reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.507 - Determination of Basic Specialized Telecommunications Equipment or Service

Current through Reg. 49, No. 28; July 12, 2024
(a) In determining basic specialized
				  telecommunications equipment or service available for voucher exchange, ODHHS
				  applies the following criteria.
(1) The
				  equipment or service must be for the purpose of accessing the telephone
				  network.
(2) The primary function
				  of the equipment or service must apply to telephone network access and not to
				  daily living access, unless:
(A) the
				  equipment or service for daily living access enables a person to access the
				  telephone network and is less expensive than equipment or service that
				  functions primarily for telephone access; or
(B) there is no other equipment or service
				  available that enables telephone access.
(3) A service must be less expensive than the
				  basic specialized telecommunications equipment approved for a voucher under
				  STAP and must be able to meet the same need.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.509 - Preliminary and Comprehensive Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) Preliminary assessment. To determine
				  whether a person is eligible for a voucher, ODHHS conducts a preliminary
				  assessment based on the certification section of the application. A person is
				  eligible if ODHHS determines that the person:
(1) has a disability that impairs the
				  person's ability to effectively access the telephone network; and
(2) can gain access to the telephone network
				  and communicate effectively with basic specialized telecommunications equipment
				  or a service authorized by the specific voucher applied without the assistance
				  of another person.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.511 - Voucher Recipient Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  be eligible for assistance from STAP, a person must:
(1) be a resident of Texas;
(2) be a person with a disability that
				  impairs the person's ability to effectively access the telephone
				  network;
(3) be at least 5 years of
				  age;
(4) be in a situation where no
				  other person in the household with the same type of disability needing
				  comparable equipment has received a voucher for equipment unless persons in the
				  household are financially independent of each other;
(5) not have received a voucher from ODHHS
				  for any specialized telecommunications equipment or services before the fifth
				  anniversary of the date the person exchanged the previously issued voucher
				  under STAP, unless before that anniversary, the person demonstrates that the
				  person is no longer able to use the previous equipment or service received and
				  has developed a need for a different type of specialized telecommunications
				  equipment or service under STAP because of a change in the person's disability
				  status;
(6) be able to benefit from
				  the specialized telecommunications equipment or service provided by the voucher
				  in accessing the telephone network without assistance of another person;
				  and
(7) be certified as a person
				  with a disability that impairs the person's ability to effectively access the
				  telephone network, by an individual who meets the requirements of §
				  360.513 of this subchapter (relating to Persons Authorized to Certify
				  Disability).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.513 - Persons Authorized to Certify Disability

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant must be certified as a
				  person with a disability that impairs the person's ability to effectively
				  access the telephone network. The following may serve as certifiers:
(1) licensed hearing aid
				  specialists;
(2) licensed
				  audiologists;
(3) licensed
				  optometrists;
(4) licensed
				  physicians;
(5) licensed advanced
				  practice registered nurses;
(6)
				  Texas Workforce Commission vocational rehabilitation counselors;
(7) state-certified teachers of persons who
				  are deaf or hard of hearing;
(8)
				  licensed speech pathologists;
(9)
				  state-certified teachers of persons who are visually impaired;
(10) state-certified teachers of persons who
				  are speech-impaired;
(11)
				  state-certified special education teachers;
(12) STAP specialists authorized to work
				  under an ODHHS STAP Outreach and Training contract;
(13) licensed social workers;
(14) Independent Living Services specialists,
				  such as rehabilitation counselors, authorized to work under an HHSC Independent
				  Living Services contract;
(15)
				  ODHHS-approved specialists working in a disability-related field; or
(16) any other professional approved by
				  ODHHS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.515 - Vouchers

