reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 98 - TEXAS HIV MEDICATION PROGRAM › Subchapter C - TEXAS HIV MEDICATION PROGRAM › Division 1 - GENERAL PROVISIONS › Section 98.103 - THMP Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
					 shall give priority to participation in THMP to eligible women and infants and
					 to individuals younger than 18 years of age as specified in
					 42 U.S.C.
					 300ff-21, and Texas Health and Safety Code
					 §
											85.062.
(b) An individual is eligible to participate
					 in THMP if the individual meets the following eligibility criteria:
(1) provides proof of diagnosis of
					 HIV;
(2) is under the care of a
					 physician, physician's assistant, or advanced practice nurse licensed to
					 practice in the United States;
(3)
					 is a Texas resident; and
(4) is at
					 or below 200% of the federal poverty level and meets the financial eligibility
					 criteria established by THMP Policy 220.001
https://www.dshs.texas.gov/hivstd/policy/policies/220-001.shtm
;
					 and:
(A) is not covered for approved THMP
					 medications under the Texas Medicaid Program, or has exhausted Medicaid
					 pharmacy benefits for the given month;
(B) does not qualify for assistance, receives
					 less than full coverage, or needs assistance with out-of-pocket costs for
					 approved THMP medications under any state compensation program, qualifying
					 private health insurance policy, or under any other state or federal health
					 benefits program;
(C) meets THMP's
					 payor of last resort criteria that is in accordance with state law, department
					 policy, and corresponding federal grant conditions, in which Ryan White
					 HIV/AIDS Treatment Extension Act of 2009 (Public
					 Law 111-87) (RWHAP) or State Services funds cannot
					 be used as a payment source for any service that can be paid for or charged to
					 any other billable source, and providers are expected to make reasonable
					 efforts to secure other funding instead of RWHAP Part B or State Services
					 funding, whenever possible; and
(D)
					 has an annual income that meets guidance as determined by:
(i) an applicant's annual gross income (if
					 single), or the combined annual gross income of the applicant and the
					 applicant's spouse, minus a standard deduction applied in accordance with
					 program policy;
(ii) for a minor
					 child, the (combined) annual gross income of the child's parent or parents,
					 minus a standard deduction, and only the income of the parent or parents living
					 in the same household as the child at the time of application or renewal is
					 used to determine financial eligibility; and
(iii) for an emancipated minor, financial
					 eligibility is determined as set forth in this paragraph.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 98 - TEXAS HIV MEDICATION PROGRAM › Subchapter C - TEXAS HIV MEDICATION PROGRAM › Division 1 - GENERAL PROVISIONS › Section 98.104 - Specific Program Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 AIDS Drug Assistance Program (ADAP). In addition to §
											98.103 of
					 this title (relating to THMP Eligibility Criteria), an individual must attest
					 that the individual is not enrolled in any state, federal, or private health
					 insurance policies or benefits programs that cover the individual's currently
					 prescribed medications that are on the THMP formulary.
(b) SPAP. In addition to §
											98.103 of
					 this title, an individual must be enrolled in a Medicare prescription drug plan
					 that covers the individual's current medications that are on the formulary and
					 apply for low-income subsidy (LIS) assistance. Those approved with full-LIS are
					 disenrolled from the SPAP program, while those with partial-LIS and who are
					 denied LIS remain eligible for participation in SPAP. (Information on Medicare
					 eligibility, Medicare prescription drug plans, and LIS assistance can be found
					 at
http://www.medicare.gov
.)
(c) TIAP. In addition to §
											98.103 of
					 this title, an individual must be enrolled in an eligible health insurance
					 policy that covers the individual's current medications on the formulary, as
					 updated. An applicant may be screened for TIAP during open enrollment or when
					 the applicant has experienced a qualifying event.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 98 - TEXAS HIV MEDICATION PROGRAM › Subchapter C - TEXAS HIV MEDICATION PROGRAM › Division 1 - GENERAL PROVISIONS › Section 98.106 - Appeals Process and Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) An
					 individual whose application is denied or whose services have been terminated
					 by THMP may appeal the department's decision within 60 days of postmark of the
					 notification. An applicant, individual, or person legally responsible for an
					 applicant or individual may initiate the appeal process by notifying the
					 department's HIV/STD Prevention and Care Unit that the individual wishes to
					 dispute the department's decision. The written notice must contain all
					 arguments and supporting documents being put forward for the appeal. The notice
					 should be addressed to the Department of State Health Services, HIV/STD
					 Prevention and Care Unit, Texas HIV Medication Program, Attn: MSJA, Mail Code
					 1873, P.O. Box 149347, Austin, Texas 78714-3947 or in another manner allowed by
					 the department.
(b) A department
					 review panel will hear the appeal within 30 days of receipt of the written
					 notice. The appellant will be notified by mail of the appeal. The panel shall
					 consist of:
(1) the TB/HIV/STD Section
					 Director;
(2) the HIV/STD
					 Prevention and Care Unit Manager;
(3) the Texas HIV Medication Program Manager;
					 and
(4) the Infectious Disease
					 Medical Officer (or equivalent positions, in the event of a department
					 reorganization).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 98 - TEXAS HIV MEDICATION PROGRAM › Subchapter C - TEXAS HIV MEDICATION PROGRAM › Division 1 - GENERAL PROVISIONS › Section 98.107 - THMP Benefits

