reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.353 - Training Requirements

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program will provide initial and ongoing
						training on guardianship and less restrictive alternatives for employees and
						volunteers. Training topics will include, but not be limited to, guardianship
						laws, disability and aging issues, medical treatment, medication issues, end of
						life decisions, housing alternatives, money management alternatives, case
						management techniques, the general durable power of attorney, and advance
						directives under Chapter 166 of the Health and Safety Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.355 - Conflicts of Interest

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program will develop procedures and
						policies to avoid potential conflicts of interest, which should promote the
						best interests of the clients of the guardianship program as the guardianship
						program's first priority.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.357 - Referral, Intake, and Assessments

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Referral. A guardianship program will develop a procedure for accepting
					 referrals and disseminating the referral information to local courts,
					 hospitals, adult protective services, nursing facilities, area agencies on
					 aging, assisted living facilities, bar associations, legal services (legal aid)
					 offices, and other potential referral sources. Referral procedures must be
					 designed to avoid situations in which the guardianship program will be
					 referring clients to itself.
(b)
					 Intake. A guardianship program will develop eligibility guidelines for the
					 clients to whom services may be provided by the guardianship program. A
					 guardianship program will not accept any guardianship appointment or make any
					 agreement to provide less restrictive alternative services that the
					 guardianship program cannot handle or provide in a competent manner. Intake
					 procedures will be designed to collect sufficient information to determine the
					 least restrictive alternative available to the client and to proceed with the
					 appropriate services as soon as possible.
(c) Assessment. As soon as possible after
					 receiving a referral, a guardianship program will assess a client to determine
					 the following:
(1) whether there is any
					 immediate risk of abuse, neglect, or exploitation to the client;
(2) how the client's incapacity, if any,
					 affects the client's ability to make reasonably prudent decisions;
(3) what limitation of the client's rights,
					 if any, would be in the client's best interests;
(4) what powers a guardian would need to
					 protect the best interests of the client; and
(5) what tasks need to be included in the
					 care plan for the client.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.359 - Prioritization of Potential Clients on Waiting Lists

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program should make every effort to
						provide a guardian or to provide less restrictive alternative services for a
						potential client as soon as possible. If a potential client cannot be served at
						the time the services are needed, a guardianship program must consider the
						degree of risk to a potential client's health, safety, and resources in
						determining his or her priority on a waiting list. Any assessment of the
						potential client will include an assessment of the risk to the client of
						delaying services. A guardianship program will also maintain a policy that will
						insure that persons on waiting lists are reassessed at frequent intervals in
						order to reprioritize cases with changed circumstances as
						needed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.361 - Responsibility for Burial or Cremation

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program should consider plans for burial
						or cremation for its guardianship clients, and, whenever possible, should
						consult such clients concerning the client's wishes with regard to this matter.
						Whenever possible, a guardianship program should make burial or cremation
						arrangements in advance of need. A guardianship program should develop a
						procedure for contacting local charitable or public burial or cremation
						resources for those guardianship clients without assets to make these
						arrangements.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.363 - Evaluation and Monitoring of Caseloads

Current through Reg. 49, No. 28; July 12, 2024
A guardianship program will maintain procedures to
						monitor and evaluate its guardianship and less restrictive alternative services
						caseloads to insure that all its clients are receiving quality services. These
						procedures must include provisions for periodic interaction between supervisory
						staff and guardians, record keeping requirements, random audits of individual
						case records, interviews with clients and service providers, and other
						appropriate measures.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.365 - Personal Care Plans for Guardianship Clients

