reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.15 - Financial Policies Applicable to Grant Awards

Current through Reg. 49, No. 28; July 12, 2024
(a) The Grant Recipient is responsible for
				managing the day-to-day operations of the activities supported by the Grant
				Award and is accountable to Institute for the performance of the Grant Award,
				including the appropriate expenditure of Grant Award funds by all parties and
				all other obligations of the Grant Recipient.
(b) The Grant Recipient must maintain a sound
				financial management system that provides appropriate fiscal controls and
				accounting procedures to ensure accurate preparation of reports by the Grant
				Contract and adequate identification of the source and application of Grant
				Award funds.
(1) The Grant Recipient may use
				its established controls and policies, as long as the controls and policies are
				consistent with requirements described in the Institute's administrative rules,
				the Grant Contract, and other applicable standards.
(2) The Grant Recipient's system of internal
				controls should encompass segregation of functions, proper authorization of
				transactions, proper recording of transactions, limited access to assets, and
				monitoring of internal controls. The extent to which internal controls are
				established is dependent upon the nature and size of the organization
				involved.
(3) The Grant Recipient's
				accounting system must conform to Generally Accepted Accounting Principles
				applicable to state and federal grant funds and conform to the standards for
				financial management set forth in the Texas Grant Management Standards
				(TxGMS).
(4) The Institute may
				review the adequacy of the financial management system of any Grant Recipient
				to ensure that the system is appropriate to fulfill the Institute's
				administrative rules, the Grant Contract, and other applicable
				standards.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.16 - Intellectual Property Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				the extent that there is a conflict between this chapter and the Grant Contract
				between the Institute and the Grant Recipient, the Grant Contract terms will
				control.
(b) The Grant Recipient
				may retain, assign or transfer all or a portion of any of the Intellectual
				Property Rights relating to the project results. Any such assignment or
				transfer to a third party is subject to the following requirements:
(1) The Grant Recipient shall notify the
				Institute of the proposed transfer or assignment;
(2) The Grant Recipient shall ensure that the
				assignment or transfer is subject to the licenses, interests and other rights
				provided to the Institute pursuant to the Grant Contract and any applicable law
				or regulation; and
(3) Unless the
				transfer is taking place pursuant to an exercise of the United States
				government's rights under
				35 U.S.C. §
											203, the Institute may provide comments to
				the Grant Recipient related to the proposed transfer or assignment of rights,
				which the Grant Recipient shall consider in good faith and use reasonable
				efforts to account for and incorporate such comments into the actual transfer
				or assignment of such rights.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.17 - Revenue Sharing Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The Institute shall share in the financial benefit received by the Grant
				Recipient resulting from the patents, royalties, assignments, sales,
				conveyances, licenses and/or other benefits associated with the Project
				Results, including interest or proceeds resulting from securities and equity
				ownership. Such payment may include royalties, income, milestone payments, or
				other financial interest in an existing company or other entity.
(b) The Institute's election as to form of
				payment and the calculation of such payment shall be specified in the Grant
				Contract.
(c) Unless otherwise
				provided by the Grant Contract between the Institute and the Grant Recipient,
				payments to the Institute required by this section shall be made no less than
				annually pursuant to a schedule set forth in the Grant Contract and shall be
				accompanied by an appropriate financial statement supporting the calculation of
				the payment.
(d) Nothing herein
				shall affect or otherwise impair the application of federal laws for projects
				receiving some portion of funding from the U.S. Government.
(e) Unless the Grant Contract specifically
				states otherwise, the obligation to share revenues with the Institute is
				continuous so long as the product resulting from the Institute supported
				project enjoys government exclusivity.
(f) If the Institute elects to take equity
				ownership in a Grant Recipient, the Grant Contract shall specify:
(1) Any additional requirements associated
				with the equity ownership, including a specified schedule for the Grant
				Recipient to certify and verify the Grant Recipient's Matching Funds
				obligation.
(2) The Grant Contract
				shall also specify the Institute's recourse in the event that the Grant
				Recipient fails to fulfill reporting requirement deadlines.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.18 - Licensing and Assignment of Intellectual Property Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) The Grant Recipient bears the
				responsibility for licensing activities including identification of potential
				licensees, negotiation of License Agreements, documentation of the progress and
				development under a License Agreement, monitoring the performance of the
				licensee, and taking commercially reasonable actions to enforce the terms of
				the License Agreements.
(b) Each
				License Agreement for Project Results entered into by the Grant Recipient shall
				include an acknowledgement by the licensee that such License Agreement is
				subject to the Institute's licenses, interests and other rights, if
				any.
(c) Nothing herein prohibits
				the Grant Recipient from negotiating an exclusive License Agreement for Project
				Results if exclusivity is reasonably believed by the Grant Recipient to provide
				an economic incentive necessary for achieving commercial development and
				availability of the Project Results. The Grant Recipient shall take reasonable
				action to enforce the terms of the exclusive license and report any default
				notice to the Institute.
(d) A
				not-for-profit Grant Recipient negotiating exclusive or non-exclusive License
				Agreements shall seek to retain the right to exploit the use of its Project
				Results and utilize the same for its non-commercial purposes.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.19 - Opt-Out and Default

