reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 901 - VOLUNTEER AND COMMUNITY ENGAGEMENT AT A STATE FACILITY › Subchapter C - Donating Permanent Improvements to a State Facility › Section 901.112 - Dedicated Construction Account Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The VSC chair and a member of the PI
				  committee or a designee from the VSC who is not an employee must be designated
				  as co-signers on the dedicated construction account.
(b) If conditions warrant, the commissioner
				  or designee may require that the dedicated construction account be established
				  with a third-party escrow agent.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 901 - VOLUNTEER AND COMMUNITY ENGAGEMENT AT A STATE FACILITY › Subchapter C - Donating Permanent Improvements to a State Facility › Section 901.114 - Accepting an Improvement

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				  completing the improvement, the VSC chair or designee notifies the commissioner
				  in writing that the PI committee is ready to convey the improvement to the
				  state.
(b) The commissioner
				  acknowledges the acceptance of the improvement in writing to the facility CEO,
				  the VSC chair, and the donor.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 902 - CONTINUITY OF SERVICES-TRANSFERRING INDIVIDUALS FROM STATE SUPPORTED CENTERS TO STATE HOSPITALS › Section 902.1 - Transfer of an Individual from a State Supported Living Center to a State Hospital

Current through Reg. 49, No. 28; July 12, 2024
(a) Transfer of an
				individual committed to a state supported living center (SSLC).
(1) An individual committed to an SSLC for
				residential services may be transferred to a state hospital for mental health
				care if a licensed physician of the SSLC determines after an examination that
				care, treatment, and rehabilitation in a state hospital is in the best interest
				of the individual.
(2) The
				individual will be returned to the SSLC within 30 calendar days unless a court
				order transferring the individual is obtained by the state hospital as
				described in paragraph (3) of this subsection.
(3) If the state hospital determines
				hospitalization of the individual is necessary for longer than 30 calendar
				days, the state hospital will request from the committing court an order
				transferring the individual to the state hospital. In support of the request,
				the state hospital will submit two certificates of medical examination for a
				mental illness to the court, as described in Texas Health and Safety Code
				§
										574.011,
				stating that the individual:
(A) is a person
				with a mental illness; and
(B)
				requires observation or treatment in the state hospital.
(4) If the state hospital determines an
				individual who has been transferred to a state hospital under a court order no
				longer requires hospitalization, the state hospital will request that the
				committing court approve the return of the individual to the SSLC, in
				accordance with Texas Health and Safety Code §
										594.045.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 903 - INTERSTATE COMPACT ON MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES › Section 903.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter implements Texas laws authorizing the transfer
				  of a person with intellectual and developmental disabilities and mental or
				  behavioral health disorders and co-diagnoses receiving services at a state
				  operated facility between Texas and other states.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 903 - INTERSTATE COMPACT ON MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES › Section 903.2 - Application

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to the Texas Health and Human Services
				  Commission (HHSC) state hospitals and state supported living centers (SSLCs),
				  and local authorities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 903 - INTERSTATE COMPACT ON MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES › Section 903.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context indicates otherwise.
(1) Family member--The person's spouse,
				parent, sibling, adult child, or any individual the person identifies as
				playing a significant role in their life.
(2) HHSC--Texas Health and Human Services
				Commission.
(3) ICC--Interstate
				compact coordinator. The individual who facilitates the transfer of a person
				served in Texas state hospitals and SSLCs out-of-state to another state's
				facility or the transfer of a person from out-of-state psychiatric hospitals
				and intermediate care facilities for individuals with intellectual disabilities
				into Texas state hospitals and SSLCs.
(4) Informed consent--The knowing agreement
				of the person or the person's legally authorized representative (LAR) to a
				proposed transfer. This consent must be given under the person's or LAR's
				ability to exercise free power of choice without undue pressure or any element
				of force, fraud, deceit, duress, or other form of constraint or
				coercion.
(5) LAR--Legally
				authorized representative. An individual authorized by law to make decisions
				for a person about the matters described in this chapter. The LAR may include a
				parent, guardian, or managing conservator of a child or adolescent, or a
				guardian of an adult.
(6) Local
				authority--An entity designated by HHSC in accordance with the Texas Health and
				Safety Code §
									533.035(a).
(7) Person--An individual who is eligible for
				care, treatment, or supervision at an SSLC or state hospital, as determined by
				the laws of the sending state, and for whom interstate transfer is
				requested.
(8) SSLC--State
				supported living center. An intermediate care facility for individuals with an
				intellectual disability or related condition that HHSC operates.
(9) State hospital--A psychiatric hospital
				with an inpatient component that HHSC operates.
(10) Transfer--Moving a person from a
				facility in one state to a facility in a different state under Texas Health and
				Safety Code §
									571.008; Texas
				Health and Safety Code §
									533A.011 and
				§
									533.014(a)(3);
				or the Interstate Compact on Mental Health, Texas Health and Safety Code
				Chapter 612.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 903 - INTERSTATE COMPACT ON MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES › Section 903.4 - Prerequisite for Transfer

