reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.13 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meaning, unless the context clearly indicates
					 otherwise.
(1) Claim--A demand for
				  damages by the contractor based upon the Department of State Health Services'
				  (department) alleged breach of the contract.
(2) Commissioner--The commissioner of the
				  department.
(3) Contract--A written
				  agreement between the department and a contractor by the terms of which the
				  contractor agrees to provide goods or services, by sale or lease, to or for the
				  department.
(4)
				  Contractor--Independent contractor who has entered into a contract directly
				  with the department. The term does not include:
(A) the contractor's subcontractor, officer,
				  employee, agent, or other person furnishing goods or services to a contractor;
				  or
(B) an employee of the
				  department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.14 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures contained in this subchapter are exclusive
					 and required prerequisites to suit under Civil Practice and Remedies Code,
					 Chapter 107, and Government Code, Chapter 2260.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.15 - Notice of Claim of Breach of Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  contractor asserting a claim of breach of contract under Government Code,
				  Chapter 2260, shall file notice of the claim as provided by this
				  section.
(b) The notice of claim
				  shall:
(1) be in writing and signed by the
				  contractor or the contractor's authorized representative;
(2) be delivered by hand, certified mail
				  return receipt requested, or other verifiable delivery service, to the
				  commissioner or other officer of the Department of State Health Services
				  designated in the contract to receive a notice of claim of breach of contract
				  under Government Code, Chapter 2260; if no person is designated in the
				  contract, the notice shall be delivered to the Commissioner; and
(3) state the following in detail:
(A) the nature of the alleged breach of
				  contract, including the date of the event that the contractor asserts as the
				  basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
				  from the alleged breach, including the amount and method used to calculate
				  those damages; and
(C) the legal
				  theory of recovery, i.e., breach of contract, including the causal relationship
				  between the alleged breach and the damages claimed.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.16 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) To assert a
				  counterclaim under Government Code, Chapter 2260, the Department of State
				  Health Services (department) shall file notice of the counterclaim as provided
				  by this section.
(b) The notice of
				  counterclaim shall:
(1) be in
				  writing;
(2) be delivered by hand,
				  certified mail return receipt requested or other verifiable delivery service to
				  the contractor or representative of the contractor who signed the notice of
				  claim of breach of contract; and
(3) state the following in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets
				  sought, including the amount and method used to calculate those damages or
				  offsets; and
(C) the legal theory
				  supporting the counterclaim.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.17 - Request for Voluntary Disclosure of Additional Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the filing
				  of a claim or counterclaim, parties may request to review and copy information
				  in the possession or custody or subject to the control of the other party that
				  pertains to the contract claimed to have been breached, including, without
				  limitation, the following:
(1) accounting
				  records;
(2) correspondence,
				  including, without limitation, correspondence between the Department of State
				  Health Services (department) and outside consultants it utilized in preparing
				  its solicitation or any part thereof or in administering the contract, and
				  correspondence between the contractor and its subcontractors, materialmen, and
				  vendors;
(3) schedules;
(4) the parties' internal memoranda;
				  and
(5) documents created by the
				  contractor in preparing its offer to the department and documents created by
				  the department in analyzing the offers it received in response to a
				  solicitation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.18 - Timetable for Negotiation and Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Following receipt of a contractor's
				  notice of claim, the commissioner or other designated representative shall
				  review the contractor's claim(s) and the Department of State Health Services'
				  (department) counterclaim(s), if any, and initiate negotiations with the
				  contractor to attempt to resolve the claim(s) and counterclaim(s).
(b) The parties shall begin negotiations
				  within a reasonable period of time, not to exceed 120 days following the date
				  the department receives the contractor's notice of claim.
(c) The parties may conduct negotiations
				  according to an agreed schedule as long as they begin negotiations no later
				  than 120 days following the date the department receives contractor's notice of
				  claim.
(d) Subject to subsection
				  (e) of this section, the parties shall complete the negotiations that are
				  required by this subchapter as a prerequisite to a contractor's request for
				  contested case hearing no later than 270 days after the department receives the
				  contractor's notice of claim.
(e)
				  The parties may agree in writing to extend the time for negotiations on or
				  before the 270th day after the department receives the contractor's notice of
				  claim. The agreement shall be signed by representatives of the parties with
				  authority to bind each respective party and shall provide for the extension of
				  the statutory negotiation period until a date certain. The parties may enter
				  into a series of written extension agreements that comply with the requirements
				  of this section.
(f) The contractor
				  may request a contested case hearing before the State Office of Administrative
				  Hearings (SOAH) pursuant to §
										4.23
				  of this title (relating to Request for Contested Case Hearing) on or before the
				  270th day after the department receives the contractor's notice of claim, or
				  the expiration of any extension agreed to under subsection (d) of this
				  section.
(g) The parties may agree
				  to mediate the dispute at any time before the 120th day after the department
				  receives the contractor's notice of claim or before the expiration of any
				  extension agreed to by the parties pursuant to subsection (e) of this section.
				  A contractor and the department may mediate the dispute even after the case has
				  been referred to SOAH for a contested case. Any mediation shall be governed by
				  this subchapter.
(h) Nothing in
				  this section is intended to prevent the parties from agreeing to commence
				  negotiations earlier than the deadline established in subsection (b) of this
				  section, or from continuing or resuming negotiations after the contractor
				  requests a contested case hearing before SOAH.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.19 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  negotiation under this subchapter may be conducted by any method, technique, or
				  procedure authorized under the contract or agreed upon by the parties,
				  including, without limitation, negotiation in person, by telephone, by
				  correspondence, by video conference, or by any other method that permits that
				  parties to identify their respective positions, discuss their respective
				  differences, confer with their respective advisers, exchange offers of
				  settlement, and settle.
(b) The
				  parties may conduct negotiations with the assistance of one or more impartial
				  third parties. If the parties choose to mediate their dispute, the mediation
				  shall be conducted in accordance with this subchapter. Parties may choose an
				  assisted negotiation process other than mediation.
(c) To facilitate the meaningful evaluation
				  and negotiation of the claim(s) and any counterclaim(s), the parties may
				  exchange relevant documents that support their respective claims, defenses,
				  counterclaims or positions.
(d)
				  Material submitted pursuant to this section and claimed to be confidential by
				  the contractor shall be handled pursuant to the requirements of the Public
				  Information Act, Government Code, Chapter 552.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.20 - Settlement Approval Procedures for Negotiation

