relating to race, color, national origin), 45 C.F.R. Part 84 (relating to
				  handicap), 45 C.F.R. Part 86 (relating to sex), and 45 C.F.R. Part 91 (relating
				  to age).
(2) Abuse report. Clients
				  should report verbal or physical abuse or sexual harassment committed by other
				  clients, passengers, a transportation provider's employees, or Health and Human
				  Services Commission (HHSC) staff to the Medical Transportation Program (MTP) or
				  the transportation provider upon arrival at the client's destination.
(3) Denial notification. If a service is
				  denied, MTP or the transportation provider shall notify the client in
				  accordance with Chapter 357, Subchapter A of this title (relating to Uniform
				  Fair Hearing Rules). This client notification does not apply to transportation
				  services under §
											RSA 380.209 of
				  this title (relating to Program Exclusions).
(4) Appeal request.
(A) For services that have been denied by a
				  transportation provider, a client may request an internal review of the denied
				  services to be conducted by the transportation provider, MTP, or
				  both.
(B) For services that have
				  been denied by MTP, a client may request an administrative review to be
				  conducted by the MTP Program Director.
(C) At any time, a client may request a fair
				  hearing for review of a service denial by an HHSC hearings officer. A request
				  for a fair hearing must be in writing and mailed or hand-delivered to the MTP
				  office in Austin.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 380 - MEDICAL TRANSPORTATION PROGRAM › Subchapter D - INDIVIDUAL TRANSPORTATION PARTICIPATION › Section 380.401 - Individual Transportation Participant Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To participate in the Medical
				  Transportation Program (MTP), all individual transportation participants (ITP)
				  must:
(1) complete an ITP application with
				  the Health and Human Services Commission (HHSC) or its designee to acquire
				  participation status; and
(2) have
				  and maintain a current driver's license, current vehicle insurance, current
				  vehicle inspection sticker and current vehicle license tags and meet all other
				  participation requirements.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 380 - MEDICAL TRANSPORTATION PROGRAM › Subchapter E - REGIONAL CONTRACTED BROKERS › Section 380.501 - Standards for Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
A regional contracted broker or a managed transportation
					 organization must ensure the following minimum standards regarding the physical
					 condition and maintenance of motor vehicles used to provide transportation
					 services.
(1) All motor vehicles used
				  to provide transportation services must:
(A)
				  meet or exceed warranty and component standards for both state and federal
				  safety mechanical operating and maintenance standards;
(B) be identified with the transportation
				  provider name and vehicle number using letters that are at a minimum six inches
				  in height; and
(C) be equipped
				  with:
(i) functioning, clean, and accessible
				  seat belts for each passenger seat position that must be stored off the floor
				  when not in use;
(ii) an operating
				  speedometer and odometer;
(iii)
				  working interior lights within the passenger compartment;
(iv) adequate interior sidewall padding and
				  ceiling covering;
(v) two exterior
				  rear view mirrors, one on each side of the vehicle;
(vi) an interior mirror, which should be used
				  for monitoring the passenger compartment;
(vii) a clean interior and exterior (which
				  must be free of broken mirrors or windows, excessive grime, rust, chipped
				  paint, and major dents);
(viii) a
				  functional fire extinguisher (which must be secured within reach of the motor
				  vehicle operator and visible to passengers);
(ix) a first aid kit (which must include at a
				  minimum latex gloves, hazardous waste disposal bags, scrub brush, disinfectant,
				  and deodorizer);
(x) working
				  heating and cooling systems adequate for the heating, cooling, and ventilation
				  needs of both the motor vehicle operator and the passengers; and
(xi) signage posted within the vehicle that
				  reads: "No Smoking, Eating or Drinking." "All passengers must wear seat belts."
				  "Concealed Weapons Prohibited."
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 380 - MEDICAL TRANSPORTATION PROGRAM › Subchapter E - REGIONAL CONTRACTED BROKERS › Section 380.502 - Standards for Motor Vehicle Operators