Current through Reg. 49, No. 28; July 12, 2024
(a) To transfer a
				person to a state operated facility in another state from a Texas state
				hospital or SSLC:
(1) the person must be a
				resident or former resident of the receiving state;
(2) the person's LAR must live in the
				receiving state; or
(3) the person
				must have a family member living in the receiving state who will play a
				significant role in the person's life.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 903 - INTERSTATE COMPACT ON MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES › Section 903.5 - Legal Basis for Institutionalization

Current through Reg. 49, No. 28; July 12, 2024
(a) A person with a mental illness or an
				intellectual or developmental disability who is involuntarily committed by
				another state and who transfers to Texas may be detained for up to 96 hours. To
				detain a person for more than 96 hours, one of the following must apply:
(1) a voluntary admission to a Texas state
				hospital or SSLC;
(2) an order of
				protective custody; or
(3) a
				commitment order of a Texas court.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 903 - INTERSTATE COMPACT ON MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES › Section 903.6 - Coordinating Requests for Interstate Transfer

Current through Reg. 49, No. 28; July 12, 2024
The Texas ICC coordinates requests for interstate transfer to
				  or from Texas. Anyone interested in an interstate transfer may contact the
				  Texas ICC by email at Interstate_Compact_Coordination@hhsc.state.tx.us or by
				  mail at HHSC, Texas ICC, P.O. Box 12668, Austin, Texas 78711-2668. The Texas
				  ICC must not discriminate on the grounds of race, color, national origin,
				  religion, sex, age, disability, or political affiliation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 903 - INTERSTATE COMPACT ON MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES › Section 903.7 - Requests for a Person with Mental Illness or Intellectual and Developmental Disabilities to Transfer from Texas

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				letter of request for interstate transfer of a person with mental illness or
				intellectual and developmental disabilities from a state hospital or SSLC must
				be sent to the Texas ICC by email (preferred) or mail.
(b) State hospital or SSLC staff must discuss
				the proposed transfer and the person's preference with the person, the person's
				LAR, and the person's family, or, if appropriate, other available sources to
				ascertain whether the transfer is in the person's best interest.
(c) If the transfer will not occur, the Texas
				ICC must provide written notification to the person or LAR and the individual
				who requested the transfer that the transfer will not occur and the reason for
				not proceeding with the transfer.
(d) The Texas ICC must contact the receiving
				state's ICC and make a reasonable effort to obtain authorization for the
				transfer if HHSC determines the transfer of a person is in the person's best
				interest.
(e) If the person is
				proposed to be transferred from a state hospital or SSLC to a facility in
				another state that is a party to the interstate compact, HHSC must not take
				final action without the approval of the committing Texas court.
(f) If the receiving state decides to accept
				the person for immediate transfer, then the state hospital or SSLC must:
(1) make all travel arrangements, including
				coordinating with the facility in the receiving state to assist with travel
				inside the receiving state;
(2) be
				responsible for all transfer expenses;
(3) ensure arrangements are made for an
				escort or escorts to accompany and assist the person to reach their
				destination;
(4) ensure the
				following items accompany the person upon transfer to the receiving state:
(A) all appropriate legal
				documents;
(B) the person's
				Medicaid, Medicare, or third-party insurance card or cards, if
				available;
(C) copies of all the
				person's laboratory reports and physical exams conducted within the past 30
				days and any additional significant reports made within the past
				year;
(D) all the person's personal
				belongings at the state hospital or SSLC; and
(E) the supply of all prescribed medication
				as agreed upon by the sending and receiving facilities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 903 - INTERSTATE COMPACT ON MENTAL HEALTH AND INTELLECTUAL AND DEVELOPMENTAL DISABILITIES › Section 903.8 - Requests for a Person with Mental Illness or Intellectual and Developmental Disabilities to Transfer to Texas