Current through Reg. 49, No. 28; July 12, 2024
(a) The Institute
				shall have the option, but not the obligation, to pursue protection of the
				applicable Intellectual Property Rights and/or to commercialize or otherwise
				bring to practical application the applicable Project Results either directly
				or through one or more licensees, in the event of the following:
(1) Upon receipt of Grant Recipient's notice
				of its election to abandon, waive or disclaim any Intellectual Property Rights
				or to cease its efforts to commercialize or otherwise bring to practical
				application any particular Project Results; or
(2) Grant Recipient's failure to materially
				comply with its obligations to protect the Intellectual Property Rights or to
				use diligent and commercially reasonable efforts to commercialize or otherwise
				bring to practical application the Project Results in accordance with the Grant
				Recipient's commercial development plan(s), and Grant Recipient fails to cure
				such non-compliance within a reasonable period of time following written notice
				from the Institute specifically describing the events of
				non-compliance.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.20 - Certification of Tobacco-Free Policy for Grant Recipients

Current through Reg. 49, No. 28; July 12, 2024
To be eligible to receive a Grant Award, a Grant Recipient
				  shall certify that the entity has adopted and enforces a Tobacco-free workplace
				  policy.
(1) A Tobacco-free workplace
				policy will comply with the certification required by this section if the
				policy is adopted by the Grant Recipient's board of directors, governing body,
				or similar and, at a minimum, includes provisions:
(A) Prohibiting the use of all Tobacco
				products by all employees and visitors to the property owned, operated, leased,
				occupied, or controlled by the Grant Recipient. For purposes of the
				Tobacco-free workplace policy, the Grant Recipient may designate the property
				to which the policy applies, so long as the workplace policy encompasses all
				buildings and structures where the Grant Award project is taking place as well
				as the sidewalks, parking lots, walkways, and attached parking structures
				immediately adjacent, but only to the extent the Grant Recipient owns, leases
				or controls the building, sidewalks, parking lots and parking
				structures.
(B) Providing for
				and/or referring to Tobacco use cessation services for employees.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.21 - Monitoring Grant Award Performance and Expenditures

Current through Reg. 49, No. 28; July 12, 2024
(a) The Institute,
				under the direction of the Chief Compliance Officer, shall monitor Grant Awards
				to ensure that Grant Recipients comply with applicable financial,
				administrative, and programmatic terms and conditions and exercise proper
				stewardship over Grant Award funds. Such terms and conditions include
				requirements set forth in statute, administrative rules, and the Grant
				Contract.
(b) Methods used by the
				Institute to monitor a Grant Recipient's performance and expenditures may
				include:
(1) Financial Status Reports
				Review--The Institute shall review Grant Award expenditures reported by Grant
				Recipients on the quarterly Financial Status Reports and supporting documents
				to determine whether expenses charged to the Grant Award are:
(A) Allowable, allocable, reasonable,
				necessary, and consistently applied regardless of the source of funds;
				and
(B) Adequately supported with
				documentation such as cost reports, receipts, third party invoices for
				expenses, or payroll information.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.22 - Required Training for Grant Recipients