Current through Reg. 49, No. 28; July 12, 2024
For any motor vehicle operator providing or seeking to
					 provide transportation services, the regional contracted broker or a managed
					 transportation organization (MTO) must:
(1) verify that the motor vehicle operator
				  has a valid driver's license. A motor vehicle operator without a valid driver's
				  license may not provide transportation services under the MTP;
(2) check the driving record information of
				  the motor vehicle operator that is maintained by the Department of Public
				  Safety (DPS) under Chapter 521, Subchapter C, Transportation Code. A motor
				  vehicle operator who does not meet driving history requirements as specified in
				  the contract between the Health and Human Services Commission (HHSC) and the
				  regional contracted broker or MTO may not provide transportation services under
				  the MTP;
(3) check the public
				  criminal record information of the motor vehicle operator that is maintained by
				  DPS and made available to the public through the DPS website. A motor vehicle
				  operator who does not meet criminal history requirements as specified in the
				  contract between HHSC and the regional contracted broker or MTO may not provide
				  transportation services under the MTP. Specifically, a regional contracted
				  broker or an MTO must:
(A) ensure motor
				  vehicle operators do not have any findings by a law enforcement authority of
				  driving while intoxicated or under the influence of any substance that may
				  impair their ability to safely operate a motor vehicle within seven years prior
				  to the initial hire date or any time after the hire date. Any motor vehicle
				  operator who is convicted of these offenses after the hire date is immediately
				  ineligible to provide transportation services for a period of seven years after
				  the date of conviction;
(B) ensure
				  motor vehicle operators do not have a felony or misdemeanor conviction within
				  seven years of the initial hire date or any time after the hire date of:
(i) an act of abuse, neglect or exploitation
				  of children, the elderly or persons with disabilities as defined in Texas
				  Family Code, as amended, Chapter 261 and Texas Human Resources Code, as
				  amended, Chapter 48; or
(ii) an
				  offense under the Texas Penal Code, as amended, against the person; against the
				  family; against public order or decency; against public health, safety or
				  morals; against property;
(iii) an
				  offense under Chapter 481 of the Texas Health and Safety Code, as amended,
				  (Texas Controlled Substances Act); and
(iv) motor vehicle operators must not have
				  been found to have conducted or participated in any acts prohibited by the
				  Texas Human Resources Code Chapter 36 (Medicaid Fraud Prevention);
				  and
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter A - PURPOSE AND DEFINITIONS › Section 381.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter implements Government Code chapter 531,
					 subchapter D, which establishes a guardianship advisory board within the Health
					 and Human Services Commission (HHSC), requires HHSC to adopt minimum standards
					 for the delivery of guardianship and related services, directs HHSC to develop
					 and, subject to appropriations, implement a plan to ensure that incapacitated
					 persons who need guardianship services receive necessary and appropriate
					 assistance, and authorizes HHSC to award grants to local guardianship programs
					 and local legal guardianship programs.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter A - PURPOSE AND DEFINITIONS › Section 381.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following definitions are used throughout this
					 chapter:
(1) Alliance Director--The
				  individual appointed by HHSC whose duties include serving as executive officer
				  of the Guardianship Alliance of Texas, coordinator for the Guardianship
				  Advisory Board, and liaison between the Guardianship Advisory Board and
				  HHSC.
(2) Guardian--A person,
				  corporation or guardianship program is appointed guardian of an incapacitated
				  person under section
				  RSA 693, Probate Code,
				  or a temporary or successor guardian. Except as expressly provided otherwise,
				  "guardian" includes the guardian of the estate and the guardian of the person
				  of an incapacitated person.
(3)
				  Guardianship--The legal process by which a court appoints a guardian to make
				  housing, medical and/or financial decisions for an incapacitated
				  person.
(4) Guardianship Advisory
				  Board--The 15 member advisory group established pursuant to section
				  RSA
				  531.122, Government Code, to advise HHSC
				  regarding the implementation of chapter 531, subchapter D, Government
				  Code.
(5) Guardianship Alliance of
				  Texas--The title selected by HHSC with the advice of the Guardianship Advisory
				  Board for the plan to ensure that each incapacitated individual in Texas who
				  needs a guardianship or a less restrictive type of assistance to make decisions
				  concerning the incapacitated person's own welfare and financial affairs
				  receives that assistance.
(6)
				  Incapacitated person--
(A) a minor;
(B) an adult individual who, because of a
				  physical or mental condition, is substantially unable to provide food,
				  clothing, or shelter for himself or herself, to care for the individual's own
				  physical health, or to manage the individual's own financial affairs;
				  or
(C) a person who must have a
				  guardian appointed to receive funds due the person from any governmental
				  source.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter B - GUARDIANSHIP ADVISORY BOARD › Section 381.101 - Duties

