reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 60 - CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) › Section 60.6 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms used in this chapter have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Capitation--The uniform per client
				monthly amount that DADS pays to a provider agency.
(2) CFR--The Code of Federal
				Regulations.
(3) CMS--The Centers
				for Medicare and Medicaid Services.
(4) DADS--The Department of Aging and
				Disability Services or its successor agency.
(5) Former military member--A person who
				served in the United States Army, Navy, Air Force, Marine Corps, or Coast
				Guard:
(A) who declared and maintained Texas
				as the person's state of legal residence in the manner provided by the
				applicable military branch while on active duty; and
(B) who was killed in action or died while in
				service, or whose active duty otherwise ended.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 60 - CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) › Section 60.8 - Contracting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				To become a provider agency, an applicant must:
(1) be selected by DADS, through a request
				for proposals process, to submit an application to CMS to become a provider
				agency;
(2) be approved by CMS as
				described in 42 CFR, Part 460, Subpart B to be a provider agency;
(3) enter into a program agreement with CMS
				and DADS as described in 42 CFR, Part 460, Subpart C; and
(4) be licensed as an adult daycare
				center.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 60 - CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) › Section 60.10 - Interest List

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider
				agency must maintain an up-to-date interest list of individuals who are
				interested in receiving PACE services and reside in the provider agency's
				service area.
(b) A person may
				request an individual's name be added to the PACE interest list maintained by
				the provider agency serving the service area in which the individual resides by
				submitting a request in person, by phone, or in writing, and providing the
				following information:
(1) the name of the
				individual;
(2) the date of the
				request for PACE services;
(3) the
				individual's physical and mailing addresses;
(4) the individual's birth date;
(5) the individual's contact phone number;
(6) the name and phone number of
				the LAR, if applicable; and
(7)
				the name and phone number of the person requesting services on behalf of the
				individual, if different from the LAR.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 60 - CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) › Section 60.12 - Client Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for participation the
				applicant must:
(1) be 55 years old or
				older;
(2) meet the medical
				necessity criteria for nursing facility care in accordance with §
										19.2401
				of this title (relating to General Qualifications for Medical Necessity
				Determinations);
(3) live in a
				Programs of All-Inclusive Care for the Elderly (PACE) service area;
				and
(4) be determined by the PACE
				Interdisciplinary Team (IDT) as able to be safely served in the
				community.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 60 - CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) › Section 60.14 - Living Arrangements

Current through Reg. 49, No. 28; July 12, 2024
Programs of All-Inclusive Care for the Elderly (PACE) clients
				  must reside in:
(1) their own
				home;
(2) a relative's
				home;
(3) a licensed assisted
				living facility;
(4) a licensed
				nursing facility; or
(5) an adult
				foster care home that contracts with the Texas Department of Human
				Services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 60 - CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) › Section 60.16 - Medical Necessity Assessments

Current through Reg. 49, No. 28; July 12, 2024
(a) The provider agency must complete a
				medical necessity and level of care assessment based on the client's total
				needs.
(b) The provider agency must
				electronically transmit the medical necessity and level of care assessment to
				the agency with which the Texas Health and Human Services Commission (HHSC)
				contracts for medical necessity determinations.
(c) The provider agency must enroll any
				eligible applicant within 60 calendar days after the date of the medical
				necessity and level of care assessment.
(d) The provider agency must complete another
				medical necessity and level of care assessment and submit it to the agency with
				which HHSC contracts for medical necessity determinations 12 months after the
				initial assessment.
(1) If the client meets
				the state's medical necessity criteria and the client has an irreversible or
				progressive diagnosis, or a terminal illness that could reasonably be expected
				to result in death in the next six months, and the Department of Aging and
				Disability Services (DADS) determines that there is no reasonable expectation
				of improvement or significant change in the client's condition because of
				severity of a chronic condition or the degree of impairment of functional
				capacity, DADS will permanently waive the annual recertification requirement
				and the client may be deemed to be continually eligible for PACE. The medical
				necessity and level of care assessment must have sufficient documentation to
				substantiate the client's prognosis and the client's functional
				capacity.
(2) In addition, if DADS
				determines that a PACE client no longer meets the medical necessity criteria
				for nursing facility care, the client may be deemed to continue to be eligible
				for PACE until the next annual reassessment, if, in the absence of PACE
				services, it is reasonable to expect that the client would meet the nursing
				facility medical necessity criteria within the next six months.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 60 - CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) › Section 60.18 - Program Benefits