Current through Reg. 49, No. 28; July 12, 2024
(a) The Institute, under the direction of the
				Chief Compliance Officer, shall create a compliance training program for Grant
				Recipients addressing applicable financial, administrative, and programmatic
				requirements related to proper stewardship over Grant Award funds, including
				grant reporting.
(b) Initial Grant
				Recipient training program - A Grant Recipient that is approved for a Grant
				Award for the first time on or after September 1, 2015, shall complete an
				initial compliance training program. For purposes of this subsection, a Grant
				Recipient that has received at least one Grant Award prior to September 1,
				2015, is not required to complete the initial compliance training program.
(1) The Chief Compliance Officer shall design
				the initial compliance training program.
(2) The Grant Recipient must complete the
				initial compliance training program prior to receiving disbursement of Grant
				Award funds, unless the Chief Compliance Officer finds good cause to disburse
				grant funds in advance of completing the initial compliance training
				program.
(3) Nothing herein
				prohibits the Chief Compliance Officer from requiring a Grant Recipient to
				complete the initial compliance training program.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.23 - Disbursement of Grant Award Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The Institute
				disburses Grant Award funds by reimbursing the Grant Recipient for allowable
				costs already expended; however, the nature and circumstances of the Grant
				Mechanism or a particular Grant Award may justify advance payment of funds by
				the Institute pursuant to the Grant Contract.
(1) The Chief Executive Officer shall seek
				authorization from the Oversight Committee to disburse Grant Award funds by
				advance payment.
(A) A simple majority of
				Oversight Committee Members present and voting must approve the Chief Executive
				Officer's advance payment recommendation for the Grant Award.
(B) Unless specifically stated at the time of
				the Oversight Committee's vote, the Oversight Committee's approval to disburse
				Grant Award funds by advance payment is effective for the term of the Grant
				Award.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.24 - Financial Status Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) The Grant
				Recipient shall report expenditures to be reimbursed with Grant Award funds on
				the quarterly Financial Status Report form. The Grant Recipient must report all
				expenses for which it seeks reimbursement that the Grant Recipient paid during
				the fiscal quarter indicated on the quarterly Financial Status Report form.
(1) Expenditures shall be reported by budget
				category consistent with the Grant Recipient's Approved Budget.
(2) If the Grant Recipient seeks
				reimbursement for an expense it paid prior to the period covered by the current
				quarterly Financial Status Report but did not previously report to the
				Institute, the Grant Recipient must provide a written explanation for failing
				to claim the prior payment in the appropriate period.
(A) The Grant Recipient must submit the
				written explanation with any supporting documentation at the time that the
				Grant Recipient files its current Financial Status Report.
(B) The Institute shall consider the
				explanation and may approve reimbursement for the otherwise eligible expense.
				The Institute's decision whether to reimburse the expense is final.
(3) All expenditures must be
				supported with appropriate documentation showing that the costs were incurred
				and paid. A Grant Recipient that is a public or private institution of higher
				education as defined by §
										61.003, Texas
				Education Code is not required to submit supporting documentation for an
				individual expense totaling less than $750 in the "supplies" or "other" budget
				categories.
(4) The Financial
				Status Report and supporting documentation must be submitted via the Grant
				Management System, unless the Grant Recipient is specifically directed in
				writing by the Institute to submit or provide it in another manner.
(5) The Institute may request in writing that
				a Grant Recipient provide more information or correct a deficiency in the
				supporting documentation for a Financial Status Report. If a Grant Recipient
				does not submit the requested information within five (5) business days after
				the request is submitted, the Financial Status Report may be disapproved by the
				Institute.
(A) Nothing herein restricts the
				Institute from disapproving the FSR without asking for additional information
				or prior to the submission of additional information.
(B) Nothing herein extends the FSR due
				date.
(6) The
				requirement to report and timely submit quarterly Financial Status Reports
				applies to all Grant Recipients, regardless of whether Grant Award funds are
				disbursed by reimbursement or in advance of incurring costs.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.25 - Grant Award Budget

Current through Reg. 49, No. 28; July 12, 2024
(a) The Grant Contract shall include an Approved Budget that reflects the amount of the Grant Award funds to be spent for each Project Year.
(b) All expenses charged to a Grant Award must be budgeted and reported in the appropriate budget category.
(c) Actual expenditures under each category should not exceed budgeted amounts authorized by the Grant Contract as reflected on the Approved Budget for each Grant Award.
(d) Recipients may make transfers between or among lines within budget categories listed on the Approved Budget so long as the transfer fits within the Scope of Work and the total Approved Budget; is beneficial to the achievement of the Scope of Work; and is an efficient, effective use of Grant Award funds.
(e) Except as provided herein, all budget changes or transfers require Institute approval.
(1) The Grant Recipient may make budget changes or transfers without prior approval from the Institute for expenses not specified in the equipment category if:
(A) The total dollar amount of all changes of any single line item (individually and in the aggregate) within budget categories other than equipment is 10% or less of the total budget for the applicant grant year;
(B) The transfer will not increase or decrease the total grant budget; and
(C) The transfer will not materially change the nature, performance level, or Scope of Work.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 11 - CANCER PREVENTION AND RESEARCH INSTITUTE OF TEXAS › Chapter 703 - GRANTS FOR CANCER PREVENTION AND RESEARCH › Section 703.26 - Allowable Costs