Current through Reg. 49, No. 28; July 12, 2024
The Guardianship Advisory Board is not subject to the
					 provisions of sections 2110.002 and 2110.008, Government Code, Civil Statutes.
					 The Guardianship Advisory Board is appointed in accordance with this subchapter
					 to advise HHSC concerning its administration of the provisions of chapter 531,
					 subchapter D, Government Code, and this chapter, including the
					 following:
(1) the adoption of minimum
				  standards for the provisions of guardianship and related services;
(2) development and, subject to
				  appropriations, implementation of a plan to ensure that each incapacitated
				  person in Texas who needs guardianship or a less restrictive form of assistance
				  to make decisions concerning the person's welfare receives necessary and
				  appropriate assistance;
(3) the
				  development and award of grants for the establishment of local guardianship
				  programs in accordance with the provisions of subchapter C of this
				  chapter;
(4) develop a proposal for
				  a statewide guardianship program and advise HHSC and the Texas Department of
				  Regulatory and Protective Services with regard to the program;
(5) review the guardianship policies of each
				  health and human services agency and recommend changes to HHSC that the
				  Guardianship Advisory Board considers necessary or advisable;
(6) prepare an annual report for submission
				  to the Governor, Lieutenant Governor, Speaker of the House of Representatives,
				  HHSC, and the Texas Department of Protective and Regulatory Services regarding
				  its recommendations under paragraphs (4) and (5) of this section; and
(7) annually review and comment on the
				  minimum standards adopted by HHSC for the provision of guardianship and related
				  services and any plan implemented by HHSC to ensure that incapacitated persons
				  who need guardianship services receive necessary and appropriate
				  assistance.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter B - GUARDIANSHIP ADVISORY BOARD › Section 381.102 - Membership and Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Guardianship Advisory Board is composed of the following representatives:
(1) one representative from each of the
				  eleven state health and human services regions, as defined by HHSC;
(2) three representatives of the public;
				  and
(3) one representative of the
				  Texas Department of Protective and Regulatory Services.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter B - GUARDIANSHIP ADVISORY BOARD › Section 381.103 - Officers and Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Guardianship Advisory Board shall elect a presiding officer and other officers
				  considered necessary from the membership of the board.
(b) The Guardianship Advisory Board may meet
				  to conduct business and shall meet at the call of the presiding
				  officer.
(c) The Guardianship
				  Advisory Board may hold public meetings or hearings on matters relating to the
				  implementation of Chapter 531, Subchapter D, Government Code, or its duties
				  under this chapter. Notice of public hearings or public meetings shall be
				  posted in accordance with the provisions of Chapter 551, Government Code. The
				  board shall develop and implement policies to provide the public a reasonable
				  opportunity to appear before the board and speak on any matter under the
				  board's jurisdiction.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter C - GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS › Section 381.201 - Eligible Projects

Current through Reg. 49, No. 28; July 12, 2024
Grant applications must meet the requirements and
					 specifications set forth in Requests for Proposals issued from time to time by
					 HHSC.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter C - GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS › Section 381.202 - Eligible Applicants

Current through Reg. 49, No. 28; July 12, 2024
The following entities are eligible to apply for grant
					 funds:
(1) an entity that wishes to
				  create a new local guardianship program;
(2) an entity that wishes to expand an
				  existing local guardianship center;
(3) an entity that wishes to expand an
				  existing local guardianship program to serve a county or a community that is
				  not currently served by a local guardianship program;
(4) an entity that wishes to expand an
				  existing local guardianship program to serve new populations of incapacitated
				  or disabled persons not currently served in the program's county by a local
				  guardianship program; and
(5) such
				  other entities as are described in the requests for proposals or other notice
				  of potential grant award that is issued by HHSC.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter C - GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS › Section 381.203 - Application and Selection Process