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligible applicants are issued an
				  individually numbered voucher with a specified dollar value to be used toward
				  the purchase of the specialized telecommunications equipment or service that
				  must be listed on the voucher.
(b)
				  A voucher guarantees payment up to the amount specified on the voucher to a
				  STAP vendor if all applicable rules, policies, procedures, and laws are
				  satisfied.
(c) A voucher may not
				  cover the full price of applicable equipment or service available under STAP.
(d) An eligible applicant
				  exchanging a voucher for the purchase of a specialized telecommunications
				  equipment or service is responsible for payment of the difference between the
				  voucher's value and the price of the equipment or service.
(e) A voucher is nontransferable and has no
				  cash value.
(f) A voucher expires
				  on the date stated on the voucher and is no longer valid after the expired
				  date.
(g) A voucher cannot be
				  exchanged before the voucher date stated on the voucher.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.517 - Determination of Voucher Category Value and Eligibility Criteria for a Voucher

Current through Reg. 49, No. 28; July 12, 2024
(a) ODHHS
				  determines the reasonable price for basic specialized telecommunications
				  equipment or services for a voucher. The price becomes the voucher category
				  value for a specific voucher.
(b)
				  The voucher category value as determined by ODHHS may not cover the entire cost
				  of the basic specialized telecommunications equipment or service.
(c) ODHHS reviews voucher category values at
				  least annually. The voucher category value determination is based on factors
				  that include reasonable and customary industry standards for each specific
				  equipment or service.
(d) ODHHS
				  reviews eligibility criteria for a voucher category at least biennially. ODHHS
				  solicits input from persons ODHHS considers knowledgeable in technology and in
				  the telephone access needs of persons with disabilities.
(e) Proposed voucher category values and
				  eligibility criteria are posted to the ODHHS STAP webpage for comments 45
				  calendar days before final determinations are made for a voucher category.
				  Comments obtained from the advance posting are considered in determining
				  voucher category values and eligibility criteria for a voucher category.
(f) ODHHS determines voucher
				  category values and eligibility criteria for a voucher category, and the
				  determination is final.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.519 - Consumer Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  information ODHHS receives in the application process for STAP, including names
				  and addresses, may be used only to administer STAP.
(b) ODHHS may not advertise, distribute, or
				  publish the name, address, or other related information about a person who
				  applies for assistance under STAP. Information concerning STAP is exempted from
				  disclosure under the Public Information Act.
(c) All STAP applicant information is the
				  sole property of ODHHS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.521 - Determination of Approved Equipment or Services

Current through Reg. 49, No. 28; July 12, 2024
(a) ODHHS determines approved makes and
				  models of equipment and specific services for voucher exchange for
				  reimbursement to STAP vendors.
(b)
				  ODHHS reviews approved equipment and services at least annually. The approval
				  of equipment and services are governed by § 360.507 of this subchapter
				  (relating to Determination of Basic Specialized Telecommunications Equipment or
				  Service).
(c) ODHHS determines
				  approved makes and models of equipment and specific services, and the
				  determination is final.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.523 - Equipment Values for Approved Equipment or Services