Current through Reg. 49, No. 28; July 12, 2024
(a) A cost is an
				Allowable Cost and may be charged to the Grant Award if it is reasonable,
				allocable, and adequately documented.
(1) A
				cost is reasonable if the cost does not exceed that which would be incurred by
				a prudent individual or organization under the circumstances prevailing at the
				time the decision was made to incur the cost; and is necessary for the
				performance of the Grant Award defined in the Scope of Work in the Grant
				Contract.
(2) A cost is allocable
				if the cost:
(A) Benefits the Grant Award
				either directly or indirectly, subject to Indirect Cost limits stated in the
				Grant Contract;
(B) Is assigned the
				Grant Award in accordance with the relative benefit received;
(C) Is allowed or not prohibited by state
				laws, administrative rules, contractual terms, or applicable
				regulations;
(D) Is not included as
				a cost or used to meet Matching Fund requirements for any other Grant Award in
				either the current or a prior period; and
(E) Conforms to any limitations or exclusions
				set forth in the applicable cost principles, administrative rules, state laws,
				and terms of the Grant Contract.
(3) A cost is adequately documented if the
				cost is supported by the organization's accounting records and documented
				consistent with §
										703.24
				of this title (relating to Financial Status Reports).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 12 - TEXAS COUNCIL ON ALZHEIMER'S DISEASE AND RELATED DISORDERS › Chapter 801 - PROCEDURES › Section 801.1 - Conduct of Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicable law.
				The Texas Council on Alzheimer's Disease and Related Disorders is created by
				the Health and Safety Code, Subtitle E., Chapter 101 by the 70th Legislature,
				Regular Session, 1987.
(b) Officers
				and their duties.
(1) The governor shall
				designate a member of the council who is not an agency representative as the
				chairman of the council to serve in that capacity at the will of the
				governor.
(2) The chairman shall
				preside at all council meetings at which he or she is in attendance, call
				meetings in accordance with this section, assist in the preparation of the
				agenda, appoint committees, task forces or workgroups of the council with
				council consensus, cause proper reports to be made to the governor, lieutenant
				governor and speaker of the house and serve as spokesperson for the council.
				The chairman may serve as an ex-officio member of any subcommittee or workgroup
				of the council. The chairman may invite guests or speakers.
(3) The members of the council shall elect a
				vice-chairman each year.
(4) The
				vice-chairman shall perform the duties of the chairman in the absence or
				disability of the chairman. Should the office of the chairman become vacant,
				the vice-chairman shall serve until a successor is appointed.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 14 - TOXIC SUBSTANCES COORDINATING COMMITTEE › Chapter 1001 - MEETINGS › Section 1001.2 - Applicability of Texas Open Meetings Law

Current through Reg. 49, No. 28; July 12, 2024
The committee is subject to the requirements of the Texas
				  Open Meetings Act, Texas Civil Statutes, Article 6252-17, except as modified by
				  §
									1001.3(a)
				  of this title (relating to Notice of Meetings).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 14 - TOXIC SUBSTANCES COORDINATING COMMITTEE › Chapter 1001 - MEETINGS › Section 1001.3 - Notice of Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Written notice
				giving the date, time, place, and subject of each meeting shall be prepared as
				required by the Open Meetings Act and posted with the secretary of state at
				least 15 days prior to the meeting.
(b) A copy of the notice shall be sent to
				each committee member at least seven days prior to the date of the meeting
				except in emergency cases as determined by the chairperson.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 14 - TOXIC SUBSTANCES COORDINATING COMMITTEE › Chapter 1001 - MEETINGS › Section 1001.4 - Time of Meetings