Current through Reg. 49, No. 28; July 12, 2024
After a guardianship program or one of its members is
						appointed as a guardian of the person, the guardianship program will develop a
						care plan to address the client's personal needs.
(1) Guardian of the Person Care Plans. The
					 care plan should address the powers, duties, and responsibilities given to the
					 guardian of the person by the court's order appointing the guardian. If the
					 court's order states that the guardian of the person has full authority, the
					 care plan should address the powers, duties, and responsibilities given to the
					 guardian of the person by section
					 RSA 767, Probate Code,
					 Powers and Duties of Guardians of the Person, and other applicable sections of
					 Chapter 13, Probate Code, concerning guardianships. The care plan may also
					 include the following:
(A) monitoring
					 services being provided to the client;
(B) providing appropriate clothing for the
					 client;
(C) arranging for medical
					 care, dental care, psychiatric care, and rehabilitation services as
					 necessary;
(D) arranging for
					 education and/or employment opportunities when appropriate;
(E) monitoring the nutrition of the
					 client;
(F) obtaining safe and
					 secure housing; and
(G) obtaining
					 needed public benefits, if there is no guardian of the estate or other person
					 charged with securing those benefits.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 381 - GUARDIANSHIP SERVICES › Subchapter D - STANDARDS FOR GUARDIANSHIP PROGRAMS › Division 4 - GUARDIANSHIP PROGRAMS AND CLIENT SERVICES › Section 381.367 - Financial Care Plans for Guardianship Clients

Current through Reg. 49, No. 28; July 12, 2024
After a guardianship program or one of its members is
						appointed as a guardian of the estate, the guardianship program will develop a
						care plan to address the client's financial needs.
(1) Guardian of the Estate Care Plans. The
					 care plan should address the powers, duties, and responsibilities given to the
					 guardian of the estate by the court's order appointing the guardian. If the
					 court's order states that the guardian of the person has full authority, the
					 care plan should address the powers, duties, and responsibilities given to the
					 guardian of the estate by section
					 RSA 768, Probate Code,
					 General Powers and Duties of Guardian of the Estate, and other applicable
					 sections in Chapter 13, Probate Code, concerning guardianships. The care plan
					 may also include the following:
(A) applying
					 for a monthly allowance for the client's ongoing financial needs;
(B) filing an inventory, appraisal, and list
					 of claims, as required by section
					 RSA 729, Probate Code,
					 Inventory and Appraisement;
(C)
					 changing existing bank accounts to reflect the guardianship or creating new
					 bank accounts in the name of the guardian on behalf of the client;
					 and
(D) developing a long-term
					 financial plan to manage the client's assets to provide for the best care for
					 the client during the client's projected lifetime.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.1 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) Governing rules. This subchapter sets out
				  rules governing the administration of the Healthy Texas Women program
				  (HTW).
(b) Authority. This
				  subchapter is authorized generally by Texas Government Code §
				  531.0201(a)(2)(C), which transfers client services functions performed by the
				  Texas Department of State Health Services to HHSC, and Texas Government Code
				  § 531.0204, which requires the HHSC Executive Commissioner to develop a
				  transition plan which includes an outline of HHSC's reorganized structure and a
				  definition of client services functions.
(c) Objectives. HTW is established to achieve
				  the following overarching objectives:
(1) to
				  increase access to women's health and family planning services to:
(A) avert unintended pregnancies;
(B) positively affect the outcome of future
				  pregnancies; and
(C) positively
				  impact the health and wellbeing of women and their families;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.3 - Non-Entitlement and Availability