Current through Reg. 49, No. 28; July 12, 2024
THMP provides drugs at the best price available,
						including purchasing health insurance if the criteria are met, and THMP
						participates in the 340B Drug Pricing Program to ensure program medications are
						available at the best price.
(1) AIDS
					 Drug Assistance Program (ADAP) Medication Coverage.
(A) The medications provided under ADAP are
					 listed on the THMP formulary, found at
https://www.dshs.texas.gov/hivstd/meds/files/formulary.pdf
.
(B) THMP does not approve the dispensing of
					 ADAP medications in excess of a 90-day supply, or full bottle increments,
					 whichever is greater. The program may also dispense medications in 30-day or
					 60-day supplies.
(C) Prescribers
					 must attest that certain medications meet specific prescribing requirements,
					 including lab testing, before requesting these medications from THMP. These
					 requirements are outlined in the THMP formulary found at
www.dshs.texas.gov/hivstd/meds/document.shtm
.
(D) The department may contract with a
					 pharmaceutical wholesaler for purchase of drugs. The department distributes
					 drugs to pharmacies participating in ADAP and to a mail order pharmaceutical
					 distributor for the dispensing of drugs directly to individuals who reside
					 outside areas covered by participating pharmacies.
(E) The department delivers services directly
					 or through external pharmacies approved by THMP that have signed a Memorandum
					 of Agreement with the department.
(F) A dispensing fee may be collected from
					 the department by a participating pharmacy for each prescription dispensed in
					 accordance with the existing Memorandum of Agreement with the department.
					 Eligible individuals shall not be charged any dispensing fees directly by a
					 participating pharmacy.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 98 - TEXAS HIV MEDICATION PROGRAM › Subchapter C - TEXAS HIV MEDICATION PROGRAM › Division 1 - GENERAL PROVISIONS › Section 98.108 - Limitations and Cost Containment