Current through Reg. 49, No. 28; July 12, 2024
A grant applicant must submit its application for a grant
					 directly to HHSC by the deadline published in the request for proposal or other
					 notice of potential grant award issued by HHSC. An application received after
					 the deadline will not be considered. A review panel selected by HHSC, with the
					 advice of the Guardianship Advisory Board, will review timely filed
					 applications for eligibility and completeness. The review panel will evaluate
					 eligible, complete, and timely proposals in accordance with the evaluation
					 methodology published in the request for proposal or other notice of potential
					 grant award issued by HHSC.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter C - GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS › Section 381.204 - Grant Period

Current through Reg. 49, No. 28; July 12, 2024
Grant awards are subject to the availability of
					 appropriated funds and are generally funded for a 12-month period specified in
					 the request for proposals or other notice of potential grant awards issued by
					 HHSC.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter C - GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS › Section 381.205 - Continuation Funding Policy

Current through Reg. 49, No. 28; July 12, 2024
All grants for local guardianship programs are subject to
					 the availability of appropriated funds. A grant may be cancelled either prior
					 to or following the award of a grant if funding for the grant is terminated,
					 withdrawn, or if sufficient funds are not appropriated to HHSC. HHSC makes no
					 commitment that a grant, once funded, will receive priority consideration for
					 subsequent funding.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter C - GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS › Section 381.206 - Grant Amounts

Current through Reg. 49, No. 28; July 12, 2024
The minimum and maximum amount of grant awards will be
					 published in the specific request for proposal or other notice of potential
					 grant awards issued by HHSC.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter C - GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS › Section 381.207 - Notification of Award

Current through Reg. 49, No. 28; July 12, 2024
HHSC will notify all applicants in writing of HHSC's final
					 action on a grant application. HHSC will notify each successful grant applicant
					 of a tentative grant award. Alternatively, HHSC may issue a non-binding letter
					 of intent to award a grant to a successful applicant contingent upon the
					 satisfaction of certain conditions specified in the letter of intent. Each
					 successful grant applicant must notify HHSC in writing of its decision to
					 either accept or reject a tentative grant award within 10 business days of the
					 date of HHSC's notice of a tentative grant award or within a shorter time
					 period as specified in a non-binding letter of intent. A successful grant
					 applicant's failure to notify HHSC within this time period shall be construed
					 as a rejection of the tentative grant award. Any exception to this rule will
					 require the review and written approval of the Alliance Director of the
					 Guardianship Alliance of Texas.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter C - GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS › Section 381.208 - Request for Reconsideration

Current through Reg. 49, No. 28; July 12, 2024
An unsuccessful grant applicant may request a
					 reconsideration of its grant application by requesting reconsideration in
					 writing to the Alliance Director within 10 days of the date of notification of
					 HHSC's final action on a grant application. The applicant should submit written
					 documentation in support of the request. The Alliance Director will review the
					 request for reconsideration and respond in writing to the request within
					 business 15 days of receipt of the request for reconsideration by
					 HHSC.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter C - GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS › Section 381.209 - Contract

Current through Reg. 49, No. 28; July 12, 2024
A successful applicant for a grant award shall be required
					 to execute a contract with HHSC on mutually agreeable terms and conditions in
					 the manner and format prescribed by HHSC. Grant funds may not be distributed to
					 a successful applicant prior to execution of a contract with
					 HHSC.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter C - GRANTS FOR LOCAL GUARDIANSHIP PROGRAMS › Section 381.210 - Progress Reports