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				written request for interstate transfer of a person with a mental illness or an
				intellectual and developmental disability to a Texas state hospital or SSLC
				must be sent by the requesting state's ICC, or its designee, to the Texas ICC
				by email to Interstate_Compact_Coordination@hhsc.state.tx.us.
(b) The written request must be accompanied
				by the following information:
(1)
				documentation that the prerequisites for transfer to Texas are met, in
				accordance with § 903.4(b) of this chapter (relating to Prerequisite for
				Transfer);
(2) a consent to the
				interstate transfer and release of records to the Texas ICC, signed by the
				person or the person's LAR;
(3) the
				completed "Request for Interstate Transfer" form;
(4) a copy of the person's immunization
				record;
(5) a copy of the person's
				social security card;
(6) a copy of
				the person's birth certificate or appropriate substitute;
(7) a copy of the person's diagnosis of
				mental illness or intellectual and developmental disabilities;
(8) a copy of the person's comprehensive
				medical history, including any medical evaluations, current physician's orders,
				and list of current medications;
(9) a summary of the person's social history
				and history of mental illness or intellectual and developmental disabilities,
				including a copy of any psychiatric or psychological evaluations;
(10) a copy of the person's current
				individual habilitation plan and annual planning conference documents for a
				person with intellectual and developmental disabilities;
(11) a copy of the original order of
				commitment and any renewals and, if required, documentation of approval to
				transfer from the committing court;
(12) a copy of guardianship or other legal
				documentation pertaining to the person requesting transfer, if applicable;
				and
(13) a brief cover letter
				signed by the institution's chief executive officer, or designee, stating the
				circumstances or reasons for requesting the transfer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter A - Charges for Services in State Facilities › Section 910.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the Texas Health and Safety Code Chapter 552,
					 Subchapter B, and Chapter 593, Subchapter D, the purpose of this chapter is to
					 describe:
(1) the assessment of fees
				  for individuals' support, maintenance, and treatment at Texas Health and Human
				  Services Commission facilities;
(2)
				  the process to appeal an assessed fee; and
(3) the process to file a notice of
				  lien.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter A - Charges for Services in State Facilities › Section 910.2 - Application

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to all facilities operated by the
					 Texas Health and Human Services Commission that provide inpatient or
					 residential services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter A - Charges for Services in State Facilities › Section 910.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Administrative Law
				  Judge (ALJ)--An independent hearing examiner assigned by the Texas Health and
				  Human Services Commission (HHSC) who presides over a hearing for an appeal of a
				  fee with the power to administer oaths, receive evidence, take testimony, and
				  make findings of fact or law.
(2)
				  Adult--A person who is not a minor.
(3) Appellant--The individual or their
				  legally authorized representative (LAR) appealing a fee.
(4) Charges--The total amount of all
				  fees.
(5) Current maximum rate--The
				  rate, established by HHSC, that reflects the average daily cost of support,
				  maintenance, and treatment (SMT) per individual for each facility. A copy of
				  the current maximum rates for all facilities may be obtained at
www.hhs.texas.gov/services/mental-health-substance-use/state-hospitals
;
www.hhs.texas.gov/services/disability/intellectual-or-developmental-disabilities/state-supported-living-centers-sslcs
;
				  or by contacting HHSC Health and Specialty Care System, Reimbursement
				  Management, P.O. Box 12668, Mail Code E-619, Austin, Texas
				  78701-2668.
(6) Facility--Any state
				  hospital, state supported living center, and the intermediate care facility for
				  individuals with an intellectual disability (ICF/IID) component of the Rio
				  Grande State Center operated by HHSC.
(7) Fee--A specific amount of money assessed,
				  based on at least one source of funds, that is owed monthly to a facility for
				  an individual's SMT.
(8) Full
				  day--A 24-hour period extending from midnight to midnight.
(9) HHSC--Texas Health and Human Services
				  Commission.
(10) Individual--Any
				  person who is admitted to a facility and who is provided SMT as an inpatient or
				  resident (i.e., a person to whom a bed is assigned by the facility).
(11) Legally authorized representative
				  (LAR)--A person authorized by law to act on behalf of an individual, including
				  a parent, guardian, or managing conservator of a minor individual, or a
				  guardian of an adult individual.
(12) Minor--A person under 18 years of age
				  who is not and has not been married or who has not had the disabilities of
				  minority removed for general purposes.
(13) Party--The appellant or HHSC.
(14) Reimbursement office--The HHSC facility
				  reimbursement office that manages the assessment and notification of charges
				  and the appeal process.
(15)
				  SMT--Support, maintenance, and treatment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter A - Charges for Services in State Facilities › Section 910.4 - Fee Assessment and Notification of Charges