Current through Reg. 49, No. 28; July 12, 2024
(a) In
					 the event of a statewide emergency declared by the Governor, THMP may
					 temporarily adjust program operations to ensure that mission critical functions
					 continue. These cost containment measures will be approved by the Commissioner
					 in writing.
(b) THMP funds must be
					 used as payor of last resort and coordinated with other local, state, and
					 federal funds, including Medicaid and Medicare.
(1) To ensure THMP's expenditures do not
					 exceed the budget, the department analyzes the latest actuarial projections for
					 the upcoming year, including the average annual cost per individual and the
					 projected number of individuals THMP will be able to serve using current budget
					 figures. The department performs this analysis of THMP expenditures every
					 quarter to determine if funds are sufficient to meet projected
					 expenditures.
(2) To make certain
					 that expenditures do not exceed the program's budget, the department may
					 implement the following temporary cost-containment measures as
					 necessary.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 98 - TEXAS HIV MEDICATION PROGRAM › Subchapter C - TEXAS HIV MEDICATION PROGRAM › Division 1 - GENERAL PROVISIONS › Section 98.109 - Nondiscrimination and Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Nondiscrimination. The department operates the THMP in a manner that allows
					 full participation of individuals, regardless of their race, color, national
					 origin, age, or disability. For purposes of THMP, discrimination based on
					 gender or sexual orientation is prohibited.
(b) Confidentiality. No information that
					 could identify an individual applicant is released except as authorized by law
					 and in accordance with §
											1.501
					 of this title (relating to Privacy of Health Information under the Health
					 Insurance Portability and Accountability Act of 1996). An applicant is advised
					 that, in addition to the department, the physicians, pharmacists, and
					 designated Medicare prescription drug plan will be aware of the applicant's
					 diagnosis.
(c) Disclose. The
					 department may use or disclose individual health information to provide,
					 coordinate, or manage health care or related services, as allowed by law. This
					 includes referring the individual to other health care resources. The
					 department may contact a THMP applicant or individual to discuss enrollment
					 benefits, resources for treatment, or other health-related information as
					 appropriate.
(d) Privacy notice. An
					 individual may request a copy of the department's privacy notice by contacting
					 the THMP.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 98 - TEXAS HIV MEDICATION PROGRAM › Subchapter C - TEXAS HIV MEDICATION PROGRAM › Division 2 - ADVISORY COMMITTEE › Section 98.121 - Texas HIV Medication Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The committee. The Texas HIV Medication
					 Advisory Committee is mandated under Texas Health and Safety Code Chapter 85,
					 Subchapter K, and is governed under the terms of those statutory provisions and
					 by this section. The purpose of the committee is to advise the executive
					 commissioner and the Texas Department of State Health Services (department) in
					 the development of procedures and guidelines for the Texas HIV Medication
					 Program (program).
(b) Tasks. The
					 committee shall:
(1) review the aims and the
					 goals of the program;
(2) evaluate
					 ongoing program efforts;
(3)
					 recommend both short-range and long-range goals and objectives for medication
					 needs;
(4) recommend medications
					 for addition to or deletion from the program's formulary; and
(5) carry out any other tasks given to the
					 committee by the executive commissioner.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 99 - OCCUPATIONAL DISEASES › Section 99.1 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				This section implements the Texas Occupational Conditions Reporting Act, Health
				and Safety Code, Chapter 84, which authorizes the Executive Commissioner of the
				Health and Human Services Commission to adopt rules concerning the reporting
				and control of occupational conditions.
(b) Definitions. The following words and
				terms, when used in these sections, shall have the following meanings unless
				the context clearly indicates otherwise.
(1)
				Case--A person in whom an occupational condition is diagnosed by a physician or
				other health professional acting within the scope of the professional license,
				based upon clinical evaluation, interpretation of laboratory and/or
				roentgenographic findings, and an appropriate occupational history.
(2) Commissioner--The commissioner of
				health.
(3) Department--The
				Department of State Health Services, 1100 West 49th Street, Austin, Texas
				78756.
(4) Local health
				authority--The chief administrative officer of a public health district or a
				local health department, or the physician who is to administer state and local
				laws relating to public health.
(5)
				Occupational conditions--Those diseases, abnormal health conditions or
				laboratory findings that are caused by or are related to exposures in the
				workplace.
(6) Reportable
				occupational condition--Any occupational disease, condition or laboratory
				finding for which an official report is required. See subsection (d) of this
				section.
(7) Report of occupational
				condition--The notification to the appropriate authority of the occurrence of a
				specific occupational disease in a human, including all information required by
				the procedures established by this rule.
(8) Suspected case--A case in which an
				occupational condition is suspected, but the final diagnosis is not yet
				made.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 100 - IMMUNIZATION REGISTRY › Section 100.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Child--An individual
				younger than 18 years of age to whom a vaccine has been administered.
(2) Consent--A statement signed by an
				individual or the individual's legally authorized representative agreeing that
				the individual's immunization history can be included in the immunization
				registry and that the individual's immunization record may be released from the
				immunization registry.
(3) Data
				elements--The information:
(A) consistent
				with
				42 U.S.C., §
											300aa-25, as amended, defined as the
				information a provider who administers a vaccine is required to record in a
				medical record, including:
(i) the date the
				vaccine is administered;
(ii) the
				type of vaccine administered, vaccine manufacturer and lot number;
(iii) the name, address, and if appropriate,
				the title of the provider administering the vaccine; and
(iv) any adverse or unexpected events for a
				vaccine; and
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 100 - IMMUNIZATION REGISTRY › Section 100.2 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				provided by Texas Health and Safety Code, Chapter 161, Subchapter A,
				§161.00705, information that identifies an individual, and is received by
				the department for the immunization registry, is confidential and may be used
				by the department for registry purposes only. Unless specifically authorized by
				Texas Health and Safety Code, Chapter 161, Subchapter A, the department may not
				release immunization registry information to any person or entity without the
				electronic or written consent of the individual or the individual's legally
				authorized representative.
(b) A
				confidentiality statement shall be signed electronically by an authorized
				representative of the user of the registry. Any user of the immunization
				registry shall protect the confidentiality of all immunization histories,
				records, and reports. Immunization registry information may only be accessed by
				limited persons, and used for the limited stated purposes, detailed at §
									100.5(e)
				of this title (relating to Receipt and Release of Immunization Registry Data).
				A person required to report information to the department for registry purposes
				or authorized to receive information from the immunization registry may not
				disclose identifiable information of an individual to any person or entity
				without the electronic or written consent of the individual or the individual's
				legally authorized representative, or except as provided by the Texas
				Occupations Code, Chapter 159, or the Texas Insurance Code, §
									602.053.
(c) Immunization registry information is not
				subject to discovery, subpoena, or other means of legal compulsion for release
				to any person or entity, except as provided by Texas Health and Safety Code,
				Chapter 161, Subchapter A, Immunization registry information is not admissible
				in any civil, administrative, or criminal proceeding.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 100 - IMMUNIZATION REGISTRY › Section 100.3 - Informing a Child's Legally Authorized Representative