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
					 disclosed prior to, or at the beginning of, negotiations. To the extent
					 possible, the parties shall select negotiators who are knowledgeable about the
					 subject matter of the dispute, who are in a position to reach agreement, and
					 who can credibly recommend approval of an agreement.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.21 - Negotiated Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  settlement agreement may resolve an entire claim or any designated and
				  severable portion of a claim.
(b)
				  To be enforceable, a settlement agreement must be in writing and signed by
				  representatives of the contractor and the Department of State Health Services
				  who have authority to bind each respective party.
(c) A partial settlement does not waive the
				  parties' rights under Government Code, Chapter 2260, as to the parts of the
				  claims or counterclaims that are not resolved.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.22 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
					 responsible for its own costs incurred in connection with a negotiation,
					 including, without limitation, the costs of attorney's fees, consultant's fees,
					 and expert's fees.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.23 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If a claim for breach of contract is not
				  resolved in its entirety through negotiation, mediation or other assisted
				  negotiation process in accordance with this subchapter on or before the 270th
				  day after the Department of State Health Services (department) receives the
				  notice of claim, or after the expiration of any extension agreed to by the
				  parties pursuant to §
										4.18(d)
				  of this title (relating to Timetable for Negotiation and Mediation), the
				  contractor may file a request with the department for a contested case hearing
				  before the State Office of Administrative Hearings (SOAH).
(b) A request for a contested case hearing
				  shall state the legal and factual basis for the claim, and shall be delivered
				  to the commissioner or other officer designated in the contract to receive
				  notice within a reasonable time after the 270th day or the expiration of any
				  written extension agreed to pursuant to §
										4.18(e)
				  of this title.
(c) The department
				  shall forward the contractor's request for contested case hearing to SOAH
				  within a reasonable period of time, not to exceed thirty days, after receipt of
				  the request.
(d) The parties may
				  agree to submit the case to SOAH before the 270th day after the notice of claim
				  is received by the department if they have achieved a partial resolution of the
				  claim or if an impasse has been reached in the negotiations and proceeding to a
				  contested case hearing would serve the interests of justice.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 4 - DSHS CONTRACTING RULES › Subchapter B - CERTAIN CONTRACT CLAIMS AGAINST THE DEPARTMENT › Section 4.24 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor
				  and the Department of State Health Services (department) may agree to mediate a
				  claim through an impartial third party by including a contractual provision to
				  do so at the time of entering into a contract, or, absent a contractual
				  provision, by mutual agreement.
(b)
				  The mediation shall be governed by the provisions of the Governmental Dispute
				  Resolution Act, Government Code, Chapter 2009.
(c) The department and the contractor shall
				  select an impartial third party that is acceptable to both. The impartial third
				  party must:
(1) possess the qualifications
				  required under Civil Practice and Remedies Code, §
											154.052;
(2) be subject to the standards and duties
				  prescribed by Civil Practice and Remedies Code, §
											154.053;
				  and
(3) have the qualified immunity
				  prescribed by Civil Practice and Remedies Code, §
											154.055,
				  if applicable.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter A - RECRUITMENT OF PHYSICIANS TO UNDERSERVED AREAS › Section 13.1 - Priorities for Waiver Recommendations