Current through Reg. 49, No. 28; July 12, 2024
The committee shall meet at the call of the chief
				  administrative officer of any member agency or, at a minimum, once each quarter
				  on a meeting date set by the committee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 14 - TOXIC SUBSTANCES COORDINATING COMMITTEE › Chapter 1001 - MEETINGS › Section 1001.5 - Transaction of Business

Current through Reg. 49, No. 28; July 12, 2024
(a) All meetings
				will be conducted according to Roberts Rules of Order.
(b) All committee actions taken must be
				approved by a majority vote of the members present. The chairperson may vote on
				any item of business as any other committee member; however, in the case of a
				tie vote, the chairperson's vote shall be the tie breaker.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 14 - TOXIC SUBSTANCES COORDINATING COMMITTEE › Chapter 1001 - MEETINGS › Section 1001.6 - Public Participation

Current through Reg. 49, No. 28; July 12, 2024
Requests from members of the public to participate in
				  committee meetings should be submitted to the chairperson prior to the
				  beginning of the meeting. The chairperson has the discretion to allow or
				  disallow participation. If the chairperson allows participation, he/she
				  determines the manner and time limits of the participation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 15 - COUNCIL ON CARDIOVASCULAR DISEASE AND STROKE › Chapter 1051 - RULES › Section 1051.1 - Conduct of Meetings

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicable law.
				The Texas Council on Cardiovascular Disease and Stroke is created by Health and
				Safety Code, Chapter 93.
(b)
				Officers and their duties.
(1) The governor
				shall designate a member of the council as the presiding officer of the council
				to serve in that capacity at the will of the governor.
(2) The presiding officer shall preside at
				all council meetings at which he or she is in attendance, call meetings in
				accordance with this section, assist in the preparation of the agenda, appoint
				subcommittees or workgroups of the council as necessary and with council
				consensus, cause proper reports to be made to the governor, lieutenant governor
				and speaker of the house and serve as spokesperson for the council. The
				presiding officer may serve as an ex-officio member of any subcommittee or
				workgroup of the council. The presiding officer may invite guests or
				speakers.
(3) The members of the
				council shall elect a vice-chairman each year.
(4) The vice-chairman shall perform the
				duties of the presiding officer in the absence or disability of the presiding
				officer. Should the office of the presiding officer become vacant, the
				vice-chairman shall serve until a successor is appointed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.101 - Authority

Current through Reg. 49, No. 28; July 12, 2024
Authority is granted to the Texas Health and Human Services
				  Commission (HHSC) under Texas Health and Safety Code §
									467.001 to
				  establish minimum criteria for peer assistance programs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.103 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to any peer assistance program organized
				  and operated under authority of Texas Health and Safety Code, Chapter 467. This
				  chapter does not apply to peer assistance programs established for licensed
				  physicians or pharmacists or for any other profession that is authorized by
				  other law to establish a peer assistance program. The peer assistance program
				  for pharmacists is required to establish and comply with rules that are at
				  least as strict as those contained in this chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.105 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings unless the context clearly indicates
				  otherwise.
(1) Approved peer assistance
				program--A program designed to help an impaired professional which is:
(A) established or approved by a licensing or
				disciplinary authority;
(B) meets
				the criteria established by HHSC in this chapter; and
(C) meets any additional criteria established
				by the licensing or disciplinary authority.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.107 - Peer Assistance Program Certification and Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) A professional association or licensing
				or disciplinary authority may establish a peer assistance program to identify
				and assist impaired professionals in accordance with the minimum criteria
				established by HHSC in this chapter and any additional criteria established by
				the appropriate licensing or disciplinary authority.
(b) Peer assistance programs must be
				certified by HHSC under this chapter.
(1) A
				peer assistance program must submit all documentation required by HHSC to
				verify that the program meets the minimum standards described in this
				chapter.
(2) Once HHSC is satisfied
				that a peer assistance program meets minimum standards, the program receives a
				document confirming certification.
(3) A peer assistance program is recertified
				periodically as determined by HHSC.
(4) A peer assistance program must notify
				HHSC within 30 days of any change in status, including change of address or
				telephone number.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.109 - Organization

Current through Reg. 49, No. 28; July 12, 2024
(a) A peer assistance program's governing
				body is legally responsible for the management, services, and operations of the
				program. No member of the governing body may have the potential for direct
				financial gain from these activities.
(b) A peer assistance program's governing
				body must designate or employ an administrator for the peer assistance program.
				The administrator is responsible for the day-to-day operations of the
				program.
(c) A peer assistance
				program must maintain adequate financial records according to generally
				accepted accounting principles. Financial records must include an annual budget
				and records of income and expenditures.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.111 - Staffing