Current through Reg. 49, No. 28; July 12, 2024
(a) A legally authorized representative of a
				child shall be informed, via the methodology described at subsection (b) of
				this section, that the department has established and maintains an immunization
				registry for the primary purpose of establishing and maintaining a single
				repository of immunization records to be used in aiding, coordinating, and
				promoting efficient and cost-effective childhood vaccine-preventable disease
				prevention and control efforts.
(b)
				The department shall provide written materials and forms to providers for the
				purpose of informing legally authorized representatives about the immunization
				registry and specific information collected in that registry.
(c) The department and providers may use the
				immunization registry to provide notices by mail, telephone, personal contact,
				or other electronic means to a child's legally authorized representative
				regarding the particular vaccines that the child may be due or overdue
				according to the department's immunization schedule.
(d) The first time the department receives
				immunization registry data from a person or entity other than the child's
				legally authorized representative, for a child for whom the department has
				received consent to be included in the immunization registry, the department
				shall send a written notice to the child's legally authorized representative
				disclosing:
(1) that providers and payors may
				be sending the child's immunization information to the department;
(2) the information that is included in the
				immunization registry;
(3) the
				entities or persons to whom the information may be released;
(4) the purpose of the immunization
				registry;
(5) the procedure to
				exclude a child from the immunization registry; and
(6) the procedure to report an alleged
				violation if a legally authorized representative discovers a child is included
				in the immunization registry after exclusion has been requested.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 100 - IMMUNIZATION REGISTRY › Section 100.4 - Immunization Registry Consent and Withdrawal Relating to a Child

Current through Reg. 49, No. 28; July 12, 2024
(a) A child's
				legally authorized representative may consent to the inclusion of the child's
				immunization history in the immunization registry by doing one of the
				following:
(1) indicating consent at birth
				certificate registration, including by electronic signature;
(2) submitting written notification to the
				department in a format prescribed by the department or substantially similar
				and mailed to the Department of State Health Services, Immunization Unit,
				MC-1946, P.O. Box 149347, Austin, Texas 78714-9347, or by courier to Department
				of State Health Services, Immunization Unit, 1100 West 49th Street, MC-1946,
				Austin, Texas 78756, or by calling the Immunization Unit at (800) 252-9152 to
				request a consent form;
(3)
				completing written or electronic consent to be submitted to a health care
				provider, birth registrar, regional health information exchange, or local
				immunization registry, who may review that consent and affirm that consent has
				been obtained via an affirmation process as directed by the
				department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 100 - IMMUNIZATION REGISTRY › Section 100.5 - Receipt and Release of Immunization Registry Data

Current through Reg. 49, No. 28; July 12, 2024
(a) The immunization registry must contain
				information on the immunization history obtained by the department under this
				chapter regarding:
(1) each individual for
				whom consent has been obtained;
(2)
				individuals immunized to prepare for or in response to an event under §
										100.7
				of this title (relating to Potential and Declared Disasters, Public Health
				Emergency, Terrorist Attack, Hostile Military or Paramilitary Action, and
				Extraordinary Law Enforcement Emergency Event); and
(3) first responders or their immediate
				family members for whom a request has been submitted, as described at §
										100.8
				of this title (relating to First Responder Immunization Information).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 100 - IMMUNIZATION REGISTRY › Section 100.6 - Reporting to the Immunization Registry, and Medical Verification, relating to a Child