Current through Reg. 49, No. 28; July 12, 2024
(a) ODHHS determines a reasonable equipment
				  value for approved makes and models of specialized telecommunications equipment
				  and services to be paid to STAP vendors for exchanged vouchers.
(b) ODHHS reviews equipment values at least
				  annually. Equipment value determinations are based on factors that include
				  reasonable and customary industry standards for approved equipment and specific
				  services.
(c) Proposed equipment
				  values for approved equipment or services are posted to the ODHHS STAP web page
				  for comments 45 calendar days before final determinations are made. Comments
				  obtained from the advance posting are considered in determining equipment
				  values for approved equipment and specific services.
(d) ODHHS determines equipment values for
				  reimbursement to a STAP vendor, and the determination is final.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.525 - STAP Vendor Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible to serve as a STAP vendor
				  and receive reimbursements for STAP vouchers appropriately exchanged, an entity
				  shall meet the following eligibility requirements:
(1) complete the registration
				  process;
(2) maintain contact
				  information to include current:
(A) owners,
				  principal partners, officers, company legal names, and Doing Business As (DBA)
				  names;
(B) telephone number;
(C) email address;
(D) physical address;
(E) mailing address;
(F) current Federal Employer Identification
				  Number (FEIN);
(G) bank information
				  for STAP vendor reimbursement payments by direct deposit; and
(H) names of individuals who are authorized
				  to sign and exchange a voucher.
(3) not be barred, debarred, suspended,
				  proposed for debarment, declared ineligible, or excluded from participation in
				  STAP by HHSC or any federal or Texas state agency; and
(4) not owe any delinquent debts or
				  outstanding obligations to TUSF or any Texas state agency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.527 - STAP Vendor Duties and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) STAP vendors shall comply with all
				  applicable rules, policies, procedures, and laws governing STAP to remain
				  eligible to participate in and receive reimbursement under STAP.
(b) Any STAP vendor failing to comply with
				  subsection (a) of this section may be denied reimbursement.
(c) STAP vendors shall supply only new
				  equipment that was purchased by the STAP vendor directly from a
				  supplier.
(d) STAP vendors cannot
				  receive STAP reimbursement for:
(1) used
				  equipment;
(2) equipment paid for
				  directly by a customer;
(3)
				  vouchers on which the vendor or one of the vendor's employees are also the
				  named certifier before written approval by ODHHS;
(4) vouchers that are not properly completed
				  or redeemed in accordance with the voucher terms, conditions, and instructions;
(5) returned equipment and
				  requests to terminate services;
(6)
				  vouchers that are not claimed in the ODHHS STAP claiming system by the vendor
				  in accordance with this subchapter, STAP policies, and STAP procedures;
				  or
(7) vouchers on which the
				  certifier is working for or on behalf of the vendor and the certifier has
				  violated or is under pending review or investigation for alleged violations of
				  HHSC, PUC or other rules, policies, or laws regulating
				  STAP.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.529 - Voucher Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) Not later
				  than the 45th calendar day after the date ODHHS receives the voucher and all
				  required supporting documentation from the STAP vendor, or the date the vendor
				  has claimed the voucher in the ODHHS STAP claiming system, whichever date
				  occurs later, the ODHHS will pay the STAP vendor from TUSF the lesser of the:
(1) ODHHS established equipment value;
(2) STAP vendor's advertised
				  purchase price; or
(3) voucher
				  value established by ODHHS for the voucher category of the equipment or service
				  exchanged.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.531 - Suspension or Loss of STAP Vendor Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) A STAP vendor may be suspended from or
				  lose eligibility to participate in STAP for any of the following:
(1) failure to comply with the requirements
				  of STAP;
(2) seeking or receiving
				  reimbursement for equipment or services that are not new, were not provided, or
				  were provided only after seeking or receiving reimbursement;
(3) seeking or receiving reimbursement for
				  equipment or services on a voucher that is not a valid STAP voucher;
(4) violating or suspicion of violating any
				  ODHHS or other applicable rules, policies, or laws relating to STAP;
(5) working with or serving as a certifier
				  and failing to ensure appropriate equipment selection;
(6) failure to repay TUSF for equipment or
				  services for which the STAP vendor received reimbursement, but for which the
				  STAP vendor did not provide the equipment or service, or was not otherwise
				  entitled to reimbursement; or
(7)
				  being barred, debarred, suspended, proposed for debarment, declared ineligible,
				  or excluded from doing business with, or receiving payments from, the federal
				  or state government.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.533 - Reinstatement of STAP Vendors

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  STAP vendor that has been suspended or otherwise determined to be ineligible to
				  participate as a STAP vendor, may request reinstatement into STAP by:
(1) submitting a written request to ODHHS for
				  reinstatement; and
(2) submitting
				  written documentation showing that:
(A) all
				  STAP eligibility requirements have been satisfied; and
(B) any violations or deficiencies that
				  resulted in the suspension or ineligibility determination have been remedied.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter C - SPECIALIZED TELECOMMUNICATIONS ASSISTANCE PROGRAM › Section 360.535 - Vendor Required Approved Equipment or Service Inventory