Current through Reg. 49, No. 28; July 12, 2024
A provider agency must provide a client the services, listed
				  in 42 Code of Federal Regulations §460.92, that are approved by the
				  Interdisciplinary Team.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 60 - CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) › Section 60.20 - Right to Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) Internal
				appeal.
(1) Any client who is denied program
				services is entitled to an appeal through the provider agency.
(2) If the client also chooses to file an
				external appeal, the provider agency must assist the client in filing an
				external appeal.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 60 - CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) › Section 60.22 - Medicaid Capitation Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) The provider agency must accept the
				Medicaid capitation payment as payment in full for all services to a Medicaid
				eligible client.
(b) If the client
				is also a Medicare beneficiary, the Centers for Medicare and Medicaid Services
				will also pay a Medicare capitation payment to the provider agency.
(c) An exception to subsection (a) of this
				section occurs when a client enters a nursing facility and the client has
				applied income. To receive this exception:
(1) the provider agency must collect the
				client's applied income, unless the purpose of the stay is for the client to
				receive respite care; and
(2) the
				applied income must be determined in accordance with §§15.100,
				15.450, 15.501-15.503, and 15.506 of this title (relating to Definitions;
				General Principles Concerning Income; Vendor Living Arrangements; Allowable
				Deductions; Protection of Spousal Income and Resources; and Mandatory Payroll
				Deductions from Earned Income).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 60 - CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) › Section 60.24 - Enrollment and Disenrollment

Current through Reg. 49, No. 28; July 12, 2024
(a) The provider agency determines whether
				the applicant meets enrollment requirements.
(b) The enrollment effective date is the
				first day of the month after the provider agency receives the signed enrollment
				form.
(c) The client may
				voluntarily disenroll from Programs of All-Inclusive Care for the Elderly
				(PACE) at any time, but the effective date of disenrollment must be the last
				day of the month.
(d) The provider
				agency may recommend involuntary disenrollment of a client for the reasons
				described in 42 Code of Federal Regulations §460.164. To involuntarily
				disenroll a client:
(1) the documentation of
				the recommendation must be sent to the PACE program manager in the Texas
				Department of Human Services (DHS) state office; and
(2) the disenrollment becomes effective only
				when DHS confirms the provider agency adequately documented acceptable grounds
				for disenrollment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 60 - CONTRACTING TO PROVIDE PROGRAMS OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) › Section 60.26 - Data Collection and Reporting

Current through Reg. 49, No. 28; July 12, 2024
The provider agency must:
(1) collect and enter data into the DataPACE
				system;
(2) generate and maintain
				monthly reports from the DataPACE system; and
(3) make the reports available to the Texas
				Department of Human Services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter A - DISCLOSURE OF INFORMATION › Section 71.101 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following definitions apply to this subchapter, unless
					 the context clearly indicates otherwise:
(1) DHS--Texas Department of Human
				  Services.
(2) You and your--An
				  individual who makes a request for information.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter A - DISCLOSURE OF INFORMATION › Section 71.102 - Requests for Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas
				  Government Code, Chapter 552 (the Public Information Act) requires DHS to
				  answer all written requests for information. If you make your request for
				  information orally, the DHS staff to whom you make the request may choose
				  whether to answer.
(b) Your request
				  for information must identify who is making the request and the information
				  requested. DHS will not ask you why you want the information or what you are
				  going to do with it. DHS may, however, ask for a driver's license or other
				  official identification to establish who you are. DHS may also ask questions to
				  figure out the information you really want.
(c) If you ask to review information in
				  person rather than get copies of it, you may have to go to the office that has
				  the information. DHS will not move the original copies of public records from
				  one office to another for your review.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter A - DISCLOSURE OF INFORMATION › Section 71.103 - Schedule of Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) DHS charges fees to
				  cover the cost of copies of or access to public information. Except as
				  otherwise provided in this part, DHS uses rules adopted by the Texas Building
				  and Procurement Commission (TBPC) in 1 TAC §§ 111.61-111.71, to set
				  charges for copies of or access to public information.
(b) As allowed by law, DHS has gotten an
				  exemption from the fees set by TBPC for programming personnel time. Under this
				  exemption, DHS charges $60 per hour for programming personnel time.
(c) DHS waives the charges for copies of or
				  access to public information if the fee is $5 or less.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter B - CLIENT INFORMATION › Section 71.201 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following definitions apply to this subchapter, unless
					 the context clearly indicates otherwise:
(1) Client--An individual who is an applicant
				  for or recipient of services from the Texas Department of Human
				  Services.
(2) DHS--Texas Department
				  of Human Services.
(3) Individually
				  identifiable health information--Information that is a subset of health
				  information, including demographic information collected from an individual,
				  and
(A) is created or received by a health
				  care provider, health plan, employer, or health care clearinghouse;
				  and
(B) relates to the past,
				  present, or future physical or mental health or condition of an individual; the
				  provision of health care to an individual; or the past, present, or future
				  payment for the provision of health care to an individual; and
(i) that identifies the individual;
				  or
(ii) with respect to which there
				  is a reasonable basis to believe the information can be used to identify the
				  individual.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter B - CLIENT INFORMATION › Section 71.202 - Confidential Nature of Client Information