Current through Reg. 49, No. 28; July 12, 2024
(a) A peer assistance program must maintain
				an adequate number of staff to effectively administer the program and provide
				the services identified in the program description.
(b) Each staff position must have a written
				job description that specifies:
(1) duties
				and responsibilities; and
(2)
				minimum qualifications, including the level of education, training, and related
				work experience required.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.113 - Program Description

Current through Reg. 49, No. 28; July 12, 2024
(a) A peer
				assistance program must have a written description of the program that
				includes:
(1) target population;
(2) the plan for ensuring services are
				available throughout the state;
(3)
				how the following areas are to be addressed:
(A) identification of and intervention with
				impaired professionals and, if served, impaired students;
(B) assistance with accessing
				treatment;
(C) monitoring and
				support of participants;
(D)
				intervention in crises, including relapses; and
(E) support during the reentry by
				participants to professional practice or academic role;
(4) the plan for program evaluation;
				and
(5) the methods used to promote
				and encourage use of the program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.115 - Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) A peer
				assistance program must operate according to written policies and procedures
				designed to support the implementation of the program description.
(b) The policies and procedures for a peer
				assistance program must comply with:
(1) this
				chapter;
(2) any requirements of
				the licensing or disciplinary authority that established or approved the
				program; and
(3) all applicable
				state or federal laws or rules.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.117 - Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who knows or suspects that a
				professional is impaired by a substance use or mental health condition may
				report the professional's name and any relevant information to an approved peer
				assistance program.
(b) A person
				who is required by law to report an impaired professional to a licensing or
				disciplinary authority satisfies that requirement if the person reports the
				professional to an approved peer assistance program.
(c) An approved peer assistance program may
				report in writing to the appropriate licensing or disciplinary authority the
				name of a professional who the program knows or suspects is impaired and any
				relevant information concerning that professional.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.119 - Referrals to Assessment and Treatment Resources

Current through Reg. 49, No. 28; July 12, 2024
(a) Neither the peer assistance program nor
				any individual associated with it may accept compensation for referrals.
				Compensation includes:
(1) pay;
(2) anything of value; and
(3) any other form of benefit or
				consideration.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.121 - Program Completion

Current through Reg. 49, No. 28; July 12, 2024
(a) An impaired
				professional who is referred to a peer assistance program must, as a condition
				of participation in the program, give consent to the program that authorizes
				the program to disclose the impaired professional's success or failure to
				complete the program to the appropriate licensing or disciplinary
				authority.
(b) A peer assistance
				program must notify the appropriate licensing or disciplinary authority if a
				person succeeds or fails to complete the program, as required by the
				appropriate licensing or disciplinary authority.
(c) A peer assistance program must notify a
				person who made a report under § 8.117 of this chapter (relating to
				Reports) if the professional who was reported fails to participate in the
				program as required by the appropriate licensing or disciplinary
				authority.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.123 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) Any information, report, or record that
				an approved peer assistance program or a licensing or disciplinary authority
				receives, gathers, or maintains under Chapter 467 of the Texas Health and
				Safety Code is confidential. Except as prescribed in Chapter 467 of the Texas
				Health and Safety Code, a person may not disclose that information, report, or
				record without written approval of the impaired professional or other
				interested person. An order entered by a licensing or disciplinary authority
				may be confidential only if the licensee subject to the order agrees to the
				order and there is no previous or pending action, complaint, or investigation
				concerning the licensee involving malpractice, injury, or harm to any member of
				the public.
(b) Information that is
				confidential under subsection (a) of this section may be disclosed:
(1) at a disciplinary hearing before a
				licensing or disciplinary authority in which the authority considers taking
				disciplinary action against an impaired professional whom the authority has
				referred to a peer assistance program under Texas Health and Safety Code §
										467.006(a) or
				(b);
(2) at an appeal from a disciplinary action
				or order imposed by a licensing or disciplinary authority;
(3) to qualified personnel for bona fide
				research or educational purposes only after information that would identify a
				person is removed;
(4) to health
				care personnel to whom an approved peer assistance program or a licensing or
				disciplinary authority has referred an impaired professional; or
(5) to other health care personnel to the
				extent necessary to meet a health care emergency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 8 - PEER ASSISTANCE PROGRAMS FOR IMPAIRED PROFESSIONALS › Section 8.125 - Provision of Services to Students