Current through Reg. 49, No. 28; July 12, 2024
(a) ODHHS determines makes and models of
				  approved equipment and specific services for a voucher that a STAP vendor is
				  required to make available to a STAP voucher recipient.
(b) ODHHS reviews the required inventory at
				  least annually. The required inventory is determined by approved equipment and
				  services that conform to § 360.507 of this subchapter (relating to
				  Determination of Basic Specialized Telecommunications Equipment or Service) and
				  offers a STAP voucher recipient a reasonable selection.
(c) Vendors are not required to have both the
				  equipment inventory and the service inventory established for a voucher to be
				  able to sell equipment or service under that voucher.
(d) If a vendor does not exchange a specific
				  voucher, an inventory for that voucher is not required.
(e) The required inventory does not preclude
				  vendors from selling additional allowable equipment or services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter D - DEAF AND HARD OF HEARING DRIVER IDENTIFICATION PROGRAM › Section 360.601 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to set out the
					 administration and general procedures governing the Deaf and Hard of Hearing
					 Driver Identification Program. The program provides for the design and issuance
					 of a Visor Identification Card that may be displayed in a motor vehicle that is
					 operated by a person who is deaf or hard of hearing.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter D - DEAF AND HARD OF HEARING DRIVER IDENTIFICATION PROGRAM › Section 360.603 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The Deaf and Hard of Hearing Driver Identification Program
					 is created under authority of the Human Resources Code, §
										81.019.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter D - DEAF AND HARD OF HEARING DRIVER IDENTIFICATION PROGRAM › Section 360.605 - 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) Applicant--A person
				  applying to DARS DHHS for a Visor Identification Card.
(2) Application--The form that DHHS uses to
				  gather and document information about an applicant for a Visor Identification
				  Card under the Deaf and Hard of Hearing Driver Identification
				  Program.
(3) Visor Identification
				  Card--The identification card issued by DHHS to an eligible driver who is deaf
				  or hard of hearing for use in a motor vehicle operated by that driver. The card
				  attaches to the vehicle's visor and identifies the driver as a person who is
				  deaf or hard of hearing to facilitate communication during a traffic
				  stop.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter D - DEAF AND HARD OF HEARING DRIVER IDENTIFICATION PROGRAM › Section 360.607 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for a Visor Identification
				  Card, an applicant must:
(1) be a resident of
				  Texas;
(2) have a valid driver's
				  license or permit issued by a state agency authorized to issue driver's
				  licenses;
(3) be a person with a
				  disability that impairs the person's ability to hear; and
(4) submit a completed application to DHHS,
				  along with any requested documentation and any applicable fee.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter D - DEAF AND HARD OF HEARING DRIVER IDENTIFICATION PROGRAM › Section 360.609 - Deaf and Hard of Hearing Driver Visor Identification Card

Current through Reg. 49, No. 28; July 12, 2024
(a) DHHS is responsible for the design and
				  content of the Visor Identification Card.
(b) DHHS issues all Visor Identification
				  Cards.
(c) The Visor Identification
				  Card documents the name of the driver to whom it is issued and contains a
				  DHHS-designated driver registration number.
(d) DHHS maintains a registry of all holders
				  of Visor Identification Cards.
(e)
				  DHHS may set a fee for each Visor Identification Card to defray the costs of
				  administering the Deaf and Hard of Hearing Driver Identification
				  Program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter E - CERTIFICATE OF DEAFNESS FOR TUITION WAIVER PROGRAM › Section 360.701 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to set out the
					 administration and general procedures governing the Certificate of Deafness for
					 Tuition Waiver Program. The program provides a certificate to a person who
					 applies for tuition waiver at a state-supported postsecondary school in Texas
					 and whose sense of hearing is nonfunctional.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter E - CERTIFICATE OF DEAFNESS FOR TUITION WAIVER PROGRAM › Section 360.703 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The Certificate of Deafness for Tuition Waiver Program is
					 created under authority of the Education Code, Chapter 54,
					 §54.364.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter E - CERTIFICATE OF DEAFNESS FOR TUITION WAIVER PROGRAM › Section 360.705 - 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) Applicant--A person
				  applying to DARS DHHS for a Certificate of Deafness for Tuition
				  Waiver.
(2) Application--The form
				  that DARS DHHS uses to gather and document information about an applicant for a
				  Certificate of Deafness for Tuition Waiver under the Certificate of Deafness
				  for Tuition Waiver Program.
(3)
				  Certificate of Deafness for Tuition Waiver--The certificate issued by DARS DHHS
				  to an eligible applicant to certify that the applicant is a deaf person as
				  defined by Education Code, §
										54.364(a)(3).
				  The applicant may use the certificate to apply for a tuition waiver at any
				  Texas state institution of higher education using public funds, as set forth in
				  Education Code, §
										54.364(a)(5)
				  and §
										61.003.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter E - CERTIFICATE OF DEAFNESS FOR TUITION WAIVER PROGRAM › Section 360.707 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for a Certificate of
				  Deafness for Tuition Waiver, the applicant must:
(1) submit an application to DARS DHHS for a
				  Certificate of Deafness for Tuition Waiver;
(2) be at least 17 years old at the time of
				  application or, if less than 17, provide proof of being a high school senior or
				  having a high school diploma or equivalent; and
(3) establish functional deafness in that the
				  applicant's sense of hearing is nonfunctional, after all necessary medical
				  treatment, surgery, and use of hearing aids, for understanding normal
				  conversation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 360 - OFFICE OF DEAF AND HARD OF HEARING SERVICES › Subchapter E - CERTIFICATE OF DEAFNESS FOR TUITION WAIVER PROGRAM › Section 360.709 - Certificate of Deafness for Tuition Waiver