Current through Reg. 49, No. 28; July 12, 2024
(a) General provisions. The fee for an
				  individual's support, maintenance, and treatment (SMT) is assessed in
				  accordance with this section.
(1) Charges to
				  the individual or legally authorized representative (LAR), as appropriate, will
				  not exceed the facility's current maximum rate.
(2) Failure of the individual or LAR to
				  provide financial information upon request or to assign third-party benefits
				  may result in charges equal to the facility's current maximum rate accruing to
				  the individual.
(3) The finances
				  and assets of an adult's guardian or the guardian of the estate of a minor, who
				  is not also the legal guardian of the minor, are not considered in assessing
				  fees.
(4) Charges to a payor that
				  is not an individual or LAR may exceed the facility's current maximum
				  rate.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter A - Charges for Services in State Facilities › Section 910.5 - State Hospital Accruing Charges

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except when charging is prohibited by law or contract and subject to the
				  provisions in this section, charges continue to accrue:
(1) for the entire period the individual
				  receives support, maintenance, and treatment at the facility;
(2) for the entire period of the individual's
				  absence from the facility, if the individual remains under the care, custody,
				  and control of facility personnel;
(3) for the entire period the individual is
				  absent from the facility for admission to an inpatient medical facility and
				  charges for the medical services at the inpatient medical facility are not paid
				  by a third-party payor; and
(4) for
				  the first three days of the individual's absence from the facility, other than
				  an absence described in paragraphs (2) and (3) of this subsection, from which
				  the individual plans to return.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter A - Charges for Services in State Facilities › Section 910.6 - State Supported Living Center Accruing Charges

Current through Reg. 49, No. 28; July 12, 2024
(a) Except when charging is prohibited by law
				  or contract and subject to the provisions in this section, charges continue to
				  accrue:
(1) for the entire period the
				  individual receives support, maintenance, and treatment at the
				  facility;
(2) for the entire period
				  of the individual's absence from the facility, if the individual remains under
				  the care, custody, and control of facility personnel;
(3) for the entire period the individual is
				  absent from the facility for admission to an inpatient medical facility and
				  charges for the medical services at the inpatient medical facility are not paid
				  by a third-party payor;
(4) for the
				  first full three days of the individual's absence from the facility, other than
				  an absence described in paragraphs (2) and (3) of this subsection, from which
				  the individual plans to return; and
(5) for 10 days per calendar year of the
				  individual's absence from the facility for an extended leave.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter A - Charges for Services in State Facilities › Section 910.7 - Rate Review Process at State Hospitals