Current through Reg. 49, No. 28; July 12, 2024
(a) Consistent with Health and Safety Code,
				  §
										12.0127, the
				  Texas Conrad 30 J-1 Visa Waiver Program (program) will identify priorities for
				  waiver recommendations and post the priorities on the Department of State
				  Health Services' website for the program by May 1 of each year.
(b) The program will identify priorities
				  based on the following criteria:
(1) the
				  physician specialty;
(2) the type
				  of shortage designation;
(3) the
				  degree of shortage relative to other areas in Texas;
(4) the health needs of the area relative to
				  other areas in Texas; and
(5) the
				  existence of an area described under Health and Safety Code, §
											12.0127(c)(1).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter A - RECRUITMENT OF PHYSICIANS TO UNDERSERVED AREAS › Section 13.2 - Application Fee

Current through Reg. 49, No. 28; July 12, 2024
The Department of State Health Services (department)
					 collects a fee of $2,500 to $5,000 for each application submitted to the Texas
					 Conrad 30 J-1 Visa Waiver Program (program). The program assesses the fee based
					 on its operating costs and posts the amount on the department's website for the
					 program by May 1 of each year. The refund policy is as follows:
(1) If the department recommends the waiver
				  to the U.S. Department of State, the department does not refund the application
				  fee.
(2) If the applicant withdraws
				  the application before the department recommends the waiver, the department
				  refunds 50% of the application fee.
(3) If the department does not recommend the
				  waiver, the department refunds 100% of the application fee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter B - DATA COLLECTION › Section 13.11 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the sections in this subchapter is to
					 implement Health and Safety Code, Chapter 104, Subchapter D, which requires the
					 department to adopt rules covering the collection of data from health care
					 facilities, such as hospitals, and the dissemination of data to facilitate
					 health planning and resource development; Health and Safety Code, Chapter 311,
					 Subchapters C and D concerning the collection and reporting of hospital
					 financial and utilization data including data regarding the provision of levels
					 of charity care by certain nonprofit hospitals, and the submission of an annual
					 report of a community benefits plan by certain nonprofit hospitals. The scope
					 of this subchapter is to describe the criteria and procedures which the
					 department will use in implementing data collection, dissemination, and
					 reporting requirements. This subchapter will cover the collection and
					 dissemination of data from the public or private hospitals that are included in
					 the definition of the term "health care facilities" in the Health and Safety
					 Code, Chapter 104, Subchapter A. The remaining entities included in the
					 definition of the term "health care facilities" are not covered by this
					 subchapter. If data covered by this subchapter will be collected from a public
					 or private hospital that is a general or special hospital licensed under the
					 Health and Safety Code, Chapter 241; a private mental hospital licensed under
					 the Health and Safety Code, Chapter 577; or a treatment facility licensed under
					 the Health and Safety Code, Chapter 464, the data will be collected under
					 authority of and in compliance with the requirements of the Health and Safety
					 Code, Chapters 104 and 311.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter B - DATA COLLECTION › Section 13.14 - Annual Survey of Hospitals (ASH) - Types of Data to Be Reported