Current through Reg. 49, No. 28; July 12, 2024
(a) State and federal law control the
				  disclosure of information about a client and usually make the information
				  confidential.
(b) General
				  information that is not about a specific client is usually not confidential
				  under state or federal law. This type of information includes financial or
				  statistical reports and policies and procedures regarding public
				  assistance.
(c) Except as otherwise
				  provided by law, DHS treats information about an individual who has died the
				  same way it treats information about an individual who is still
				  alive.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter B - CLIENT INFORMATION › Section 71.203 - Client Access to Own Information

Current through Reg. 49, No. 28; July 12, 2024
A client has a right to review and get copies of the
					 information in his or her own case file unless another law says
					 otherwise.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter B - CLIENT INFORMATION › Section 71.204 - Release for Death Notification

Current through Reg. 49, No. 28; July 12, 2024
DHS may disclose identifying information, such as names and
					 addresses, about the friends and relatives of a client to a funeral home, to
					 law enforcement, or to another entity for purposes of notifying the friends or
					 relatives of the client's death.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter B - CLIENT INFORMATION › Section 71.205 - Release for Eligibility Verification, Billing, and Service Delivery

Current through Reg. 49, No. 28; July 12, 2024
(a) Medicaid providers. A Medicaid provider
				  or its authorized representative may get client information for eligibility
				  verification and billing purposes. An authorized representative must have an
				  agency agreement on file with DHS to get information on behalf of a Medicaid
				  provider.
(1) For electronically stored
				  information, a Medicaid provider or its authorized representative must contact
				  its Medicaid claims administrator representative.
(2) For other forms of information, a
				  Medicaid provider or its authorized representative must contact DHS and supply
				  its Medicaid provider number.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter B - CLIENT INFORMATION › Section 71.206 - Release under Client Authorization