Current through Reg. 49, No. 28; July 12, 2024
(a) If the individual or legally authorized
				  representative (LAR) has provided complete financial information and the person
				  disagrees with the fees assessed by the Texas Health and Human Services
				  Commission (HHSC), the individual or LAR may contact the reimbursement office
				  of the state hospital in which the individual would receive services to request
				  a reduction and review of charges by the state hospital superintendent, or
				  designee. The request must be made in writing within 10 business days of the
				  date on the notification of charges letter. The individual or LAR retains the
				  right to formally appeal the charges without using the rate review process at a
				  state hospital.
(b) The individual
				  or LAR will be notified of the rate review process at the time of initial rate
				  determination and upon any subsequent rate determination.
(c) A request under this section will delay
				  the deadline under § 910.8(c)(2) of this chapter (relating to Appeal
				  Process) for an appeal request to be submitted until a determination is made
				  regarding a review under this section.
(d) If HHSC requests more information for a
				  review, the request must be made within 7 business days of the original review
				  request. An individual must submit additionally requested information within 15
				  business days. If the additional information is not received within 15 days,
				  the request under this section will be considered withdrawn. If additional
				  information is not received, HHSC must provide a notice to the individual that
				  the request under this section is considered withdrawn and that the individual
				  may proceed with an appeal under § 910.8 of this chapter.
(e) Once HHSC receives all necessary
				  information, HHSC must issue a review decision within seven business days and
				  provide notice of the decision to the individual or LAR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter A - Charges for Services in State Facilities › Section 910.8 - Appeal Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Right to appeal. If
				  the individual or legally authorized representative (LAR) has provided complete
				  financial information and the individual or LAR disagrees with any fees
				  assessed by the Texas Health and Human Services Commission (HHSC), then the
				  individual or LAR is entitled to appeal such fees.
(b) Obtaining forms to initiate an appeal. To
				  appeal a fee, the individual or LAR must notify the reimbursement office at the
				  facility providing support, maintenance, and treatment to the individual of
				  their intent to appeal the fee. Upon such notification, the reimbursement
				  office shall ensure the individual or LAR has provided complete financial
				  information before sending the individual or LAR a copy of this chapter and a
				  Request for Appeal form. Upon determination that complete financial information
				  has been provided to the reimbursement office, the reimbursement office must
				  provide the form to the individual or LAR within five business days.
				  Additionally, forms can be obtained at,
www.hhs.texas.gov/services/mental-health-substance-use/state-hospitals
and
www.hhs.texas.gov/services/disability/intellectual-or-developmental-disabilities/state-supported-living-centers-sslcs
.
(c) Initiating the appeal.
(1) The individual or LAR initiates an appeal
				  by completing, signing, and sending the Request for Appeal form, referenced in
				  subsection (b) of this section or § 910.9(a)(4) of this chapter (relating
				  to Filing Notice of Lien), to: OCC_Appeals_ContestedCases@hhs.texas.gov or HHSC
				  Appeals Division, P.O. Box 149030, Mail Code W-613, Austin, Texas
				  78714-9030.
(2) An appeal may be
				  initiated before the 45th business day after notification of charges.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter A - Charges for Services in State Facilities › Section 910.9 - Filing Notice of Lien

Current through Reg. 49, No. 28; July 12, 2024
(a) If thqe
				  Texas Health and Human Services Commission (HHSC) intends to file a written
				  notice of lien pursuant to Texas Health and Safety Code §
										533.004, 31 calendar days
				  prior to filing the written notice of the lien with the county clerk, HHSC
				  shall notify by certified mail the individual or legally authorized
				  representative (LAR) of HHSC's intent to file a lien. HHSC also will send the
				  notice by an alternative means when a patient or person legally responsible for
				  the payment of services makes such a request and provides the necessary contact
				  information. The notice to the individual or LAR shall include:
(1) a statement of the unpaid
				  charges;
(2) a copy of the
				  statutory procedures related to filing a lien as provided by Texas Health and
				  Safety Code §
											533.004;
(3) a copy of § 910.8 of this chapter
				  (relating to Appeal Process);
(4) a
				  Request Appeal form and a statement that to stay the filing of the lien, the
				  completed Request for Appeal form must be received by the Appeals Division
				  within 31 calendar days after the date the notification of HHSC's intent to
				  file a lien was mailed; and
(5) the
				  name and phone number of the HHSC staff sending the notification.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter A - Charges for Services in State Facilities › Section 910.10 - Taxable Income of the Parents

Current through Reg. 49, No. 28; July 12, 2024
If the amount shown as annual taxable income of the parents
					 as reported on their most current financial statement, their latest federal
					 income tax return, or other appropriate evidence of income, at the election of
					 the parent:
(1) is equal to or less
				  than the U.S. federal poverty income level (FPIL), the monthly fee per
				  individual, based on parental income, is $0; or
(2) is greater than the FPIL, the monthly fee
				  per individual, based on parental income, is no more than $200 for each 50
				  percent increase of income over the FPIL.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter B - State Facility Financial Responsibilities › Section 910.51 - 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) CEO--The superintendent
				  of a facility.
(2) DADS--The
				  Department of Aging and Disability Services.
(3) Department--The Department of Aging and
				  Disability Services.
(4)
				  Facility--A state mental retardation facility operated by DADS.
(5) Individual--A person receiving services
				  from a facility.
(6) LAR (legally
				  authorized representative)--A person authorized by law to act on behalf of an
				  individual with regard to a matter described in this subchapter and may include
				  a parent, guardian, or managing conservator of a minor individual, a guardian
				  of an adult individual, or a personal representative of a deceased
				  individual.
(7) Mental
				  retardation--Subaverage general intellectual functioning existing concurrently
				  with deficits in adaptive behavior and originating during the developmental
				  period.
(8) Material safety data
				  sheet--The document provided by a manufacturer that describes a material's or
				  part's chemical properties along with guidelines for proper use, storage, and
				  disposal.
(9) Non-commercial
				  group--A group of people associated with an organization (for example, a civic,
				  fraternal, religious, social, service, community, or public employee
				  organization).
(10) Sales
				  receipt--A written statement issued by the seller that includes the date it was
				  created and the cost of the item or service.
(11) Trust fund--An account at a financial
				  institution in a facility's control that contains funds of an
				  individual.
(12) Unauthorized
				  departure that may have unusual consequences--The unauthorized departure of an
				  individual that causes a reasonably prudent staff member who has knowledge of
				  the individual's condition to believe that harm or injury to the individual or
				  to others may occur as a result of the unauthorized departure, for example, the
				  unauthorized departure of an individual whom the treatment staff believes to be
				  a danger to self or to others or the unauthorized departure of an individual
				  who requires maintenance medication such as insulin.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter B - State Facility Financial Responsibilities › Section 910.53 - Depositing Department Funds