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  entitlement. This subchapter does not establish an entitlement to the services
				  described in this subchapter.
(b)
				  Fund availability. The services described in this subchapter are subject to the
				  availability of appropriated funds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings unless the context clearly indicates
					 otherwise.
(1) Affiliate--
(A) An individual or entity that has a legal
				  relationship with another entity, which relationship is created or governed by
				  at least one written instrument that demonstrates:
(i) common ownership, management, or
				  control;
(ii) a franchise;
				  or
(iii) the granting or extension
				  of a license or other agreement that authorizes the affiliate to use the other
				  entity's brand name, trademark, service mark, or other registered
				  identification mark.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.7 - Client Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Criteria. A
				  female is eligible to receive services through HTW if she:
(1) meets the following age requirements:
(A) is 18 through 44 years of age, inclusive;
				  or
(B) is 15 through 17 years of
				  age, inclusive, and has a parent or legal guardian apply, renew, and report
				  changes to her case on her behalf;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.9 - Application and Renewal Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Application. A female, or a parent or legal guardian acting on her behalf if
				  she is 15 through 17 years of age, inclusive, may apply for HTW services by
				  completing an application form and providing documentation as required by HHSC.
(1) An applicant may obtain an application in
				  the following ways:
(A) from a local benefits
				  office of HHSC, an HTW provider's office, or any other location that makes HTW
				  applications available;
(B) from
				  the HTW or HHSC website;
(C) by
				  calling 2-1-1; or
(D) by any other
				  means approved by HHSC.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.11 - Financial Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Calculating countable income. Unless an applicant is adjunctively eligible as
				  described in subsection (b) of this section, HHSC determines an applicant's
				  financial eligibility by calculating the applicant's countable income. To
				  determine countable income, HHSC adds the incomes listed in paragraph (1) of
				  this subsection, less any deductions listed in paragraph (2) of this
				  subsection, and exempting any amounts listed in paragraph (3) of this
				  subsection.
(1) To determine income
				  eligibility, HHSC counts the income of the following individuals if living
				  together:
(A) the female age 18 through 44,
				  inclusive, applying for HTW;
(i) the female's
				  spouse; and
(ii) the female's
				  children age 18 and younger; or
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.13 - Denial, Suspension, or Termination of Services and Client Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice and opportunity for hearing. HHSC
				  may deny, suspend, or terminate services to an applicant or client if it
				  determines that the applicant or client is ineligible to participate in
				  HTW.
(b) Notice and opportunity for
				  a fair hearing. Before HHSC finalizes the denial, suspension, or termination
				  under subsection (a) of this section, the applicant or client is notified and
				  provided an opportunity for a fair hearing in accordance with Chapter 357,
				  Subchapter A, of this title (relating to Uniform Fair Hearing Rules).
(c) Appeal procedures. An applicant or client
				  who is aggrieved by the denial, suspension, or termination of services under
				  subsection (a) of this section may appeal the decision in accordance with
				  Chapter 357, Subchapter A of this title. An applicant or client may not appeal
				  a decision to deny, suspend, or terminate services if the decision is the
				  result of a decision by the State to reduce or stop funding the
				  program.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.15 - Covered and Non-Covered Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Covered services. Services provided through HTW include:
(1) health history and physical;
(2) counseling and education;
(3) laboratory testing;
(4) provision of a contraceptive
				  method;
(5) pregnancy
				  tests;
(6) sexually transmitted
				  infection screenings and treatment;
(7) referrals for additional services, as
				  needed;
(8)
				  immunizations;
(9) breast and
				  cervical cancer screening and diagnostic services; and
(10) other services subject to available
				  funding.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.17 - Health-Care Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Procedures. An
				  HTW provider must:
(1) be enrolled as a
				  Medicaid provider in accordance with Chapter 352 of this title (relating to
				  Medicaid and Children's Health Insurance Program Provider
				  Enrollment);
(2) complete the HTW
				  certification process as described in subsection (e) of this section;
				  and
(3) comply with the
				  requirements set out in Chapter 354, Subchapter A, Division 1 of this title
				  (relating to Medicaid Procedures for Providers).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.19 - Prohibition of Abortion