Current through Reg. 49, No. 28; July 12, 2024
Each grantee must submit progress reports in accordance
					 with the instructions provided by and in the form prescribed by HHSC. The
					 grantee must submit reports only for those activities supported by HHSC grant
					 funds. The program director of the entity receiving the grant must sign all
					 progress reports. Progress reports are due quarterly. Progress reports are due
					 on the first day of January, April, July, and October. Failure to meet these
					 deadlines will result in the grantee becoming ineligible for future grant
					 awards and may result in HHSC placing a financial hold on the
					 grantee.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 1 - GENERAL › Section 381.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The standards in this chapter are intended to serve as
						minimum standards for guardianship programs in Texas. A guardianship program is
						encouraged to apply stricter or higher standards in its operation of its
						program.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 1 - GENERAL › Section 381.303 - Applicability of Standards to Guardianship Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability. The minimum standards
					 established under this subchapter are applicable to all guardianship programs,
					 regardless of size, location, or model of service delivery.
(b) Compliance. A guardianship program must
					 comply with these standards no later the one year following the effective date
					 of these standards.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 1 - GENERAL › Section 381.305 - Ineligibility of Non-Compliant Programs

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program that does not certify in writing
						to the Health and Human Services Commission (HHSC) that it is in compliance
						with the minimum standards established under this subchapter is not eligible
						for grant funding under subchapter C of this chapter or technical assistance
						from HHSC's Guardianship Alliance of Texas.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 2 - ADMINISTRATION AND FISCAL MANAGEMENT › Section 381.315 - Form of Entity

Current through Reg. 49, No. 28; July 12, 2024
Each guardianship program must prepare and maintain an
						organization chart that clearly discloses who is responsible for decision
						making within the program. A guardianship program that exists within the
						framework of a larger organization (a program that is not a stand-alone
						program) must prepare and maintain an organization chart that clearly reveals
						the guardianship program's degree of decision-making autonomy within the larger
						organization.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 2 - ADMINISTRATION AND FISCAL MANAGEMENT › Section 381.317 - Fiscal Responsibility

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program has the following two distinct
						types of fiscal responsibility:
(1)
					 Budget and Financial Functions. A guardianship program must maintain the fiscal
					 standards required by its form of entity. All freestanding guardianship
					 programs must follow generally accepted accounting principles and be able to
					 produce proof that generally accepted accounting principles are followed.
					 Guardianship programs that exist within the framework of a larger organization
					 shall maintain the budget and financial functions required by funding sources
					 and/or the larger organization's management.
(2) Clients. The fiscal responsibility of a
					 guardianship program to its clients is governed by Chapter 13 of the Texas
					 Probate Code and enforced by the court that appoints the guardianship program
					 or its members to serve as guardian. A person sixty (60) years of age or older
					 has the right to review financial records and the right to an accounting, as
					 set forth in §
											RSA
					 102.003(i) of
					 the Human Resources Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 2 - ADMINISTRATION AND FISCAL MANAGEMENT › Section 381.319 - Budget

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program will maintain procedures to
						develop, fund, and oversee a budget that is adequate to meet the guardianship
						and/or less restrictive alternative to guardianship needs of its
						clients.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 2 - ADMINISTRATION AND FISCAL MANAGEMENT › Section 381.321 - Insurance

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program will protect the entity itself,
						its board members, employees, volunteers, and clients by annually conducting a
						risk management analysis and either obtaining appropriate insurance or
						providing other protections as determined by the guardianship
						program.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 2 - ADMINISTRATION AND FISCAL MANAGEMENT › Section 381.323 - Fees for Services

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program will develop and maintain written
						policies and procedures for exploring third-party payment options before
						charging fees for services to clients. Any fees charged to an incapacitated
						person's funds must receive prior approval from the judge having jurisdiction
						over the guardianship. No person needing a guardianship or a less restrictive
						alternative to guardianship services should be denied these services because of
						the person's inability to pay for the services.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 2 - ADMINISTRATION AND FISCAL MANAGEMENT › Section 381.325 - Guardianship Bonds

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program must develop and adopt a policy
						for bonds that describes the means to supply and maintain guardianship bonds as
						required by a court. The policy should ensure that the qualification of a
						guardian by a court is not delayed because of the lack of a bond or an
						insufficient bond. A guardianship program should determine, when selecting and
						recruiting its employees and volunteers, whether and to what extent the person
						to be appointed guardian is eligible to be bonded.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 3 - PERSONNEL MANAGEMENT › Section 381.331 - Guardianship Accountability