Current through Reg. 49, No. 28; July 12, 2024
(a) Data elements
				regarding an immunization record provided to the department under this section,
				whether electronically or by other means, shall be submitted in a format and
				manner prescribed by the department.
(b) Except as otherwise provided by §
									100.7
				of this title (relating to Potential and Declared Disasters, Public Health
				Emergency, Terrorist Attack, Hostile Military or Paramilitary Action, and
				Extraordinary Law Enforcement Emergency Event), a health care provider who
				administers an immunization to a child shall provide data elements regarding an
				immunization to the department within 30 days of administration of the
				vaccine.
(c) A payor that receives
				data elements from a provider who administers an immunization to a child shall
				provide the data elements to the department within 30 days of receipt of the
				data elements from a provider.
(d)
				A child's legally authorized representative may provide evidence of a child's
				immunization history directly to the department for inclusion in the
				immunization registry. The department shall ensure that the immunization
				history submitted by a child's legally authorized representative is medically
				verified immunization information by requiring the child's legally authorized
				representative to submit evidence that includes a copy of one or more of the
				following:
(1) the child's medical record
				indicating the immunization history and including a provider's signature and
				the name and address of the provider;
(2) a vaccine-specific invoice from a health
				care provider for the immunization;
(3) vaccine-specific documentation showing
				that a claim for the immunization was paid by a payor;
(4) an immunization record signed by a school
				official; or
(5) an immunization
				history provided by a local or state immunization registry.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 100 - IMMUNIZATION REGISTRY › Section 100.7 - Potential and Declared Disasters, Public Health Emergency, Terrorist Attack, Hostile Military or Paramilitary Action, and Extraordinary Law Enforcement Emergency Event

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				immunization registry shall contain information regarding individuals who
				receive an immunization, antiviral, or other medication administered:
(1) to prepare for a potential disaster,
				public health emergency, terrorist attack, hostile military or paramilitary
				action, or an extraordinary law enforcement emergency event, as those terms are
				defined in §
										100.1 of
				this title (relating to Definitions);
(2) in response to a declared disaster,
				public health emergency, terrorist attack, hostile military or paramilitary
				action or extraordinary law enforcement emergency event, as those terms are
				defined in §
										100.1 of
				this title.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 100 - IMMUNIZATION REGISTRY › Section 100.8 - First Responder Immunization Information

Current through Reg. 49, No. 28; July 12, 2024
(a) An adult 18 years of age or older who is
				a first responder or an immediate family member of a first responder may
				request that a health care provider who administers an immunization to the
				adult provide the data elements regarding the immunization to the department
				for inclusion in the immunization registry.
(b) A health care provider, on receipt of a
				request under subsection (a) of this section, shall submit the data elements to
				the department within 30 days of administration of the vaccine in a format and
				manner prescribed by the department. The department shall verify the request
				before including the information in the immunization registry. The department
				may elect to verify the request for inclusion in the immunization registry by
				obtaining an affirmation from the health care provider that a request has been
				received.
(c) An adult 18 years of
				age or older who is a first responder or an immediate family member of a first
				responder may request inclusion of that adult's immunization history in the
				immunization registry by:
(1) mailing written
				or electronic notification to the department, in a format prescribed by the
				department, at: Department of State Health Services, Immunization Unit,
				MC-1946, P.O. Box 149347, Austin, Texas 78714-9347, or by courier to Department
				of State Health Services, Immunization Unit, 1100 West 49th Street, MC-1946,
				Austin, Texas 78756, (a request form may be obtained by calling the
				Immunization Unit at (800) 252-9152, or online at
https://www.dshs.texas.gov/immunize/immtrac/
;
				or
(2) completing a written request
				to the adult's health care provider, to be verified by affirmation (in a manner
				prescribed by the department) by the health care provider that such a request
				has been received.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 100 - IMMUNIZATION REGISTRY › Section 100.9 - Official Immunization Record

Current through Reg. 49, No. 28; July 12, 2024
An immunization record obtained from the immunization
				  registry shall be accepted as an official immunization record of the
				  individual.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 100 - IMMUNIZATION REGISTRY › Section 100.11 - Authority of a Health Information Exchange