Current through Reg. 49, No. 28; July 12, 2024
Abortion is not considered a method of family planning, and
					 no state funds appropriated for HTW family planning services are used to pay
					 the direct or indirect costs (including overhead, rent, phones, equipment, and
					 utilities) of abortion procedures.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.21 - Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) Reimbursement.
(1) Covered services provided through HTW are
				  reimbursed in accordance with Chapter 355 of this title (relating to
				  Reimbursement Rates).
(2) Entities
				  that contract with HHSC to provide additional services related to HTW that are
				  separate from services referenced in paragraph (1) of this subsection are
				  reimbursed by HHSC in compliance with program standards, policy and procedures,
				  and contract requirements unless payment is prohibited by law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.23 - Health-Care Provider's Request for Review of Claim Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) Review of denied claim. An HTW provider
				  may request a review of a denied claim. The request must be submitted as an
				  administrative appeal under Chapter 354, Subchapter I, Division 3 of this title
				  (relating to Appeals).
(b) Appeal
				  procedures. An administrative appeal is subject to the timelines and procedures
				  set out in Chapter 354, Subchapter I, Division 3 of this title and all other
				  procedures and timelines applicable to a health-care provider's appeal of a
				  Medicaid claim denial.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.25 - Confidentiality and Consent

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Confidentiality required. An HTW provider must maintain all health care
				  information as confidential to the extent required by law.
(b) Written release authorization. Before an
				  HTW provider may release any information that might identify a particular
				  client, that client must authorize the release in writing. If the client is 15
				  through 17 years of age, inclusive, the client's parent, managing conservator,
				  or guardian, as authorized by Chapter 32 of the Texas Family Code or by federal
				  law or regulations, must authorize the release.
(c) Confidentiality training. An HTW
				  provider's staff (paid and unpaid) must be informed during orientation of the
				  importance of keeping client information confidential.
(d) Records monitoring. An HTW provider must
				  monitor client records to ensure that only appropriate staff and HHSC may
				  access the records.
(e) Assurance
				  of confidentiality. An HTW provider must verbally assure each client that her
				  records are confidential and must explain the meaning of
				  confidentiality.
(f) Consent for
				  minors. HTW services must be provided with consent from the minor's parent,
				  managing conservator, or guardian only as authorized by Texas Family Code,
				  Chapter 32, or by federal law or regulations.
(g) An HTW provider may not require consent
				  for family planning services from the spouse of a married client.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.27 - Audits and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Compliance
				  audits. HHSC may audit any HTW provider to verify compliance with any
				  applicable law or regulation.
(b)
				  Reporting duties. An HTW provider must submit information to HHSC as HHSC
				  requires.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter A - HEALTHY TEXAS WOMEN › Section 382.29 - Severability

Current through Reg. 49, No. 28; July 12, 2024
(a) Legislative intent. The Texas
				  Legislature, in enacting Texas Human Resources Code §
										RSA
				  32.024(c-1),
				  confirmed its intent that the Healthy Texas Women program, as successor to the
				  Medicaid Women's Health Program, must be operated only in a manner that ensures
				  that no funds spent under the program are:
(1)
				  spent to perform or promote elective abortions; or
(2) used to contract with entities that
				  perform or promote elective abortions or affiliates of such entities.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.101 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) Governing rules. This subchapter sets out
				  rules governing the administration of the HHSC Family Planning Program. This
				  program is separate from family planning services provided through
				  Medicaid.
(b) Authority. This
				  subchapter is authorized generally by Texas Government Code §
				  531.0201(a)(2)(C), which transfers client services functions performed by the
				  Texas Department of State Health Services to HHSC, and Texas Government Code
				  § 531.0204 which requires the HHSC Executive Commissioner to develop a
				  transition plan which includes an outline of HHSC's reorganized structure and a
				  definition of client services functions.
(c) Objectives. The HHSC Family Planning
				  Program is established to achieve the following overarching objectives:
(1) to increase access to health and family
				  planning services to:
(A) avert unintended
				  pregnancies;
(B) positively affect
				  the outcome of future pregnancies; and
(C) positively impact the health and
				  well-being of women and their families;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.103 - Non-Entitlement and Availability