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				peer assistance program may provide services to impaired students.
(b) A peer assistance program that elects to
				provide services to impaired students is not required to provide the same
				services to those students that it provides to impaired
				professionals.
(c) A peer
				assistance program that provides services to students must comply with any
				criteria for those services that are adopted by the appropriate licensing or
				disciplinary authority.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES › Subchapter A - APPLICATION AND DEFINITIONS › Section 52.1 - Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in subsections (b) -
				  (e) of this section, all of the sections of this chapter apply to an applicant
				  or contractor for one or more of the following programs and services:
(1) Medicaid waiver programs and services
				  under Title XIX, §1915(c) of the Social Security Act as follows:
(A) the Community Living Assistance and
				  Support Services (CLASS) Program:
(i)
				  CLASS-case management agency (CMA);
(ii) CLASS-continued family services
				  (CFS);
(iii) CLASS-direct service
				  agency (DSA); and
(iv)
				  CLASS-support family services (SFS);
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES › Subchapter A - APPLICATION AND DEFINITIONS › Section 52.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms have the following meanings
					 when used in this chapter, unless the context clearly indicates
					 otherwise:
(1) AA--Adaptive
				  aids.
(2) Abuse--"Abuse" as defined
				  by the statute or rule that governs the investigation of alleged abuse of an
				  individual.
(3) AFC--Adult foster
				  care.
(4) Applicant--A person
				  seeking to obtain a contract.
(5)
				  Application denial period--A period of time during which HHSC denies a contract
				  application submitted to HHSC.
(6)
				  Business day--Any day except a Saturday, a Sunday, or a national or state
				  holiday listed in Texas Government Code §
										662.003(a) or
				  (b).
(7) CAS Program--Community Attendant Services
				  Program.
(8) CFC PAS/HAB--A
				  Medicaid state plan service provided through the Community First Choice (CFC)
				  Option, described in 1 Texas Administrative Code Chapter 354, Subchapter A,
				  Division 27 (relating to Community First Choice), under a contract for:
(A) the HCS Program;
(B) the TxHmL Program;
(C) a DSA in the CLASS Program; or
(D) the DBMD Program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES › Subchapter B - CONTRACTOR ENROLLMENT › Section 52.25 - Contractors Not Subject to Certain Portions of Subchapter B