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS DHHS is responsible for the design
				  and content of the Certificate of Deafness for Tuition Waiver.
(b) The Certificate of Deafness for Tuition
				  Waiver documents the name of the person to whom it is issued and contains the
				  signature of an authorized DARS DHHS representative.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter A - GENERAL PROVISIONS › Section 361.1 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  the DADS Guardianship Services Program is to accept referrals for individuals
				  from DFPS as defined in Texas Human Resources Code, §
										48.209;
				  assess the individuals for capacity; apply for guardianship if determined
				  appropriate; and serve as guardians who promote and enhance the well-being,
				  dignity, and personal preferences of the individuals to the extent possible for
				  as long as DADS serves as guardian. An individual referred by DFPS must have
				  been found to be in a state of abuse, neglect, or exploitation.
(b) DFPS makes a referral directly to the
				  DADS Guardianship Services Program, or, if requested by the court with probate
				  jurisdiction for the county in which an individual being referred resides, DFPS
				  may also make a referral to the court in addition to the referral to the DADS
				  Guardianship Services Program.
(c)
				  The DADS Guardianship Services Program files an application to be appointed as
				  guardian or otherwise agrees to be appointed as guardian if the DADS
				  Guardianship Services Program determines that:
(1) DFPS found the individual to be in a
				  state of abuse, neglect, or exploitation or the individual is a minor in the
				  conservatorship of DFPS;
(2) there
				  is no less restrictive alternative to guardianship;
(3) there is no other willing, able, and
				  suitable person or program to serve as guardian;
(4) the individual is eligible for the DADS
				  Guardianship Services Program; and
(5) the court finds the individual is an
				  incapacitated person as defined in Texas Estates Code, § 1002.017 and
				  makes all other findings required by Texas Estates Code,
				  §1101.101.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter B - ELIGIBILITY AND ASSESSMENT OF INDIVIDUALS FOR GUARDIANSHIP SERVICES › Section 361.21 - Eligibility for Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  To determine eligibility for services, the DADS Guardianship Services Program
				  conducts an assessment of an individual referred by DFPS under Texas Human
				  Resources Code, §
										48.209.
				  The assessment may include identifying and arranging for services that do not
				  require guardianship. An individual must meet the requirements of subsections
				  (b) - (f) of this section, or DADS must agree to serve as guardian under
				  subsection (g) of this section, for the individual to be eligible for the DADS
				  Guardianship Services Program.
(b)
				  DADS authority under Texas Human Resources Code, §
										161.071
				  to be appointed by the court to serve as permanent guardian of the person or
				  permanent guardian of the estate is limited to an individual referred to the
				  DADS Guardianship Services Program by DFPS under Texas Human Resources Code,
				  §
										48.209
				  or an individual for whom DADS otherwise agrees to serve as permanent guardian
				  under Texas Human Resources Code, §
										161.101(d).
(c) For the Child Protective Services
				  Division (CPS) of DFPS to refer an individual for guardianship:
(1) the individual must:
(A) be at least 16 years of age and be in a
				  conservatorship of DFPS; or
(B) be
				  at least 18 years of age, have been in CPS conservatorship on the day before
				  turning 18 years of age, and in extended foster home placement after turning 18
				  years of age; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter B - ELIGIBILITY AND ASSESSMENT OF INDIVIDUALS FOR GUARDIANSHIP SERVICES › Section 361.25 - Annual Review of a Ward's Status