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  entitlement. This subchapter does not establish an entitlement to the services
				  described in this subchapter.
(b)
				  Fund availability. The services described in this subchapter are subject to the
				  availability of appropriated funds.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.105 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings unless the context clearly indicates
					 otherwise.
(1) Affiliate--
(A) An individual or entity that has a legal
				  relationship with another entity, which relationship is created or governed by
				  at least one written instrument that demonstrates:
(i) common ownership, management, or
				  control;
(ii) a franchise;
				  or
(iii) the granting or extension
				  of a license or other agreement that authorizes the affiliate to use the other
				  entity's brand name, trademark, service mark, or other registered
				  identification mark.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.107 - Client Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Criteria. A
				  male or female is eligible to receive services through FPP if:
(1) he or she is 64 years of age or
				  younger;
(2) he or she resides in
				  Texas; and
(3) has countable income
				  (as calculated under § 382.109 of this subchapter (relating to Financial
				  Eligibility Requirements) that does not exceed 250 percent of the federal
				  poverty level (FPL).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.109 - Financial Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
Calculating countable income. FPP determines an applicant's
					 financial eligibility by calculating the applicant's countable income. To
					 determine countable income, FPP adds the incomes listed in paragraph (1) of
					 this section, less any deductions listed in paragraph (2) of this section, and
					 exempting any amounts listed in paragraph (3) of this section.
(1) To determine income eligibility, FPP
				  counts the income of the following individuals if living together:
(A) the individual age 18 through 64,
				  inclusive, applying for FPP;
(i) the
				  individual's spouse; and
(ii) the
				  individual's children age 18 and younger; or
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.111 - Denial, Suspension, or Termination of Services and Client Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice and opportunity for hearing. HHSC
				  may deny, suspend, or terminate services to an applicant or client if it
				  determines that the applicant or client is ineligible to participate in
				  FPP.
(b) Notice and opportunity for
				  a fair hearing. Before HHSC finalizes the denial, suspension, or termination
				  under subsection (a) of this section, the applicant or client is notified and
				  provided an opportunity for a fair hearing in accordance with Chapter 357,
				  Subchapter A of this title (relating to Uniform Fair Hearing Rules).
(c) Appeal procedures. An applicant or client
				  who is aggrieved by the denial, suspension, or termination of services under
				  subsection (a) of this section may appeal the decision in accordance with
				  Chapter 357, Subchapter A of this title. An applicant or client may not appeal
				  a decision to deny, suspend, or terminate services if the decision is the
				  result of a decision by the State to reduce or stop funding the
				  program.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.113 - Covered and Non-Covered Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Covered services. Services provided through FPP include:
(1) health history and physical;
(2) counseling and education;
(3) laboratory testing;
(4) provision of a contraceptive
				  method;
(5) pregnancy
				  tests;
(6) sexually transmitted
				  infection screenings and treatment;
(7) referrals for additional services, as
				  needed;
(8)
				  immunizations;
(9) breast and
				  cervical cancer screening and diagnostic services;
(10) prenatal services; and
(11) other services subject to available
				  funding.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.115 - Family Planning Program Health-Care Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Procedures. An FPP health-care provider
				  must:
(1) be enrolled as a Medicaid provider
				  in accordance with Chapter 352 of this title (relating to Medicaid and
				  Children's Health Insurance Program Provider Enrollment);
(2) must complete the FPP certification
				  process as described in subsection (g) of this section; and
(3) must comply with the requirements set out
				  in Chapter 354, Subchapter A, Division 1 of this title (relating to Medicaid
				  Procedures for Providers).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.117 - Prohibition of Abortion

Current through Reg. 49, No. 28; July 12, 2024
Abortion is not considered a method of family planning, and
					 no state funds appropriated for the FPP are used to pay the direct or indirect
					 costs (including overhead, rent, phones, equipment, and utilities) of abortion
					 procedures.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.119 - Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) Reimbursement.
(1) Covered services provided through FPP are
				  reimbursed in accordance with Chapter 355 of this title (relating to
				  Reimbursement Rates).
(2) Entities
				  that contract with HHSC to provide additional services related to family
				  planning that are separate from services referenced in paragraph (1) of this
				  subsection are reimbursed by HHSC in compliance with program standards, policy
				  and procedures, and contract requirements unless payment is prohibited by
				  law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.121 - Provider's Request for Review of Claim Denial