Current through Reg. 49, No. 28; July 12, 2024
The CEO or designee is responsible for ensuring
					 that:
(1) all funds received are
				  deposited with the state treasurer or in an account that is insured under state
				  or federal law.
(2) the balance of
				  such account does not exceed the insured limit of the financial institution;
				  and
(3) all funds that must be
				  deposited in the State Treasury are deposited within three business days of
				  receipt.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter B - State Facility Financial Responsibilities › Section 910.55 - Investing Department Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  CEO or designee must ensure that funds which are not required for current use
				  are invested with Texas financial institutions or the Central Office investment
				  plan. Earnings on invested funds other than trust funds shall be added to the
				  funds from which earnings are derived. The interest rate and the availability
				  for withdrawal in case of emergency must be considered in making investment
				  selections.
(1) Texas financial institutions.
				  If the Texas financial institution is insured under state or federal law, the
				  funds may be invested in certificates of deposit or savings accounts. If the
				  investment amount exceeds the limits of state and federal insurance the
				  investment source must pledge additional securities equal to the investment
				  amount.
(2) Central Office
				  investment program. Central Office offers a short term fund, current interest
				  rate, investment plan for the benefit of all facilities. Funds may be
				  Transferred to Central Office, Financial Services in multiples of $2,500 for
				  immediate return upon request. Interest payments are remitted by Central
				  Office, Financial Services at the end of each month.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter B - State Facility Financial Responsibilities › Section 910.57 - Benefit Funds: Use and Control

Current through Reg. 49, No. 28; July 12, 2024
(a) Authority. As authorized by the Texas
				  Health and Safety Code, §
										551.004, the CEO
				  must be the trustee of a special fund designated as the benefit fund. The CEO
				  may expend the money in any such fund for the education or entertainment of
				  individuals or for the actual expense of maintaining the fund at the financial
				  institution.
(b) Source of funds.
				  The source of benefit funds are:
(1) private
				  donations or gifts; and
(2)
				  interest earned from investment of benefit funds.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter C - State Facility Property › Section 910.103 - Inscription on State Facility Vehicles

Current through Reg. 49, No. 28; July 12, 2024
A state vehicle used primarily for transporting individuals
					 receiving services from a facility is exempt from the requirement in Texas
					 Transportation Code, §
										721.002,
					 to have "Texas Department of Aging and Disability Services" printed on the
					 vehicle. The purpose served by this exemption is to provide confidentiality,
					 safety, and normalization for individuals receiving services and to reduce the
					 stigma associated with mental retardation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter C - State Facility Property › Section 910.105 - Non-Commercial Groups at a State Facility

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. The facility CEO may make
				  facility resources available to the public at large whenever it can do so
				  without compromising the department's primary mission.
(b) Requesting permission. The
				  Facility/Premises Use Request form, which is in the
TDMHMR Contracts
				  Manual,
must be completed and submitted to the facility CEO.
(c) Criteria for approving requests. The
				  facility CEO may approve or disapprove the use of facility resources based on
				  whether:
(1) the organization agrees in
				  writing to abide by all rules and regulations established by the facility CEO
				  regarding the use facility resources and that its meetings in no way interfere
				  with or disrupt the delivery of services to the individuals mental illness or
				  mental retardation;
(2) the event
				  does not conflict with any of the facility's scheduled events, programs, or
				  priorities;
(3) the event is
				  consistent with the physical constraints of the resources to be used;
(4) the facility can provide the services for
				  the time period requested; and
(5)
				  the event does not conflict with the best interests of the facility or
				  individuals.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 910 - State Facility Business Operations › Subchapter C - State Facility Property › Section 910.107 - Overnight Accommodations for Guests of an Individual Receiving Services at a State Facility