Current through Reg. 49, No. 28; July 12, 2024
(a) At least annually after the DADS
				  Guardianship Services Program's appointment as guardian for a ward, the DADS
				  Guardianship Services Program evaluates the status of the ward to determine if:
(1) the ward is still an incapacitated person
				  and continues to need a guardian;
(2) an alternate person or guardianship
				  program is willing, able, and suitable to serve as successor
				  guardian;
(3) a less restrictive
				  alternative to guardianship is now available and the ward can be restored to
				  capacity;
(4) a limited
				  guardianship is appropriate and the ward can be partially restored to capacity;
				  or
(5) guardianship continues to
				  effectively remedy the issues of the ward or meet the needs of the
				  ward.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter C - CONTRACTOR REQUIREMENTS › Section 361.51 - Guardianship Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas Human
				  Resources Code, §
										161.103
				  gives DADS the authority to contract with an agency or a political subdivision
				  of the state for the provision of guardianship services.
(b) To the extent funds are appropriated by
				  the legislature or made available by DADS, the DADS Guardianship Services
				  Program contracts with one or more contractors to file an application with the
				  probate courts and to serve as guardian of the person or guardian of the estate
				  or both. The contractor must be able and willing to serve as guardian at a cost
				  equal to or less than the cost of providing comparable guardianship services by
				  the DADS Guardianship Services Program.
(c) To be eligible for guardianship services
				  through a contractor, an individual must be eligible to be a ward of the DADS
				  Guardianship Services Program.
(d)
				  Funding from DADS guardianship contracts is intended to offset the contractor's
				  cost of providing guardianship services. A contractor must not use DADS funds
				  for a ward's daily living expenses or bill a ward for any other
				  services.
(e) A contractor must
				  comply with the requirements in this subchapter and in Subchapters D - E of
				  this chapter (relating to Records Management, and Contract Monitoring and
				  Compliance). If a contract with the DADS Guardianship Services Program is
				  terminated or is not renewed, a contractor may continue providing services
				  through an alternate source of funds or apply to the courts to resign as
				  guardian and have a successor guardian appointed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter C - CONTRACTOR REQUIREMENTS › Section 361.53 - Eligibility to Be a Guardianship Contractor

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible to apply for a
				  guardianship contract with DADS, an agency must meet the definition of a
				  guardianship program in Texas Estates Code, §1002.016 .
(b) An agency must agree to comply with the
				  minimum standards for guardianship services established by the Judicial Branch
				  Certification Commission under Texas Government Code, §
										155.101.
(c) An agency must agree to comply with the
				  certification requirements of the Judicial Branch Certification Commission as
				  authorized in Texas Government Code, §
										155.102
				  for all individuals who will provide guardianship services to a ward of the
				  program on behalf of DADS .
(d) An
				  agency must agree to terminate an employee who commits an action that results
				  in the agency being removed as guardian by the courts. If the agency fails to
				  take action against an employee or has demonstrated a pattern of activity
				  resulting in removal as guardian by the courts within the previous five years,
				  the agency may become ineligible to contract with the DADS Guardianship
				  Services Program.
(e) If an agency
				  is held in contempt, fined, surcharged, removed as guardian, or found not
				  suitable to serve as guardian by the courts, the DADS Guardianship Services
				  Program may consider these actions in determining present and future
				  eligibility and the agency may become ineligible to contract with the DADS
				  Guardianship Services Program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter C - CONTRACTOR REQUIREMENTS › Section 361.55 - Acceptance of Referrals from DADS