Current through Reg. 49, No. 28; July 12, 2024
(a) DHS
				  will disclose information about a client from a client case file if it receives
				  a valid authorization to release the information signed by the client or the
				  client's personal representative.
(b) To be valid, an authorization to release
				  client information other than individually identifiable health information must
				  contain the following elements:
(1) a
				  description of the information to be disclosed;
(2) the identity of the person who is being
				  authorized to disclose information;
(3) the identity of the person to whom the
				  information is to be disclosed;
(4)
				  a description of the purpose of the disclosure;
(5) an expiration event that is related to
				  the client or the purpose of the disclosure or an expiration date;
(6) the date the client or the client's
				  personal representative signed the authorization;
(7) if the client's personal representative
				  signed the authorization, a description of the personal representative's
				  authority to act;
(8) a statement
				  describing the client's right to revoke the authorization; and
(9) a statement about whether the client's
				  refusal to sign the authorization will affect the client's eligibility for or
				  delivery of services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter C - PRIVACY OF HEALTH INFORMATION › Section 71.301 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following definitions apply to this
				  subchapter, unless the context clearly indicates otherwise:
(1) CFR--Code of Federal
				  Regulations
(2) Covered entity--
(A) a health plan;
(B) a health care clearinghouse; or
(C) a health care provider who transmits any
				  health information in electronic form in connection with a transaction covered
				  by this subchapter.
(3)
				  Designated record set--A group of records maintained by or for a covered entity
				  that is:
(A) the medical records and billing
				  records about individuals maintained by or for a covered health care
				  provider;
(B) the enrollment,
				  payment, claims adjudication, and case or medical management record systems
				  maintained by or for a health plan; or
(C) used, in whole or in part, by or for the
				  covered entity to make decisions about individuals.
(4) DHS--Texas Department of Human
				  Services.
(5) Health care
				  provider--A provider of services (as defined in §1861(u) of the Social
				  Security Act,
				  42
				  U.S.C.1395x(u)), a provider
				  of medical or health services (as defined in §1861(s) of the Social
				  Security Act,
				  42
				  U.S.C.1395x(s)), and any
				  other person or organization who furnishes, bills, or is paid for health care
				  in the normal course of business.
(6) Individually identifiable health
				  information--Information that is a subset of health information, including
				  demographic information collected from an individual, and
(A) is created or received by a health care
				  provider, health plan, employer, or health care clearinghouse; and
(B) relates to the past, present, or future
				  physical or mental health or condition of an individual; the provision of
				  health care to an individual; or the past, present, or future payment for the
				  provision of health care to an individual; and
(i) that identifies the individual;
				  or
(ii) with respect to which there
				  is a reasonable basis to believe the information can be used to identify the
				  individual.
(7) Record--Any item, collection, or grouping
				  of information that includes protected health information and is maintained,
				  collected, used, or disseminated by or for a covered entity.
(8) Research--A systematic investigation,
				  including research development, testing, and evaluation, designed to develop or
				  contribute to generalizable knowledge.
(9) You--The subject of the individually
				  identifiable health information.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter C - PRIVACY OF HEALTH INFORMATION › Section 71.302 - Right of Access to Your Individually Identifiable Health Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as stated in subsection (b) of
				  this section, you have a right to look at or get a copy of the information that
				  DHS keeps in a designated record set about you.
(b) DHS may refuse to let you look at or get
				  a copy of the information, either with or without giving you a chance for a
				  review of DHS's decision.
(1) You have a
				  right to have DHS's decision reviewed when:
(A) a licensed health care professional
				  decides that giving you the information would be likely to put you or another
				  person in danger;
(B) the
				  information refers to another person other than a health care provider and a
				  licensed health care professional decides that giving you the information would
				  be likely to cause substantial harm to the other person; or
(C) your personal representative asks for the
				  information and a licensed health care professional decides that giving your
				  personal representative the information would be likely to cause you or another
				  person substantial harm.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter C - PRIVACY OF HEALTH INFORMATION › Section 71.303 - Designated Record Sets

Current through Reg. 49, No. 28; July 12, 2024
DHS has the following designated record sets that you may
					 access:
(1) case records;
(2) hearing files;
(3) files regarding investigations of
				  individual clients kept by the Office of Inspector General and Civil Rights
				  Division;
(4) files regarding
				  overpayments to clients;
(5)
				  licensing files for nursing facility administrators;
(6) certification files for nurse aides;
				  and
(7) permit files for medication
				  aides.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter C - PRIVACY OF HEALTH INFORMATION › Section 71.304 - Right to Report of Disclosures

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  stated in subsection (b) of this section, you have a right to know about DHS's
				  disclosures of your individually identifiable health information. This right
				  means that DHS has to tell you when it has disclosed your individually
				  identifiable health information in the six years before you ask about the
				  disclosures.
(b) DHS does not have
				  to tell you about disclosures of your individually identifiable health
				  information:
(1) to carry out treatment,
				  payment, or health care operations;
(2) to you;
(3) under a valid authorization signed by
				  you;
(4) to persons involved in
				  your care or for identification purposes as stated in
				  45 CFR
				  §164.508(b);
(5) for national security or intelligence
				  purposes as stated in
				  45
				  CFR
				  §164.512(k);
(6) to correctional institutions or law
				  enforcement officers as stated in
				  45
				  CFR
				  §164.512(k)(5);
(7) for purposes of research, public health,
				  or health care operations if any information that directly identifies you, your
				  relatives, your employers, or other members of your household is removed as
				  stated in
				  45
				  CFR
				  §164.514(e);
(8) that happened before April 14, 2003;
				  or
(9) that are otherwise excluded
				  from the reporting requirement in section
				  45 CFR
				  §164.528(a).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter C - PRIVACY OF HEALTH INFORMATION › Section 71.305 - Fees for Copies of Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  stated in subsection (b) of this section, the fee DHS charges for providing a
				  copy of individually identifiable health information is determined under §
										71.103 of this
				  title (relating to Schedule of Fees).
(b) DHS will not charge for overhead when
				  providing you a copy of your individually identifiable health
				  information.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter C - PRIVACY OF HEALTH INFORMATION › Section 71.306 - Requests for Further Limits on Uses and Disclosures of Individually Identifiable Health Information