Current through Reg. 49, No. 28; July 12, 2024
The types of ASH data which hospitals must submit to the
					 Department of State Health Services (department) through the online survey form
					 are as follows:
(1) reporting period
				  data reflecting the 12-month period covering the hospital's most recently
				  completed fiscal year;
(2)
				  organizational structure data reflecting the organization that is responsible
				  for establishing policy for the overall operation of the hospital; the
				  organization that owns the hospital's physical plant; the organization's
				  affiliation with the hospital and any hospital systems of which the hospital is
				  a part; and the type of service provided to the majority of
				  admissions;
(3) financial data
				  about a facility's revenues and expenses. Financial data is based on the
				  American Institute of Certified Public Accountants Hospital Audit Guide and on
				  generally accepted accounting principles for hospitals and is extracted from
				  the hospital's most recent annual financial statements as follows:
(A) total gross revenue, including Medicare
				  and Medicaid gross revenue, other revenue from state programs, revenue from
				  local government programs, local tax support, charitable contributions, other
				  third party payments, gross inpatient revenue and gross outpatient
				  revenue;
(B) total deductions from
				  gross revenue, including contractual allowances and any other
				  deductions;
(C) net patient
				  revenue;
(D) charity
				  care;
(E) bad debt expense;
				  and
(F) total assets and
				  liabilities;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter B - DATA COLLECTION › Section 13.15 - Survey Forms and Methods of Reporting Data

Current through Reg. 49, No. 28; July 12, 2024
(a) The hospital shall use the online survey
				  form specified by the Department of State Health Services (department) for
				  reporting purposes. The department shall provide access to an electronic survey
				  form, including instructions to each hospital on how to submit hospital data
				  electronically on an annual basis.
(b) The submitting of data for the Annual
				  Survey of Hospitals (ASH) and the Annual Statement of Community Benefits
				  Standard (ASCBS) will be collected by one online survey form; however, the
				  ASCBS will be required only for nonprofit hospitals. In addition, nonprofit
				  hospitals will be permitted to file the ASCBS at a separate date from filing of
				  the ASH data since state law requires the ASCBS to be filed no later than 120
				  days after the hospital's fiscal year ends and that date may not coincide with
				  the date for the ASH.
(c) The
				  hospitals shall complete all requested sections on the electronic survey form
				  and submit it electronically to the department within 60 days of receipt unless
				  the nonprofit hospital chooses to submit the ASCBS at a different date as
				  allowed by Chapter 311. The hospitals shall submit data for the hospitals' most
				  recently completed fiscal year. A copy of the hospital's eligibility system and
				  any other information requested shall be sent to the department by regular
				  mail.
(d) The department may
				  request missing or incomplete data by written or telephone request. Hospitals
				  shall complete all requested follow-up in the time frame specified by the
				  department.
(e) A hospital may, but
				  is not required to, provide the data for the ASH if the hospital:
(1) is exempt from state franchise, sales, ad
				  valorem, or other state or local taxes; and
(2) does not seek or receive reimbursement
				  for providing health care services to patients from any source, including:
(A) the patient or any person legally
				  obligated to support the patient;
(B) a third party payor; or
(C) Medicaid, Medicare, or any other federal,
				  state, or local program for indigent health care.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter B - DATA COLLECTION › Section 13.16 - Verification Report