Current through Reg. 49, No. 28; July 12, 2024
(a) Notwithstanding Health and Safety Code,
				§
									161.0073
				and § 161.008, and subject to the provisions of the department's data
				usage agreement, a health information exchange, as defined in Health and Safety
				Code, Chapter 182, may access and transmit health-related information under
				Health and Safety Code, §
									161.007(d),
				§161.00705(a)(a), §161.00706(b), and §161.008(i), if the access
				or transmittal is:
(1) made for the purpose
				of assisting in the reporting of immunization registry information to the
				appropriate agency;
(2) requested
				and authorized by the appropriate health care provider, practitioner,
				physician, facility, or other person who is required to report data elements
				regarding an immunization record as outlined in Health and Safety Code, Chapter
				182;
(3) made in accordance with
				the applicable consent requirements for the immunization registry under Health
				and Safety Code, Chapter 182; and
(4) made in accordance with the requirements
				of Health and Safety Code, Chapter 182 and all other state and federal law.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 101 - TOBACCO › Section 101.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these rules is to implement Texas Health and
				  Safety Code, Chapter 161, Subchapter P, "Disclosure of Ingredients in
				  Cigarettes and Tobacco Products."
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 101 - TOBACCO › Section 101.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this chapter shall
				  have the following meanings unless the context clearly indicates
				  otherwise.
(1) Annual report--A
				tobacco manufacturer's annual report to the department, which provides the
				ingredient information.
(2)
				Cigar--A roll, for smoking, of fermented tobacco that is wrapped in tobacco and
				from which the main stream of smoke produces an alkaline reaction to litmus
				paper.
(3) Cigarette--A roll for
				smoking, made of tobacco or tobacco mixed with another ingredient and wrapped
				or covered with a material other than tobacco and that is not a
				cigar.
(4) Department--The Texas
				Department of State Health Services.
(5) Ingredient--Any ingredient, substance,
				chemical, or compound other than tobacco, water, or reconstituted tobacco sheet
				made wholly from tobacco, which is present in the product, including
				flavorants, processing aides, casing sauces, contaminants, combustion
				modifiers, and packing materials, to the full extent the manufacturer is aware
				of the presence of any such ingredient.
(6) Manufacturer--A person who manufactures,
				fabricates, or assembles, or causes or arranges for the manufacture,
				fabrication, or assembly of cigarettes or tobacco products for sale or
				distribution.
(7) Risks to public
				health--The possibility or actuality of adverse health effects associated with
				tobacco use, including nicotine addiction and adverse health effects associated
				with exposure to environmental tobacco smoke.
(8) Tobacco product--
(A) A cigar;
(B) smoking tobacco, including granulated,
				plug-cut, crimp-cut, ready-rubbed, and any form of tobacco suitable for smoking
				in a pipe or as a cigarette;
(C)
				chewing tobacco, including Cavendish, twist, plug, scrap, and any kind of
				tobacco suitable for chewing;
(D)
				snuff or other preparations of pulverized tobacco; or
(E) an article or product that is made of
				tobacco or a tobacco substitute and that is not a cigarette or an e-cigarette
				as defined by Texas Health and Safety Code §
										161.081.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 101 - TOBACCO › Section 101.3 - General Requirements for Annual Reports by Manufacturers

Current through Reg. 49, No. 28; July 12, 2024
(a) Before December
				1 of each year, the manufacturer of any cigarettes or tobacco product
				distributed in the State of Texas shall report to the department, in accordance
				with Texas Health and Safety Code, §
									161.352, the
				ingredients of any such cigarette or tobacco product. The annual report shall
				be sent to: Tobacco Prevention and Control Program, Texas Department of State
				Health Services, P.O. Box 149347, MC 1965, Austin, Texas 78714; or Tobacco
				Prevention and Control Program, Texas Department of State Health Services, 1100
				West 49th Street, MC 1965, Austin, Texas 78756; or via email to
				tobacco.free@dshs.texas.gov.
(b)
				Nothing in this section shall prohibit a manufacturer or distributor of
				cigarettes or tobacco products from selling such products to an in-state
				merchant for sale or distribution outside the state.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 101 - TOBACCO › Section 101.4 - Ingredient Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