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program will not adopt any policy or
						procedure that has the purpose of shifting liability imposed by law on the
						guardianship program, except as allowed by law, to an individual employee or
						volunteer.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 3 - PERSONNEL MANAGEMENT › Section 381.333 - Service Provider Employee Screening

Current through Reg. 49, No. 28; July 12, 2024
(a) A guardianship program will perform a
					 criminal background check and a reference check on each employee or volunteer
					 who:
(1) works or will work directly with a
					 client;
(2) currently has or will
					 have access to a client's assets or a client's confidential
					 information.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 3 - PERSONNEL MANAGEMENT › Section 381.335 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) A guardianship program will develop and
					 maintain policies and procedures to insure the confidentiality of client
					 information.
(b) These procedures
					 should, at a minimum, include requiring employees and volunteers to sign
					 confidentiality agreements that conform to all applicable laws and regulations,
					 maintaining client records in a secure location, and training employees and
					 volunteers on confidentiality requirements as they relate to guardianship
					 client records and information.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 3 - PERSONNEL MANAGEMENT › Section 381.337 - Supervision of Employees and Volunteers

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 guardianship program will develop and maintain policies and procedures that
					 require ongoing supervision of all employees and volunteers who provide
					 services to clients, regardless of whether an individual or the guardianship
					 program is appointed guardian.
(b)
					 Supervisory procedures will provide for training, monitoring, and evaluation of
					 employees and volunteers that is consistent with these standards.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 3 - PERSONNEL MANAGEMENT › Section 381.339 - Community Involvement

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 guardianship program will strive to attain community involvement in the
					 guardianship program by identifying and involving persons or agencies that
					 provide services of any nature to those populations served by the guardianship
					 program.
(b) A guardianship program
					 will consider the creation of a local advisory committee that consists of
					 persons or representatives from agencies identified under subsection (a) to
					 provide advice and guidance to the guardianship program.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.345 - Less Restrictive Alternatives to Guardianship

Current through Reg. 49, No. 28; July 12, 2024
(a) A guardianship program will protect the
					 rights and autonomy of clients and potential clients by promoting the use of
					 less restrictive alternatives to guardianship whenever such alternatives are in
					 the best interests of the client or potential client.
(b) When a guardianship program believes that
					 a less restrictive alternative to guardianship is in the best interests of the
					 client, the guardianship program will either offer these alternatives or refer
					 potential clients to other programs that offer these alternatives.
(c) A guardianship program will advocate for
					 the best interests of a potential client to insure that a court:
(1) grants the guardian only those powers
					 necessary to protect the health, safety, and resources of a potential client;
					 and
(2) limits a potential client's
					 rights only to the extent necessary to protect the health, safety, and
					 resources of a potential client.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.347 - Guardianship Program Service Levels

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program will develop and maintain
						procedures to provide an adequate level of services to all clients, regardless
						of whether the program uses paid employees, volunteers, or both employees and
						volunteers. A guardianship program will maintain an adequate number of
						employees and/or volunteers to appropriately manage the care of its
						clients.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.349 - Role of Volunteers

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program may use volunteers in a variety of
						roles, which include, but are not limited to, the following:
(1) guardians of the person and/or estate of
					 clients;
(2) representative payees
					 or bill payers;
(3) agents of the
					 guardianship program that are appointed as guardian;
(4) to visit, transport, or provide other
					 services to the client on behalf of the appointed guardian; or
(5) staff positions.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.351 - Staffing Requirements

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program will have a program director that
						is responsible for the development and management of the guardianship program
						on a daily basis. Program directors are encouraged to become certified by the
						National Guardianship Association as a Registered Guardian and Master Guardian.
						Guardianship program staff may be either employees or volunteers, and staff
						qualifications may vary among the guardianship programs. A guardianship program
						will develop job descriptions for all staff outlining the duties and
						responsibilities of all staff members. Job requirements for education and
						experience must be commensurate with duties and responsibilities and must be
						comparable to requirements for other positions in the community with similar
						duties and responsibilities.