Current through Reg. 49, No. 28; July 12, 2024
Under the law, you may ask DHS to limit the uses and
					 disclosures of your individually identifiable health information more than the
					 law requires. The law also says that DHS is not required to agree to any limit
					 you ask for. Thus, you may ask DHS to limit the disclosure of information about
					 you by writing to the DHS Privacy Officer at Texas Department of Human Services
					 Y-994, P.O. Box 149030, Austin, Texas 78714-9030. However, DHS will not be able
					 to agree to your request. The volume and nature of the information DHS handles
					 makes it impractical for DHS to agree to limit its use and disclosure of
					 individually identifiable health information more than the law
					 requires.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter C - PRIVACY OF HEALTH INFORMATION › Section 71.307 - Requests for Communication by Different Means or at Different Locations

Current through Reg. 49, No. 28; July 12, 2024
(a) You may ask DHS to contact you by
				  different means or at different locations. This request must:
(1) be in writing;
(2) specify the different means or different
				  location or both, as appropriate; and
(3) contain a statement that contacting you
				  by the usual means or at the usual location could endanger you.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter C - PRIVACY OF HEALTH INFORMATION › Section 71.308 - Verification of Identity and Authority

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Before disclosing individually identifiable health information, DHS will verify
				  the identity of the individual asking for the information and the power of the
				  individual to get the information.
(b) DHS may require an individual to prove
				  his or her identity. Proof of identity may include:
(1) driver's license;
(2) government-issued identification card
				  with a photograph;
(3) social
				  security number;
(4) date of
				  birth;
(5) case number;
(6) birth certificate;
(7) hospital or birth records;
(8) adoption papers or records;
(9) work or school identification;
(10) official credentials;
(11) voter registration card;
(12) U.S. passport;
(13) wage or pay receipts;
(14) written statement on official
				  stationery; or
(15) letter from an
				  identifiable and official source.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter C - PRIVACY OF HEALTH INFORMATION › Section 71.309 - Disclosure of Health Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Unless the law requires otherwise, DHS will disclose only the individually
				  identifiable health information needed to accomplish the purpose for which the
				  information is sought.
(b) DHS will
				  not disclose individually identifiable health information when the purpose of
				  the disclosure can be accomplished with de-identified health information,
				  unless the law says otherwise.
(c)
				  DHS will not disclose an entire medical record unless the entire medical record
				  is justified as the amount of information needed for the purpose of the
				  disclosure or the law says otherwise.
(d) When a disclosure is not routine and
				  recurring, DHS will use the following criteria to decide how much individually
				  identifiable health information to disclose:
(1) the purpose of the disclosure;
(2) how much the disclosure threatens
				  privacy, including:
(A) the amount of
				  individually identifiable health information to be disclosed;
(B) the amount of identifying information to
				  be disclosed;
(C) how much the
				  disclosure would increase the number of individuals or entities that have the
				  individually identifiable health information; and
(D) the chance that more uses or disclosures
				  of the individually identifiable health information could happen;
(3) DHS's ability to limit the
				  disclosure, including:
(A) whether the
				  information is in electronic or paper form; and
(B) the ease with which certain fields or
				  data elements can be removed from the information released;
(4) the cost of limiting the
				  disclosure; and
(5) the importance
				  of the disclosure.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter C - PRIVACY OF HEALTH INFORMATION › Section 71.310 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
Complaints about DHS's privacy policies or how DHS complies
					 with its privacy policies may be made by telephoning 1-888-834-7406 (TDD
					 1-888-425-6889) or by writing the DHS Privacy Officer at Texas Department of
					 Human Services Y-994, P.O. Box 149030, Austin, Texas
					 78714-9030.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter D - CORRECTING INFORMATION › Section 71.401 - Right to Correct Incorrect Information