Current through Reg. 49, No. 28; July 12, 2024
(a) Review of denied claim. An FPP
				  health-care provider may request a review of a denied claim. The request must
				  be submitted as an administrative appeal under Chapter 354, Subchapter I,
				  Division 3 of this title (relating to Appeals).
(b) Appeal procedures. An administrative
				  appeal is subject to the timelines and procedures set out in Chapter 354,
				  Subchapter I, Division 3 of this title and all other procedures and timelines
				  applicable to an FPP health-care provider's appeal of a Medicaid claim
				  denial.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.123 - Records Retention

Current through Reg. 49, No. 28; July 12, 2024
(a) FPP contractors
				  must maintain, for the time period specified by the HHSC, all records
				  pertaining to client services, contracts, and payments.
(b) FPP contractors must comply with the
				  Medicaid record retention requirements found in §
										RSA 354.1004
				  of this title (relating to Retention of Records).
(c) All records relating to services must be
				  accessible for examination at any reasonable time to representatives of HHSC
				  and as required by law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.125 - Confidentiality and Consent

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Confidentiality required. An FPP health-care provider must maintain all health
				  care information as confidential to the extent required by law.
(b) Written release authorization. Before an
				  FPP health-care provider may release any information that might identify a
				  particular client, that client must authorize the release in writing. If the
				  client is a minor, the client's parent, managing conservator, or guardian, as
				  authorized by Chapter 32 of the Texas Family Code or by federal law or
				  regulations, must authorize the release.
(c) Confidentiality training. An FPP
				  health-care provider's staff (paid and unpaid) must be informed during
				  orientation of the importance of keeping client information
				  confidential.
(d) Records
				  monitoring. An FPP health-care provider must monitor client records to ensure
				  that only appropriate staff and HHSC may access the records.
(e) Assurance of confidentiality. An FPP
				  health-care provider must verbally assure each client that her records are
				  confidential and must explain the meaning of confidentiality.
(f) Consent for minors. FPP services must be
				  provided with consent from the minor's parent, managing conservator, or
				  guardian only as authorized by Texas Family Code, Chapter 32, or by federal law
				  or regulations.
(g) A FPP
				  health-care provider may not require consent for family planning services from
				  the spouse of a married client.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.127 - FPP Services for Minors

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Minors must be provided individualized family planning counseling and family
				  planning medical services that meet their specific needs as soon as
				  possible.
(b) The FPP health-care
				  provider must ensure that:
(1) counseling for
				  minors seeking family planning services is provided with parental
				  consent;
(2) counseling for minors
				  includes information on use and effectiveness of all medically approved birth
				  control methods, including abstinence; and
(3) appointment schedules are flexible enough
				  to accommodate access for minors requesting services.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 382 - WOMEN'S HEALTH SERVICES › Subchapter B - FAMILY PLANNING PROGRAM › Section 382.129 - Severability

Current through Reg. 49, No. 28; July 12, 2024
(a) Legislative intent. It is the intent of
				  the Texas Legislature that FPP must be operated only in a manner that ensures
				  that no funds spent under the program are used to:
(1) perform or promote elective abortions;
				  or
(2) contract with entities that
				  perform or promote elective abortions or affiliates of such entities.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter A - GENERAL INFORMATION › Section 386.101 - What does this chapter cover?

Current through Reg. 49, No. 28; July 12, 2024
This chapter covers provisions of the Federal Assistance to
					 Individuals and Households Program, which was created by an amendment to the
					 Stafford Act, the Disaster Mitigation Act of 2000,
					 RSA
					 5121 -
					 RSA
					 5206. The program:
(1) was implemented by the Federal Emergency
				  Management Agency in October 2002; and
(2) has two provisions of assistance:
(A) Housing Assistance; and
(B) Other Needs Assistance.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter A - GENERAL INFORMATION › Section 386.102 - Are the Individual and Family Grant Program and Temporary Housing Program still available?