Current through Reg. 49, No. 28; July 12, 2024
If a facility has on-site overnight accommodations that are
					 made available to family members or guests of an individuals receiving
					 services, a facility resource use fee may be charged. The facility use fee
					 schedule is in the
TDMHMR Fiscal Manual.
If the family member
					 or guest is unable to pay the entire use fee, the facility CEO may waive any
					 portion or all of the fee based on the family member's or guest's ability to
					 pay.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 925 - RESEARCH INVOLVING HEALTH AND HUMAN SERVICES COMMISSION SERVICES › Section 925.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to:
(1) describe the components and use of an
				institutional review board for the review of research requests and activities
				pertaining to mental health, substance use, and intellectual or developmental
				disabilities services within the Texas Health and Human Services Commission
				(HHSC), as listed in §925.2 (Application); and
(2) establish uniform guidelines for the
				review, approval, conduct, and oversight of research involving HHSC services
				that:
(A) ensures human subjects involved in
				research have established rights, privacy, and welfare protections;
(B) ensures human subjects' participation is
				voluntary;
(C) ensures allegations
				of misconduct regarding the adherence to scientific standards in research are
				properly investigated; and
(D)
				conforms with the requirements of 45 Code of Federal Regulations Part 46,
				Subparts A, B, C, and D.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 925 - RESEARCH INVOLVING HEALTH AND HUMAN SERVICES COMMISSION SERVICES › Section 925.2 - Application

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to research involving one or more of the
				  following:
(1) Texas Health and Human
				Services Commission (HHSC) in-patient or community-based mental health
				services;
(2) HHSC community-based
				substance use services;
(3) HHSC
				intellectual or developmental disabilities services;
(4) data owned or created regarding
				individuals receiving HHSC services; or
(5) related HHSC resources (e.g., employees,
				property, and non-public information).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 925 - RESEARCH INVOLVING HEALTH AND HUMAN SERVICES COMMISSION SERVICES › Section 925.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms have the following meanings
				  when used in this chapter.
(1)
				Authorization--The written permission given by an individual who is
				participating in a research study or the individual's legally authorized
				representative to use or disclose certain protected health information related
				to the research study.
(2)
				Children--Consistent with 45 Code of Federal Regulations §46.402(a),
				individuals who have not attained the legal age for consent to treatments or
				procedures involved in the research, under the applicable law of the
				jurisdiction in which the research will be conducted.
(3) Code of Federal Regulations (CFR)--The
				codification of the general and permanent rules and regulations published in
				the
Federal Register
by the executive departments and agencies
				of the Federal Government.
(4)
				Designated institutional review board--The institutional review board whose
				purpose is to review, approve, and monitor proposed research studies as well as
				oversee the conduct of approved research, which includes:
(A) an external institutional review board
				established and operated by a non-Texas Health and Human Services Commission
				organization with an active Federalwide Assurance (see, 48 C.F.R. Subpart
				§370.3 Acquisitions Involving Human Subjects) approved by the Office for
				Human Research Protection (OHRP); and
(B) IRB2.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 925 - RESEARCH INVOLVING HEALTH AND HUMAN SERVICES COMMISSION SERVICES › Section 925.4 - General Principles