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual may ask the Texas
				  Department of Human Services (DHS) to correct information that DHS has about
				  that individual.
(b) DHS will
				  review the request and decide if the information should be corrected under this
				  subchapter.
(c) This subchapter
				  does not apply when there are any other requirements that an individual give
				  DHS updated and corrected information or when DHS has another applicable change
				  process. For example, Texas Works advisors tell recipients of Medicaid, food
				  stamps, and Temporary Assistance for Needy Families (TANF) about requirements
				  to report new or changed information.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter D - CORRECTING INFORMATION › Section 71.402 - Requesting a Correction

Current through Reg. 49, No. 28; July 12, 2024
(a) A request to
				  correct information must be in writing and must:
(1) identify the individual asking for the
				  correction;
(2) identify the
				  disputed information about the individual;
(3) state why the information is
				  wrong;
(4) include any proof that
				  shows the information is wrong;
(5)
				  state what correction is requested; and
(6) include a return address, telephone
				  number, or email address at which the Texas Department of Human Services (DHS)
				  can contact the individual.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter D - CORRECTING INFORMATION › Section 71.403 - Where to Send a Request for Correction

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Texas Department of Human Services (DHS) employees send requests for correction
				  to their supervisors or Human Resource Services representatives.
(b) Licensees send requests for correction to
				  the DHS office that grants the license.
(c) Individuals served by DHS's programs send
				  requests for correction to their local office.
(d) Contractors send requests for correction
				  to the DHS office that is responsible for the contract.
(e) Other individuals send requests for
				  correction to the DHS office they usually contact.
(f) Individuals who do not know where to send
				  requests for correction should send them to the Information and Referral Unit,
				  Texas Department of Human Services W-231, P.O. Box 149030, Austin, Texas
				  78714-9030, or to the Public Information Director in a regional
				  office.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter D - CORRECTING INFORMATION › Section 71.404 - The Correction Review

Current through Reg. 49, No. 28; July 12, 2024
(a) After getting a
				  request for correction, the Texas Department of Human Services (DHS) will
				  decide whether the information should be corrected. DHS will tell the
				  individual about the decision in writing no later than 60 days after getting
				  the request for correction.
(b) DHS
				  may not destroy or change a record to make a correction. DHS will add the
				  correct information to the record with the incorrect information and make a
				  note that the correct information replaces the incorrect information.
(c) DHS will not look at information under
				  this subchapter if DHS already looked at the information to decide whether it
				  is correct under a different review process. Examples of other review processes
				  include personnel grievance hearings, client fair hearings, formal appeals,
				  informal dispute resolutions, and informal reconsiderations.
(d) If DHS gets the disputed information from
				  a person other than the individual, DHS will not correct the information unless
				  the other person agrees the information is wrong or DHS can determine that the
				  information is wrong without help.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 71 - INFORMATION PRACTICES › Subchapter D - CORRECTING INFORMATION › Section 71.405 - Correction of Individually Identifiable Health Information in a Designated Record Set

Current through Reg. 49, No. 28; July 12, 2024
(a) If the Texas
				  Department of Human Services (DHS) agrees to correct individually identifiable
				  health information in a designated record set, DHS will ask the individual for
				  permission to share the correction with relevant persons and to identify
				  relevant persons with whom the correction should be shared. If the individual
				  agrees to let DHS share the correction, DHS will make reasonable efforts to
				  give the correction to:
(1) persons
				  identified by the individual as needing to know about the correction;
				  and
(2) persons whom DHS knows have
				  received the incorrect information and who may have relied or could foreseeably
				  rely on the information to the disadvantage of the individual.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 72 - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES › Subchapter A - MEMORANDA OF UNDERSTANDING FOR LONG-TERM CARE › Section 72.101 - Services in Hospitals and Long-term Care Institutions