Current through Reg. 49, No. 28; July 12, 2024
The department shall send each reporting hospital a copy of
					 its data verification report prior to the publication of the results of the
					 Annual Survey of Hospitals. The hospital shall review the contents of the
					 verification report provided by the department. If modifications to the report
					 are necessary, the appropriate changes shall be made on the report, and the
					 hospital administrator shall sign and return the report to the department
					 within 31 days of receipt. If no changes are reported within 31 days, the
					 department shall consider the hospital's report verified.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter B - DATA COLLECTION › Section 13.17 - Duties of Nonprofit Hospitals under Health and Safety Code, Chapter 311

Current through Reg. 49, No. 28; July 12, 2024
(a) Annual report
				  of the Community Benefits Plan (CBP).
(1) The
				  annual CBP report may be filed with the department on a hospital or hospital
				  system basis. A CBP developed by a hospital serves as a hospital's operational
				  plan for serving the community's health care needs and sets out goals and
				  objectives for providing community benefits that include charity care and
				  government-sponsored indigent health care.
(2) A nonprofit hospital or hospital system
				  shall file an annual CBP report with the department no later than April 30 of
				  the following year.
(3) The
				  nonprofit hospital's or hospital system's annual CBP report must include, at a
				  minimum:
(A) the hospital's or hospital
				  system's mission statement;
(B) a
				  disclosure of the health care needs of the community that were considered in
				  developing the CBP;
(C) a
				  disclosure of the amount and types of community benefits, including charity
				  care, actually provided. Charity care shall be reported as a separate item from
				  other community benefits;
(D) a
				  statement of its total operating expenses computed in accordance with generally
				  accepted accounting principles for hospitals from the most recent completed and
				  audited prior fiscal year of the hospital; and
(E) a completed worksheet that computes the
				  ratio of cost to charge for the fiscal year referred to in subparagraph (D) of
				  this paragraph and that includes the same requirements as Worksheet 1-A adopted
				  by the department in August 1994 for the 1994 "Annual Statement of Community
				  Benefits Standard".
(4)
				  In addition to the annual CBP report, a nonprofit hospital or hospital system
				  shall file a completed worksheet as required by paragraph (3)(E) of this
				  subsection no later than ten working days after the date the hospital or
				  hospital system files its Medicare cost report.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter B - DATA COLLECTION › Section 13.18 - Noncompliance with Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Reporting of data on the online survey
				  form for the Annual Survey of Hospitals (ASH).
(1) If a hospital does not submit the
				  completed online survey form to the Department of State Health Services
				  (department) within the 60-day reporting period and in accordance with §
											13.15
				  of this title (relating to Survey Forms and Methods of Reporting Data), the
				  department may institute the following procedures.
(A) The department will notify the entity in
				  writing by certified mail, return receipt requested, that the entity is in
				  noncompliance with department reporting requirements and may be in violation of
				  the Health and Safety Code, Chapter 104. The written notification will also
				  state that the commissioner may request that the attorney general institute and
				  conduct a suit in the name of the state to recover civil penalties if the
				  hospital fails to submit the requested data to the department within 30 days of
				  the date the entity received the notification letter.
(B) If the department does not receive the
				  requested data from the non-responding hospital within the specified time
				  frame, the commissioner may notify the attorney general in writing of the
				  entity's noncompliance. The department will send a copy of the written
				  notification to the hospital.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter B - DATA COLLECTION › Section 13.19 - Confidential Data