In each annual report, a manufacturer shall provide the
				  following for each brand, sub-brand, and generic unbranded cigarette or tobacco
				  product, including cigars, distributed in the State of Texas.
(1) A list of all ingredients in the
				cigarette or tobacco product listed in descending order according to weight,
				measure, or numerical count, other than tobacco, water, or a reconstituted
				tobacco sheet made wholly from tobacco. Each ingredient shall be reported by
				its chemical name and chemical abstract service registry number, if available,
				on the ingredient reporting form located on the department website:
https://www.dshs.texas.gov/tobacco/contactus/
.
(2) The name, job title, address, and
				telephone number of the individual designated by the manufacturer as the
				department's contact person concerning Texas Health and Safety Code, Chapter
				161, Subchapter P, and this chapter and person responsible for the accuracy of
				the annual report submitted.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 101 - TOBACCO › Section 101.7 - Security of Report Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The department
				tobacco program manager (manager) is responsible for the control of ingredient
				information. The manager shall designate in writing an individual to assume the
				responsibilities for control of ingredient information in case of the absence
				or unavailability of the manager.
(b) The manager shall approve a list of
				department employees with demonstrated need to have access to the space or
				drive where the ingredient information contained in annual reports submitted
				pursuant to Texas Health and Safety Code, Chapter 161, Subchapter P, is
				retained (hereinafter "authorized individuals").
(c) Authorized individuals shall not copy or
				reproduce by any means brand-specific reported ingredient information contained
				in an annual report. Authorized individuals shall take all precautions
				necessary to ensure that no unauthorized person overhears or otherwise
				intentionally or inadvertently receives such information.
(d) Annual reports shall be retained
				according to the appropriate department record retention schedule. At the end
				of the retention period, annual reports shall be destroyed.
(e) Storage Space.
(1) Information identified by the
				manufacturer as confidential ingredient information in an annual report
				pursuant to Texas Health and Safety Code, Chapter 161, Subchapter P, that is
				submitted in hard paper copy shall be secured and maintained in a secure
				storage space.
(2) Information
				identified by the manufacturer as confidential ingredient information in an
				annual report pursuant to Texas Health and Safety Code, Chapter 161, Subchapter
				P, that is submitted in electronic format (via email) shall be secured and
				maintained in a secure drive.
(3)
				The storage space shall be secured at all times and only authorized individuals
				will have access to the storage space.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 101 - TOBACCO › Section 101.10 - Public Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Information
				included in an annual report filed under this chapter is public information and
				is not confidential unless it is determined to be confidential under Texas
				Health and Safety Code §
									161.354.
(b) Before releasing any information, the
				department shall:
(1) submit the information
				to the attorney general with a request that the attorney general make the
				determinations called for under Texas Health and Safety Code §
										161.354(b) and
				(d), and Texas Government Code §
										552.110;
(2) submit the information to the attorney
				general in accordance with procedures set out in the Texas Government Code,
				Chapter 552, and the attorney general's
Public Information Act
				Handbook
;
(3)
				contemporaneous with each submission under this subsection, notify the person
				who submitted the information so that person may exercise his or her rights
				under Texas Government Code §
										552.305;
				and
(4) following an opinion from
				the attorney general under this subsection, which would allow release of any
				information, the submitter of the information shall be immediately notified,
				and the department shall delay release for 30 days to allow:
(A) the department to make the determination
				called for in Texas Health and Safety Code, §
											161.354(c);
				and
(B) the submitter of the
				information opportunity to obtain judicial review of the attorney general's
				opinion.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 102 - DISTRIBUTION OF TOBACCO SETTLEMENT PROCEEDS TO POLITICAL SUBDIVISIONS › Section 102.1 - General