Current through Reg. 49, No. 28; July 12, 2024
(a) Basis. The Texas Department of Human
				  Services, hereinafter referred to as TDHS, the Texas Department of Health,
				  hereinafter referred to as TDH, and the Texas Department of Mental Health and
				  Mental Retardation, hereinafter referred to as TDMHMR, are required under the
				  provisions of Human Resources Code, §
										22.014,
				  to enter into a memorandum of understanding regarding responsibilities,
				  procedures, and standards involved in the provision, regulation, and/or funding
				  of services in hospitals or long term care institutions. However, this
				  agreement does not apply to state hospitals or to any TDMHMR service not funded
				  under Title XIX of the Social Security Act.
(b) Provision of services.
(1) Hospital and long term care services are
				  provided by facilities under contract to TDHS as the Title XIX designated
				  single state agency. TDHS contracts for intermediate care provided by
				  facilities for the mentally retarded (ICF-MR) in community-based settings and
				  in state schools and state centers, and for intermediate care (ICF) and skilled
				  nursing facility (SNF) care in nursing homes.
(2) TDHS is also responsible for reimbursing
				  Title XIX participating hospitals and long term care facilities for covered
				  Title XIX services provided to Title XIX eligible individuals. Reimbursement is
				  subject to the specifications, conditions, limitations, and requirements
				  established by the department or its designee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 72 - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES › Subchapter B - MEMORANDUM OF UNDERSTANDING CONCERNING COORDINATION OF SERVICES TO PERSONS WITH DISABILITIES › Section 72.201 - Basis

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Department of Human Services,
				  the Texas Department of Health, the Texas Department of Mental Health and
				  Mental Retardation, the Texas Rehabilitation Commission, the Texas Commission
				  for the Blind, the Texas Commission for the Deaf, the Texas Education Agency,
				  the Texas Department of Protective and Regulatory Services, and the Texas
				  Interagency Council on Early Childhood Intervention are required under the
				  provisions of the Human Resources Code, §
										22.011,
				  to adopt a joint memorandum of understanding to facilitate the coordination of
				  services to persons with disabilities.
(b) This memorandum of understanding will
				  clarify the financial and service responsibilities of each agency in relation
				  to persons with disabilities and address how each agency will share data
				  relating to services delivered to persons with disabilities. Each agency will
				  adopt this memorandum of understanding and all revisions to the memorandum by
				  rule. Consultation and input from advocacy and consumer groups will be obtained
				  during the public comment period for proposed rule publication. Appropriate
				  revisions to this memorandum of understanding will be made based on public
				  comment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 72 - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES › Subchapter B - MEMORANDUM OF UNDERSTANDING CONCERNING COORDINATION OF SERVICES TO PERSONS WITH DISABILITIES › Section 72.203 - Texas Department of Health (TDH)

Current through Reg. 49, No. 28; July 12, 2024
(a) Financial and service responsibilities to
				  persons with disabilities.
(1) Chronically
				  Ill and Disabled Children's Services Bureau.
(A) The Chronically Ill and Disabled
				  Children's Services Bureau provides diagnosis and evaluation; restorative and
				  corrective medical treatment; speech, occupational, and physical therapy;
				  transportation; meals and lodging; and case management through purchased
				  services for children below the age of 21 years who meet medical, financial,
				  and residency requirements. Persons with the diagnosis of cystic fibrosis are
				  eligible regardless of age.
(B) The
				  Chronically Ill and Disabled Children's Services Bureau also administers:
(i) the Hemophilia Assistance Program, which
				  provides assistance to adult hemophilia patients (over age 21) for the purchase
				  of blood products;
(ii) the
				  Epilepsy Assistance Program, which provides diagnosis, treatment, and support
				  services for persons with epilepsy, through contracts with private
				  organizations; and
(iii) the
				  Children's Outreach Heart Program, which provides pre-diagnostic and follow-up
				  evaluation services for cardiovascular disorders for children in south Texas
				  who meet financial eligibility requirements, through a contract with the
				  Children's Heart Institute of Texas.
(C) The Chronically Ill and Disabled
				  Children's Services Bureau also administers the Supplemental Security Income
				  Disabled Children's Services Program (SSI-DCP).
(D) The contact for program information is
				  the manager for field and provider relations, Chronically Ill and Disabled
				  Children's Services Bureau, (512) 458-7355.
(E) The Chronically Ill and Disabled
				  Children's Services Bureau has written agreements with the Texas Commission for
				  the Blind (TCB), the Texas Rehabilitation Commission (TRC), the Texas Education
				  Agency (TEA), the Texas Youth Council, and the Texas Department of Human
				  Services (DHS). These agreements specify that the Chronically Ill and Disabled
				  Children's Services Bureau and the other agency which is party to the agreement
				  must:
(i) coordinate service delivery;
				  and
(ii) provide services only to
				  persons who have been determined eligible for services by both
				  parties.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 72 - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES › Subchapter B - MEMORANDUM OF UNDERSTANDING CONCERNING COORDINATION OF SERVICES TO PERSONS WITH DISABILITIES › Section 72.205 - Texas Rehabilitation Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) Direct service responsibilities to
				  persons with disabilities.
(1) Vocational
				  Rehabilitation Program.
(A) This program
				  prepares eligible individuals with disabilities for employment. Services
				  include evaluations to determine vocational, educational, medical, and
				  psychological abilities and needs; limited vocationally necessary medical
				  treatment; training in trade schools, business colleges, rehabilitation
				  centers, halfway houses, colleges, and universities; interpreter services for
				  the deaf; job placement and assistance to employers in modifying jobs for
				  persons with disabilities; and assistive technology devices such as
				  wheelchairs, artificial limbs, and braces to improve functioning on the
				  job.
(B) Individuals served must
				  have a physical or mental disability which results in substantial problems in
				  getting and keeping a job; and vocational rehabilitation services are required
				  by that person to prepare for, get, or keep a job.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 72 - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES › Subchapter B - MEMORANDUM OF UNDERSTANDING CONCERNING COORDINATION OF SERVICES TO PERSONS WITH DISABILITIES › Section 72.208 - Texas Education Agency (TEA)