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  data received by the Department of State Health Services (department) from a
				  hospital is confidential under authority of the Health and Safety Code,
				  Chapters 104 and 311:
(1) information
				  relating to a specific patient; and
(2) financial information relating to a
				  provider or hospital that was submitted prior to September 1, 1987. All
				  financial data regarding a provider or facility submitted after September 1,
				  1987, are no longer confidential.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter C - DESIGNATION OF PRACTICES SERVING MEDICALLY UNDERSERVED POPULATIONS › Section 13.31 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of these sections is to implement the provisions in the Texas
				  Occupations Code, §
										157.051(11)(F),
				  by the establishment of program rules for the designation of practices serving
				  medically underserved populations (Practice-MUPs).
(b) Scope. The scope of these sections is to
				  describe the criteria and procedures that the Department of State Health
				  Services (department) will use in designating Practice-MUPs. The criteria will
				  apply to practices not already qualified under the other definitions of
				  eligible practices identified in the Texas Occupations Code, §
										157.051(11).
(c) Administration. The department shall
				  designate Practice-MUPs.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter C - DESIGNATION OF PRACTICES SERVING MEDICALLY UNDERSERVED POPULATIONS › Section 13.32 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in these sections,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Area--A county, census
				  tract, group of census tracts, or other identifiable geographic area in which
				  the majority of the practice's patients live.
(2) Department--The Department of State
				  Health Services.
(3) Eligible
				  client populations--Residents meeting the eligibility criteria for
				  participation in any of the following programs:
(A) federally funded health care programs,
				  including, but not limited to: AIDS (health care delivery programs); community
				  and migrant health centers (Public Health Service Act, §§329 and 330
				  grantees); family planning; homeless (including Public Health Service Act,
				  §340 grantees); Medicaid; or Medicare;
(B) state funded health care programs,
				  including, but not limited to: AIDS (health care delivery programs); children
				  with special health care needs (CSHCN); Medicaid; state primary health care; or
				  student health centers (state funded colleges and universities); or
(C) locally funded health care programs,
				  including, but not limited to: locally supported nonprofit health care
				  programs; programs funded by city or county governmental entities; or programs
				  funded by hospital districts.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter C - DESIGNATION OF PRACTICES SERVING MEDICALLY UNDERSERVED POPULATIONS › Section 13.33 - Criteria for Designating Practice-MUPs

Current through Reg. 49, No. 28; July 12, 2024
(a) The department will designate a practice
				  located in an area that has an insufficient number of primary care physicians
				  providing services to the eligible client populations if it is determined that:
(1) the ratio of population-to-primary care
				  physicians for the practice's service area is above 3,000:1; or
(2) the ratio of population-to-primary care
				  physicians is above 3,000:1 for the geographic area surrounding the practice .
				  This applies to practices that draw patients from a broad geographic area, such
				  as an entire city or county, where the practice's total service areas may not
				  have a ratio above 3,000:1 as required under paragraph (1) of this subsection,
				  but the practice may be located in an area with a shortage of primary care
				  physicians.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter C - DESIGNATION OF PRACTICES SERVING MEDICALLY UNDERSERVED POPULATIONS › Section 13.34 - Application Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants must
				  submit an application form, provided by the department, which includes the
				  following information:
(1) identification of
				  the geographic area and types of eligible client populations served by the
				  practice ;
(2) a description of the
				  types of services offered at the practice ;
(3) adequate demonstration that the practice
				  meets criteria in §
											13.33(a) or (b)
				  of this title (relating to Criteria for Designating Practice-MUPs );
				  and
(4) additional information, as
				  determined necessary by the department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter C - DESIGNATION OF PRACTICES SERVING MEDICALLY UNDERSERVED POPULATIONS › Section 13.35 - Changes in Status of Practice-MUP Designation