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				implements the Health and Safety Code, §§
									12.131 -
				12.139 and the
				responsibilities of the Department of State Health Services (department) under
				the Agreement Regarding Disposition of Tobacco Settlement Proceeds (agreement)
				filed on July 24, 1998, in United States District Court, Eastern District of
				Texas, in the case styled The State of Texas v. The American Tobacco Co., et
				al., No. 5-96CV-91. The term "agreement" includes the subsequent Clarification
				of Agreement Regarding Disposition of Settlement Proceeds filed on July 24,
				1998, in that litigation.
(b) The
				term "political subdivision" means a hospital district, another local political
				subdivision owning or maintaining a public hospital, or a county of the State
				of Texas responsible for providing indigent health care to the general public.
				The Health and Safety Code, Chapter 61, defines which entities are responsible
				for providing indigent health care to the general public.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 102 - DISTRIBUTION OF TOBACCO SETTLEMENT PROCEEDS TO POLITICAL SUBDIVISIONS › Section 102.2 - Distributions

Current through Reg. 49, No. 28; July 12, 2024
(a) A political
				subdivision may receive a pro rata share of the annual distribution by the
				Comptroller of Public Accounts (comptroller) under the agreement. The
				department will certify to the comptroller the percentage of the annual
				distribution that each political subdivision is eligible to receive. The
				comptroller is responsible for transmitting the payments to the eligible
				political subdivisions.
(b) The
				income earned through investment of the permanent trust account established
				under the agreement will be distributed in April of each year. Only the
				earnings of the account will be distributed. The corpus of the fund will remain
				in the permanent trust account.
(c)
				A political subdivision that receives a pro rata share of the annual
				distribution has sole authority over the expenditure of those funds. The
				agreement does not require a political subdivision to expend any portion of the
				distribution for a specified purpose; however, any portion of the distribution
				expended for unreimbursed health care expenditures in a calendar year may be
				counted toward the political subdivision's pro rata share of the annual
				distribution in the subsequent year.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 102 - DISTRIBUTION OF TOBACCO SETTLEMENT PROCEEDS TO POLITICAL SUBDIVISIONS › Section 102.3 - Annual Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) General. A
				political subdivision may claim a pro rata share of the annual distribution
				based on its "unreimbursed health care expenditures" in the previous calendar
				year. These expenditures are defined in the agreement as "those actual
				expenditures made by a political subdivision which are directly attributable to
				the provision of health care services to the general public, either directly or
				by contract or agreement with a third party provider, and for which no
				reimbursement is made by or expected from any third party source or fund. (Lump
				Sum Trust Account or Permanent Trust Account payments shall not count as
				reimbursement.)" The term "unreimbursed expenditures" does not include
				contractual allowances or discounts for health care services required under a
				third party payor agreement.
(b)
				Counties not wholly within a hospital district. For a county not wholly within
				a hospital district, the agreement further states that unreimbursed
				expenditures are to be calculated as "all unreimbursed amounts, including
				unreimbursed jail health care, expended by such county for health care services
				to the general public during that year, plus 15% of that total."
(1) The following are examples for which
				expenditures, if unreimbursed, may be counted:
(A) services within the scope of services
				that hospital districts are authorized by law to provide. These will typically
				be diagnostic and treatment services for individuals;
(B) health care screening, laboratory, and
				health care case management services;
(C) oral health care services;
(D) expenditures made from funds in a trust
				or reserve account for the provision of health care services;
(E) health care outreach and prevention
				efforts, including but not limited to media campaigns, education, counseling,
				and production and distribution of promotional literature. Typical target areas
				for these efforts include teenage smoking, child safety, and health hazards
				affecting the general public;
(F)
				medical transportation, including transportation to and from medical
				appointments;
(G) behavioral health
				care services, including a physician examination to determine if an individual
				is in need of mental health care;
(H) capital expenditures for direct health
				care services, such as construction of ambulance facilities or
				clinics;
(I) overhead costs for a
				health care facility;
(J) employee
				salary and benefits to the extent the employee is engaged in patient health
				care or other health care services such as the activities described in
				subparagraph (E) of this paragraph;
(K) emergency medical services; and
(L) medical supplies or equipment used for
				the provision of health care services to the general public.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 102 - DISTRIBUTION OF TOBACCO SETTLEMENT PROCEEDS TO POLITICAL SUBDIVISIONS › Section 102.4 - Regular Audits

Current through Reg. 49, No. 28; July 12, 2024
(a) Regular audits
				of selected political subdivisions may be performed if the necessary funds and
				personnel are available to the department.
(b) The department has the discretion to
				decide how and when to select political subdivisions for regular audits.
				Regular audits may be performed for any year for which a distribution was made
				under the agreement.
(c) At the
				department's discretion, the department may perform the regular audits,
				contract with outside auditors to perform the regular audits, or contract with
				another state agency to perform the regular audits.
(d) A regular audit may include a review of
				any audit or financial statement of the political subdivision performed by
				persons other than the department. A political subdivision being audited by the
				department shall make available to the department or its contractor such an
				audit, financial statement, or other supporting documentation at the
				department's or its contractor's request.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 102 - DISTRIBUTION OF TOBACCO SETTLEMENT PROCEEDS TO POLITICAL SUBDIVISIONS › Section 102.5 - Disputes

Current through Reg. 49, No. 28; July 12, 2024
(a) A political
				subdivision or agency of this state may dispute information submitted by
				another political subdivision. A dispute shall be initiated by filing written
				notice with the department of the issue(s) disputed.
(b) A dispute may concern a political
				subdivision's calculation of unreimbursed expenditures, not whether a political
				subdivision is entitled to a share of the annual distribution.
(c) A dispute must be filed by December 31 of
				the year in which the disputed information was submitted.
(d) An audit of the political subdivision
				that submitted the disputed information may be performed.
(1) The audit shall be initiated by the
				department or the comptroller. The department or the comptroller shall choose
				the auditor which may be the department, the comptroller, an outside auditor,
				or another state agency.
(2) The
				political subdivision shall fully cooperate in the audit. The audit may include
				a review of any audit or financial statement of the political
				subdivision.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 103 - INJURY PREVENTION AND CONTROL › Section 103.1 - Purpose and Purview

Current through Reg. 49, No. 28; July 12, 2024
(a) These
				sections implement the following Health and Safety Codes.
(1) Chapter 92 authorizes the Executive
				Commissioner to adopt rules concerning the reporting and control of
				injuries.
(2) Chapter 773,
				§773.112(c) and §773.113(a)(3), requires the department to establish
				and maintain a trauma reporting and analysis system.
(3) The Texas Department of Health and the
				Texas Board of Health were abolished by Chapter 198, §1.18 and §1.26,
				78th Legislature, Regular Session, 2003. Health and Safety Code, Chapter 1001,
				establishes the Department of State Health Services (department), which now
				administers these programs. Government Code, §
										531.0055,
				provides authority to the Executive Commissioner of the Health and Human
				Services Commission to adopt rules for the department.