Current through Reg. 49, No. 28; July 12, 2024
(a) Financial
				  and service responsibilities to persons with disabilities.
(1) TEA is authorized to serve children and
				  youth with disabilities who:
(A) are ages
				  three through 21 and are:
(i) orthopedically
				  impaired;
(ii) other health
				  impaired;
(iii) mentally
				  retarded;
(iv) emotionally
				  disturbed;
(v) learning
				  disabled;
(vi) speech
				  impaired;
(vii) autistic;
(viii) multiply disabled; or
(ix) pregnant students;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 72 - MEMORANDUM OF UNDERSTANDING WITH OTHER STATE AGENCIES › Subchapter B - MEMORANDUM OF UNDERSTANDING CONCERNING COORDINATION OF SERVICES TO PERSONS WITH DISABILITIES › Section 72.209 - Texas Department of Protective and Regulatory Services (PRS)

Current through Reg. 49, No. 28; July 12, 2024
(a) Financial and service responsibilities to
				  persons with disabilities.
(1) Protective
				  services for children and adults.
(A) Child
				  Protective Services (CPS) is the branch of the Texas Department of Protective
				  and Regulatory Services (PRS) that provides services to children at risk of
				  abuse or neglect and to their families. These services include:
				  intake/investigation of abuse/neglect referrals, in-home services, truant and
				  runaway services, removal services, substitute care, family reunification, and
				  adoption. Child protective services are provided without regard to income. If
				  the court orders removal of a child from the child's home and places the child
				  in the conservatorship of the state, foster care maintenance payments are made
				  to the substitute care provider. Children in foster care are also eligible for
				  Medicaid.
(B) The Adult Protective
				  Services (APS) Program of PRS investigates reports of abuse, neglect, or
				  exploitation of elderly adults and adults with disabilities. When a report is
				  validated, APS provides or arranges for services to remedy the situation in the
				  least restrictive manner possible. Ongoing APS services provided include direct
				  casework, specialized support services, and guardianship services. All services
				  provided are voluntary, except in cases in which a client:
(i) requires services to alleviate a threat
				  to life;
(ii) the client is
				  refusing services; and
(iii) the
				  client does not appear to have the capacity to understand the
				  situation.
(C) PRS also
				  has the responsibility of overseeing investigations of abuse, neglect, or
				  exploitation conducted by other state agencies which operate, license, certify,
				  or register facilities for persons with disabilities. PRS receives and reviews
				  complaints about these investigations. Of the 30,235 clients served in fiscal
				  year (FY) 1992, 34% (10,171) were nonelderly persons with disabilities. PRS
				  expects to provide APS services to approximately 11,518 nonelderly persons with
				  disabilities in FY 1993.