Current through Reg. 49, No. 28; July 12, 2024
No, the Disaster Mitigation Act of 2000 eliminates those
					 programs and established the program noted in § 6.101 of this chapter
					 (relating to What does this chapter cover?).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter A - GENERAL INFORMATION › Section 386.103 - How are the terms in this chapter defined?

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings unless the context clearly indicates
					 otherwise.
(1) The words "I," "my,"
				  "you," and "your" refer to an applicant for assistance with disaster-related
				  losses or expenses.
(2) Assistance
				  from other means--Assistance, including monetary or in-kind contributions,
				  from:
(A) other governmental
				  programs;
(B) insurance;
(C) volunteer or charitable organizations;
				  or
(D) any source other than those
				  of the individual or family.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter A - GENERAL INFORMATION › Section 386.104 - Who funds and administers the assistance within the Federal Assistance to Individuals and Households Program?

Current through Reg. 49, No. 28; July 12, 2024
(a) FEMA
				  funds and administers 100% of the Housing Assistance provisions.
(b) FEMA funds 75% of the Other Needs
				  Assistance (ONA) provisions. The state contributes 25% of the actual cost of
				  meeting necessary expenses or serious needs of individuals and
				  families.
(c) DHS administers ONA
				  in Texas.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter A - GENERAL INFORMATION › Section 386.105 - Does this chapter cover Housing Assistance (HA)?

Current through Reg. 49, No. 28; July 12, 2024
No, FEMA is the sole administrator of disaster assistance
					 funding for the repair or replacement of owner-occupied primary residences
					 through the HA provisions of the Federal Assistance to Individuals and
					 Households Program.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter A - GENERAL INFORMATION › Section 386.106 - What is Other Needs Assistance (ONA)?

Current through Reg. 49, No. 28; July 12, 2024
ONA provides grants to disaster victims who have serious
					 disaster-related needs and necessary expenses in the following
					 categories:
(1) personal property,
				  such as repair or replacement of:
(A)
				  furniture;
(B)
				  appliances;
(C) clothing;
				  and
(D) medical personal
				  property;
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter A - GENERAL INFORMATION › Section 386.107 - Can Other Needs Assistance (ONA) funds be used for housing repair or replacement?

Current through Reg. 49, No. 28; July 12, 2024
No, the state cannot include funds for housing repair or
					 replacement under ONA provisions. Housing Assistance, administered by FEMA,
					 funds housing repair or replacement.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter A - GENERAL INFORMATION › Section 386.108 - What is the maximum grant amount I can receive?

Current through Reg. 49, No. 28; July 12, 2024
You can receive up to $25,000 in a single disaster
					 declaration. FEMA will adjust the grant limit annually to reflect changes in
					 the Consumer Price Index for All Urban Consumers published by the Department of
					 Labor.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter A - GENERAL INFORMATION › Section 386.109 - Who is responsible for helping me apply for a grant?

Current through Reg. 49, No. 28; July 12, 2024
FEMA and DEM are responsible for assisting you with
					 applications. FEMA and DEM also answer questions about deadlines and other
					 information concerning the requirements you must meet to receive
					 assistance.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter B - ELIGIBILITY CRITERIA FOR OTHER NEEDS ASSISTANCE (ONA) GRANTS › Section 386.201 - Under what circumstances may I apply for disaster assistance?

Current through Reg. 49, No. 28; July 12, 2024
You must have incurred a disaster-related necessary expense
					 or serious need in an area declared a major disaster area.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter B - ELIGIBILITY CRITERIA FOR OTHER NEEDS ASSISTANCE (ONA) GRANTS › Section 386.202 - Must I be a citizen to qualify for an Other Needs Assistance grant?