Current through Reg. 49, No. 28; July 12, 2024
Sections 49.202 - 49.205 and §§
										49.207-
					 49.211
					 of this subchapter (relating to Provisional Contract; Provisional Contract
					 Application Process; Additional Provisional Contract Application Requirements;
					 License, Certification, Accreditation, and Other Requirements; Provisional
					 Contract Application Denial; Provisional Contract Application Approval;
					 Standard Contract; Contractor Change of Ownership or Legal Entity; and
					 Religious Organization Applicants) do not apply to a contractor that has a
					 contract for:
(1) the CMPAS
				  Program;
(2) SSPD; or
(3) SSPD - 24-hour shared attendant
				  care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES › Subchapter B - CONTRACTOR ENROLLMENT › Section 52.27 - Provisional Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) To obtain a
				  contract for a service or program for which a person does not have a contract,
				  or a contract in a service or catchment area in which the person does not have
				  a contract, the person must apply for a provisional contract in accordance with
				  §
										49.203
				  of this subchapter (relating to Provisional Contract Application Process) and
				  §
										49.204
				  of this subchapter (relating to Additional Provisional Contract Application
				  Requirements).
(b) HHSC may require
				  that a contract be limited to a single facility or single service or catchment
				  area.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES › Subchapter B - CONTRACTOR ENROLLMENT › Section 52.29 - Provisional Contract Application Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  To apply for a provisional contract, an applicant must:
(1) if required by HHSC as stated on the HHSC
				  website, complete HHSC pre-application orientation (PAO) and training in
				  accordance with the instructions on the HHSC website before submitting an
				  application packet to HHSC as described in paragraph (3) of this
				  subsection;
(2) if applying for a
				  Title XX HDM contract, obtain written approval from HHSC staff in the region in
				  which the applicant is seeking to provide services regarding budgetary issues
				  and health inspections before submitting an application packet to HHSC as
				  described in paragraph (3) of this subsection; and
(3) submit an application packet that
				  contains:
(A) an HHSC provisional contract
				  application completed in accordance with the application
				  instructions;
(B) other documents
				  required by the application instructions including:
(i) if required to complete PAO or training,
				  a certificate of completion of the PAO or training issued by HHSC;
(ii) if the applicant is applying not because
				  of a change of ownership as described in §
													49.210
				  of this subchapter (relating to Contractor Change of Ownership or Legal
				  Entity), a copy of any document required to be a contractor as described in
				  §
													49.205
				  of this subchapter (relating to License, Certification, Accreditation, and
				  Other Requirements);
(iii) if the
				  applicant is applying because of a change of ownership or because of a change
				  of legal entity as described in §
													49.210
				  of this subchapter, a copy of the application for change of ownership of any
				  license required to be a contractor as described in §
													49.205
				  of this subchapter; and
(iv) if the
				  applicant is not required to have a license issued by HHSC under §
													49.205
				  of this subchapter, a written acknowledgement from the Texas Department of
				  Public Safety that the applicant has requested, in accordance with the
				  application instructions, a criminal history record be sent to HHSC for each
				  controlling person of the applicant.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES › Subchapter B - CONTRACTOR ENROLLMENT › Section 52.31 - Additional Provisional Contract Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant that is licensed as an
				  assisted living facility, applies for a Title XX RC contract, and otherwise
				  meets application requirements must meet the requirements in §
										46.13
				  of this title (relating to Housing Options), as determined by HHSC based on an
				  on-site visit.
(b) An applicant
				  that applies for a Title XX AFC contract and otherwise meets application
				  requirements must meet the requirements in Chapter 48, Subchapter K of this
				  title (relating to Minimum Standards for Adult Foster Care).
(c) Except as provided in subsections (d) and
				  (e) of this section, an applicant that applies for an HCS or TxHmL contract and
				  otherwise meets application requirements must complete provider applicant
				  training and receive a score of at least 85 percent on the provider competency
				  examination.
(d) An applicant that
				  applies for an HCS contract does not have to complete provider applicant
				  training or take the provider competency examination if the applicant otherwise
				  meets application requirements and has a standard contract for the HCS Program
				  in another service area.
(e) An
				  applicant that applies for a TxHmL contract does not have to complete provider
				  applicant training or take the provider competency examination if the applicant
				  otherwise meets application requirements and has a standard contract for the
				  HCS Program or TxHmL Program in another service area.
(f) An applicant that applies for an FMSA
				  contract and otherwise meets application requirements must complete HHSC
				  training in accordance with the instructions on the HHSC website and receive a
				  score of at least 85 percent on the HHSC financial management services
				  test.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES › Subchapter B - CONTRACTOR ENROLLMENT › Section 52.33 - License, Certification, Accreditation, and Other Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be a contractor, an applicant must
				  have a license, certification, accreditation, or other document as follows:
(1) CLASS-CFS and CLASS-SFS require:
(A) a permit to operate a child-placing
				  agency issued by HHSC in accordance with Chapter 745 of this title (relating to
				  Licensing); or
(B) a HCSSA license
				  issued by HHSC in accordance with 26 TAC Chapter 558 (relating to Licensing
				  Standards for Home and Community Support Services Agencies) with:
(i) the licensed home health services (LHHS)
				  category; or
(ii) the licensed and
				  certified home health services (L&CHHS) category;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 52 - CONTRACTING FOR COMMUNITY SERVICES › Subchapter B - CONTRACTOR ENROLLMENT › Section 52.35 - Ineligibility Due to Criminal History

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC
				  may determine an applicant or contractor is ineligible to contract with HHSC if
				  the applicant, contractor, or a controlling person of the applicant or
				  contractor has a conviction of any of the following misdemeanor or felony
				  offenses, regardless of the date of conviction:
(1) an offense listed in §
											99.2(a)
				  of this title (relating to Convictions Barring Licensure);
(2) an offense related to the person's
				  involvement in any program under Medicare, Medicaid, or Title XX, Subtitle A of
				  the Social Security Act;
(3) an
				  offense described in Texas Occupations Code, §
											102.001 or §
											102.006 (relating to
				  Solicitation, Offense; and Failure to Disclose, Offense); or
(4) an offense of aiding, abetting, or
				  conspiring to commit an offense described in paragraphs (1) - (3) of this
				  subsection.