Current through Reg. 49, No. 28; July 12, 2024
(a) Certification of continued eligibility.
				  The department shall verify a practice's continued eligibility for designation
				  as a Practice-MUP under §
										13.33 of this title (relating to
				  Criteria for Designating Practice-MUPs) no more than two years after its
				  initial designation and within each two-year period thereafter.
(b) Change in designation eligibility. If a
				  Practice-MUP no longer serves an area or client population eligible under
				  §
										13.33 of this title, that practice
				  shall notify the department of its change in eligibility and the department
				  shall withdraw that Practice-MUP's designation.
(c) Change in location of a designated
				  practice. If a Practice-MUP changes locations, the designation remains in
				  effect if an applicant verifies that the new location:
(1) remains in the original service
				  area;
(2) provides the same
				  services; and
(3) serves the same
				  populations that were originally used to designate the practice under §
											13.34(a)(1) or
				  (2) of this title (relating to Application
				  Process).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter D - LIMITED LIABILITY CERTIFICATION › Section 13.41 - Limited Liability Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section provides the
				  criteria and procedures the department uses to determine a nonprofit hospital's
				  or hospital system's eligibility for limited liability certification by the
				  department.
(b) Authority. This
				  section is authorized by Health and Safety Code, §
										311.0456
				  (§311.0456), which requires the department to receive, determine
				  eligibility, and certify limited liability status for nonprofit hospitals or
				  hospital systems that meet the requirements of these sections.
(c) Definitions. Terms used in this
				  subchapter have the following meanings, unless the context clearly indicates
				  otherwise. Terms not defined have their common meanings.
(1) Department--The Department of State
				  Health Services.
(2) Charity
				  care--Is defined in Health and Safety Code, §
											311.031(2).
(3) Net patient revenue--Is defined in Health
				  and Safety Code, §
											311.042(8).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter E - DATA COLLECTION › Section 13.51 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the sections in this subchapter is to
					 implement Texas Health and Safety Code, Chapters 104 and 105, that provides the
					 department, through the executive commissioner of the Health and Human Services
					 Commission, rulemaking authority covering the collection of data by the
					 Statewide Health Coordinating Council and the Health Professions Resource
					 Center. The scope of this subchapter is to describe the criteria and procedures
					 which the department uses in implementing data collection requirements of the
					 relevant members of the Health Professions Council.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter E - DATA COLLECTION › Section 13.52 - Data Collection Procedures

Current through Reg. 49, No. 28; July 12, 2024
The department uses these procedures to collect data from
					 the relevant members of the Health Professions Council described by Texas
					 Health and Safety Code, §
										105.003.
(1) To initiate data collection, the
				  department submits a reasonably detailed request to a relevant member of the
				  Health Professions Council. The request is submitted using the method
				  prescribed by that member.
(2) The
				  relevant member of the Health Professions Council receiving the request
				  fulfills the request within a reasonable period of time, excepting:
(A) if that member is unable to fulfill the
				  request as submitted, that member notifies the department of any necessary
				  revisions to the initial request and the department submits a revised request;
				  or
(B) if that member is unable to
				  fulfill the request within a reasonable period of time, that member notifies
				  the department of the reason for delay and the date by which the request will
				  be fulfilled.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter G - WORKPLACE VIOLENCE AGAINST NURSES PREVENTION GRANT PROGRAM › Section 13.81 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to implement Texas Health and Safety Code, § 105.011.
				  The Workplace Violence Against Nurses Prevention Grant Program authorizes the
				  Department of State Health Services to award grant payments to fund innovative
				  approaches aimed at reducing verbal and physical violence against nurses in
				  hospitals, freestanding emergency medical care facilities, nursing facilities,
				  and home health agencies.
(b) Grant
				  funds awarded under this subchapter may only be spent on a program intended to
				  identify and implement efforts to reduce verbal and physical violence against
				  nurses in hospitals, freestanding emergency medical care facilities, nursing
				  facilities, and home health agencies.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter G - WORKPLACE VIOLENCE AGAINST NURSES PREVENTION GRANT PROGRAM › Section 13.82 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Administer--Includes the proposal, development, and implementation of a
				  program, within the parameters of the Request for Applications.
(2) Department--The Texas Department of State
				  Health Services.
(3) Health care
				  facility--Includes any of the following, as defined in Texas Health and Safety
				  Code, § 105.001:
(A) "Freestanding
				  emergency medical care facility" means a facility licensed under Texas Health
				  and Safety Code, Chapter 254.
(B)
				  "Home health agency" means a home and community support services agency
				  licensed under Texas Health and Safety Code, Chapter 142.
(C) "Hospital" means a:
(i) general or special hospital licensed
				  under Texas Health and Safety Code, Chapter 241;
(ii) private mental hospital licensed under
				  Texas Health and Safety Code, Chapter 577; or
(iii) hospital that is maintained or operated
				  by this state or an agency of this state.
(D) "Nursing facility" means an institution
				  licensed under Texas Health and Safety Code, Chapter 242.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter G - WORKPLACE VIOLENCE AGAINST NURSES PREVENTION GRANT PROGRAM › Section 13.83 - Grant Application Procedures