Current through Reg. 49, No. 28; July 12, 2024
No; however, you must sign a declaration that you or your
					 dependent is a:
(1) U.S.
				  citizen;
(2) non-citizen national;
				  or
(3) qualified alien in the
				  United States.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter B - ELIGIBILITY CRITERIA FOR OTHER NEEDS ASSISTANCE (ONA) GRANTS › Section 386.203 - What types of losses are eligible for me to receive an Other Needs Assistance (ONA) grant?

Current through Reg. 49, No. 28; July 12, 2024
You must have losses in one of the two types of ONA
					 assistance:
(1) medical, dental, and
				  funeral expenses; or
(2) personal
				  property, transportation, moving, and other expenses. Other expenses are:
(A) tangible items not owned at the time of
				  the disaster;
(B) services not
				  included in the specified categories for ONA;
(C) services FEMA and the state determine as
				  eligible unique disaster-related necessary expenses and serious needs, which
				  include:
(i) air purifier;
(ii) chain saw;
(iii) cord of wood;
(iv) dehumidifier;
(v) fuel for heating;
(vi) sump pump;
(vii) wet/dry vacuum; or
(viii) other item as specified in the state
				  administrative plan;
(D)
				  moving and storage expenses; and
(E) purchase of a Group Flood Insurance
				  Policy.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter B - ELIGIBILITY CRITERIA FOR OTHER NEEDS ASSISTANCE (ONA) GRANTS › Section 386.204 - What are the Other Needs Assistance (ONA) grant categories?

Current through Reg. 49, No. 28; July 12, 2024
You may be awarded an ONA grant for expenses in the
					 following categories:
(1) personal
				  property;
(2)
				  transportation;
(3)
				  medical;
(4) dental;
(5) funeral; and
(6) moving and storage.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter B - ELIGIBILITY CRITERIA FOR OTHER NEEDS ASSISTANCE (ONA) GRANTS › Section 386.205 - What types of personal property are eligible for grant assistance?

Current through Reg. 49, No. 28; July 12, 2024
(a) Grants are available for the following
				  types of personal property expenses:
(1)
				  clothing;
(2) household items, such
				  as furnishings or appliances;
(3)
				  tools, specialized or protective clothing, and equipment required by an
				  employer as a condition of employment;
(4) computers, uniforms, schoolbooks, and
				  supplies required for educational purposes; and
(5) repairing, cleaning, or sanitizing
				  eligible personal property items.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter B - ELIGIBILITY CRITERIA FOR OTHER NEEDS ASSISTANCE (ONA) GRANTS › Section 386.206 - What types of disaster-related transportation expenses are covered?

Current through Reg. 49, No. 28; July 12, 2024
(a) Grants may be authorized to repair,
				  replace, or provide privately owned vehicles or to provide public
				  transportation, within limits established by DHS.
(b) The maximum allowance is based on the
				  average cost of providing dependable transportation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter B - ELIGIBILITY CRITERIA FOR OTHER NEEDS ASSISTANCE (ONA) GRANTS › Section 386.207 - Are disaster-related medical or dental expenses covered?

Current through Reg. 49, No. 28; July 12, 2024
Yes, grants may be authorized to cover disaster-related
					 medical or dental expenses.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter B - ELIGIBILITY CRITERIA FOR OTHER NEEDS ASSISTANCE (ONA) GRANTS › Section 386.208 - Are disaster-related funeral expenses covered?

Current through Reg. 49, No. 28; July 12, 2024
(a) Grants may be authorized for
				  disaster-related funeral and burial or cremation expenses with a maximum
				  allowance established by DHS.
(b)
				  The maximum allowance is based on the average cost of funeral expenses in Texas
				  during the current calendar year.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 386 - DISASTER ASSISTANCE PROGRAM › Subchapter B - ELIGIBILITY CRITERIA FOR OTHER NEEDS ASSISTANCE (ONA) GRANTS › Section 386.209 - What types of moving and storage expenses are covered?

Current through Reg. 49, No. 28; July 12, 2024
Grants may be authorized for moving and storing personal
					 property to avoid additional disaster damage, including the evacuation,
					 storage, and return of the personal property to your home.