Current through Reg. 49, No. 28; July 12, 2024
(a) Participation in
				research that can advance scientific knowledge of mental disorders, substance
				use disorders, and intellectual or developmental disability supports the
				mission of the Texas Health and Human Services Commission (HHSC).
(b) HHSC's guiding principle for all research
				involving human subjects is the protection of the personal rights, safety,
				well-being, privacy, and dignity of the subjects to:
(1) ensure the protection of human subjects
				involved in research, HHSC promulgates this chapter and adopts by reference 45
				Code of Federal Regulation (CFR) Part 46, Subparts A, B, C, and D;
(2) ensure ethical principles are maintained
				when research involving human subjects is conducted, HHSC adopts by reference
				"The Belmont Report: Ethical Principles and Guidelines for the Protection of
				Human Subjects of Research, Report of the National Commission for the
				Protection of Human Subjects of Biomedical and Behavioral Research" (April 18,
				1979);
(3) ensure all research
				undertaken is conducted with a fundamental commitment to high ethical standards
				regarding the conduct of scientific research, HHSC adopts by reference 42 CFR
				Part 93;
(4) ensure research
				subjects' participation is voluntary; and
(5) protect the privacy of human subjects
				involved in research, HHSC adopts by reference the Federal Standards for
				Privacy of Individually Identifiable Health Information, 45 CFR Part 160 and
				Part 164, Subparts A and E, promulgated by the U.S. Department of Health and
				Human Services pursuant to the Health Insurance Portability and Accountability
				Act of 1996.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 925 - RESEARCH INVOLVING HEALTH AND HUMAN SERVICES COMMISSION SERVICES › Section 925.5 - Designated Institutional Review Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Each research
				project conducted involving Texas Health and Human Services Commission (HHSC)
				services must have a designated institutional review board (IRB). The
				designated IRB is responsible for reviewing, approving, and monitoring all
				research conducted.
(b) In
				accordance with
				45 CFR §
										46.114, cooperative research, defined as
				projects that involve more than one institution, must rely on a single IRB to
				review and approve the portion of research conducted in the United
				States.
(c) The designated IRB will
				be one of the following:
(1) an external IRB
				with IRB2 approval; or
(2) the
				IRB2.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 925 - RESEARCH INVOLVING HEALTH AND HUMAN SERVICES COMMISSION SERVICES › Section 925.6 - Designated Institutional Review Board Functions and Operations

Current through Reg. 49, No. 28; July 12, 2024
(a) Each designated
				institutional review board (IRB) shall:
(1)
				follow its written policies and procedures as described in § 925.5(f) of
				this chapter (relating to Designated Institutional Review Board);
(2) function in accordance with 45 Code of
				Federal Regulations (CFR) §46.108;
(3) ensure proposed research is reviewed and
				approved in accordance with § 925.7 of this chapter (relating to Review
				and Approval of Proposed Research);
(4) exercise appropriate oversight to ensure:
(A) its policies and procedures designed for
				protecting the rights, privacy, and welfare of human subjects are being
				applied; and
(B) research is being
				conducted in accordance with the approved protocol;
(5) maintain records of its operations in
				accordance with
				45
				CFR §
											46.115;
(6) maintain documentation of its continuing
				review of all approved and active research protocols; and
(7) maintain documentation of any
				unanticipated serious problems or events involving risks to the human subjects
				or others.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 925 - RESEARCH INVOLVING HEALTH AND HUMAN SERVICES COMMISSION SERVICES › Section 925.7 - Review and Approval of Proposed Research

Current through Reg. 49, No. 28; July 12, 2024
(a) Proposed research
				must be submitted to the designated institutional review board (IRB) and
				contain written information for the IRB to determine whether the requirements
				described in 45 Code of Federal Regulations (CFR) §46.111 are
				satisfied.
(b) Each designated IRB
				shall review all proposed research in accordance with
				45 CFR §
										46.109.
(c) Each designated IRB has the authority to
				approve, require modifications to, or disapprove any proposed research.
				Approval of proposed research shall be based on:
(1) consideration of the information
				described in
				45 CFR §
											46.111;
(2) the designated IRB's verification that
				the requirements in 45 CFR § 46.111, § 925.4 of this chapter
				(relating to General Principles), and § 925.8 of this chapter (relating to
				Informed Consent) are met; and
(3)
				the designated IRB's verification that procedures for obtaining and documenting
				authorization to use or disclose protected health information (PHI) meet the
				requirements in
				45 CFR
				§
											164.508, unless:
(A) the designated IRB approves a waiver or
				alteration of the authorization requirement as permitted in § 925.9(b) of
				this chapter (relating to Using and Disclosing Protected Health Information in
				Research); or
(B) the designated
				IRB determines and documents that:
(i) the
				data needed for the research is contained in a limited data set and the
				investigator will comply with the requirements in
				45
				CFR §
													164.514(e),
				including the execution of a data use agreement; or
(ii) the data needed for the research is
				limited to decedents' PHI and documentation submitted by the investigator meets
				the requirements in
				45
				CFR §
													164.512(i)(1).