Current through Reg. 49, No. 28; July 12, 2024
To qualify for funding consideration, each eligible
					 applicant must submit an application to department staff identified in the RFA.
					 Each application must:
(1) be
				  submitted electronically in a format specified in the RFA;
(2) adhere to the grant program requirements
				  and the funding priorities contained in the RFA; and
(3) be submitted with proper authorization on
				  or before the date and time specified by the department in the RFA.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter G - WORKPLACE VIOLENCE AGAINST NURSES PREVENTION GRANT PROGRAM › Section 13.84 - Program Funding and Award Amounts

Current through Reg. 49, No. 28; July 12, 2024
The maximum amount of funding available to the program is
					 dependent on the extent funding is available through fees collected under Texas
					 Occupations Code, § 301.155(c) for each biennium. Maximum and minimum
					 award levels and maximum number of awards will be specified in each
					 RFA.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter G - WORKPLACE VIOLENCE AGAINST NURSES PREVENTION GRANT PROGRAM › Section 13.85 - Award Criteria and Selection for Funding

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicants shall be selected for funding
				  on a competitive basis.
(b) An
				  application must meet the requirements of the RFA and be submitted with proper
				  authorization on or before the day and time specified by the RFA to qualify for
				  further consideration.
(c) A
				  taskforce assigned by the Nursing Advisory Committee, defined by Texas Health
				  and Safety Code, § 104.0155, will review and evaluate the proposals.
				  Proposals will be scored by the taskforce and the taskforce will make
				  recommendations to the department for grant awards.
(d) Each application shall:
(1) provide a detailed explanation of the
				  applicant's workplace violence prevention program, including:
(A) a timeline for development and
				  implementation;
(B) a description
				  of the population identified to participate in the program;
(C) a detailed budget; and
(D) detailed information related to
				  administration and support for the program;
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter G - WORKPLACE VIOLENCE AGAINST NURSES PREVENTION GRANT PROGRAM › Section 13.86 - General Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Cancellation or Suspension of Grant Solicitations. The department has the right
				  to cancel or suspend a grant solicitation or RFA for any reason.
(b) Notice of Grant Award (NOGA). Before
				  release of funds, the successful applicants must sign a NOGA issued by
				  department staff.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 13 - HEALTH PLANNING AND RESOURCE DEVELOPMENT › Subchapter G - WORKPLACE VIOLENCE AGAINST NURSES PREVENTION GRANT PROGRAM › Section 13.87 - Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) Each grant
				  recipient shall provide reports to the department as required by the RFA. The
				  reports must include descriptions of the following:
(1) activities funded through the
				  grant;
(2) the change in the
				  severity and frequency of verbal and physical violence against
				  nurses;
(3) program performance
				  based on stated performance metrics; and
(4) budget expenditures.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 27 - CASE MANAGEMENT FOR CHILDREN AND PREGNANT WOMEN › Subchapter A - GENERAL PROVISIONS › Section 27.1 - Purpose and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Case
				  Management for Children and Pregnant Women is a Medicaid benefit that assists
				  eligible clients in gaining access to the necessary medical, social,
				  educational, and other service needs related to their health condition/health
				  risk or, for a pregnant women, a high-risk condition. The Department of State
				  Health Services (department), by authorization of the Health and Human Services
				  Commission (HHSC), operates and administers the components of this
				  program.
(b) The rules in this
				  chapter apply to Case Management for Children and Pregnant Women services,
				  client eligibility for these services, provider qualifications to provide these
				  services, and oversight of the administration of Case Management for Children
				  and Pregnant Women services.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 27 - CASE MANAGEMENT FOR CHILDREN AND PREGNANT WOMEN › Subchapter B - CLIENT SERVICES › Section 27.5 - Client Eligibility

Current through Reg. 49, No. 28; July 12, 2024
A client eligible for services under this chapter must be
					 either a child with a health condition/health risk or a pregnant woman with a
					 high-risk condition who:
(1) is
				  Medicaid-eligible in Texas;
(2) is
				  in need of Case Management for Children and Pregnant Women services;
				  and
(3) desires such
				  services.