Current through Reg. 49, No. 28; July 12, 2024
(a) An agency, in its application for a
				  contract with DADS, must identify the population groups for whom it provides
				  services, in terms of age, mobility, or other factors. The application must
				  also specify the geographic areas within which it provides services.
(b) A contractor must accept all referrals
				  from DADS and apply for guardianship or successor guardianship if a contractor
				  serves the county in which the incapacitated individual resides, and if the
				  individual qualifies for the contractor's guardianship program, provided that
				  the contractor is under the maximum service authorization level provided in the
				  contract. If the contractor has reached the maximum service authorization level
				  provided in the contract, DADS may offer the contractor an opportunity to apply
				  for guardianship and provide services through other sources of funds.
(c) If a contractor believes that DADS has
				  assigned an individual for guardianship or successor guardianship who does not
				  fit the guardianship program's eligibility criteria, the contractor may request
				  that the DADS Guardianship Services Program management and the appropriate
				  guardianship supervisor to reconsider the referral. The DADS Guardianship
				  Services Program management or the appropriate guardianship supervisor may, at
				  the management's or supervisor's discretion, withdraw the referral to the
				  contractor .
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter C - CONTRACTOR REQUIREMENTS › Section 361.57 - Policies and Procedures Required of Contractors

Current through Reg. 49, No. 28; July 12, 2024
A contractor must have written policies and procedures
					 that:
(1) identify the management
				  structure of the agency and clearly reveal the decision-making authority and
				  chain of command;
(2) establish
				  qualifications for employees and volunteers that indicate type of position,
				  education required, and any licensure requirements;
(3) describe hiring practices and ensure
				  compliance with applicable state and federal laws;
(4) describe what orientation will be
				  provided to employees and volunteers, including what additional training will
				  be provided if volunteers are used;
(5) ensure that allegations of abuse,
				  neglect, and exploitation are reported to DFPS as mandated by state
				  law;
(6) describe actions to be
				  taken if a ward has a crisis and needs emergency help;
(7) describe the minimum standards for
				  guardianship adopted by rule by the Office of Court Administration when serving
				  as a guardian;
(8) include ethical
				  standards for guardianship and estate matters;
(9) include procedures for compliance with
				  court orders and other local practices based upon the court system in the
				  geographic area;
(10) include a
				  system for receiving complaints, recording the complaints, and taking action;
				  and
(11) include procedures for
				  communication with DADS to include:
(A)
				  notification of a court hearing involving a DADS ward;
(B) notification of a ward's death;
(C) notification of a court order closing a
				  guardianship;
(D) notification of
				  an unusual occurrence, such as a pregnancy or a serious illness; and
(E) monthly reports to be sent to
				  DADS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter C - CONTRACTOR REQUIREMENTS › Section 361.59 - Qualifications and Training Requirements for Contractor Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor
				  must:
(1) provide an adequate number of
				  qualified employees to meet the needs of wards that DADS refers to the
				  contractor;
(2) employ case
				  managers who have the following qualifications:
(A) be at least 21 years of age;
(B) be a high school graduate or possess the
				  general education development equivalent; and
(C) have:
(i) at least two years of relevant work
				  experience related to guardianship; or
(ii) the following educational or training
				  requirements:
(I) a minimum of a bachelor's
				  degree conferred by a college or university accredited by an organization
				  recognized by the Texas Higher Education Coordinating Board in a field related
				  to guardianship, including but not limited to medical, mental health and
				  intellectual disability, law, business, accounting, social work, sociology,
				  psychology, human services, protective services, and criminal justice fields;
				  or
(II) completion of a course
				  curriculum or training specifically related to guardianship approved by the
				  Judicial Branch Certification Commission; and
(D) are certified as a guardian by the
				  Judicial Branch Certification Commission;
(3) provide an orientation program that
				  explains:
(A) the responsibilities associated
				  with each new employee's position;
(B) the responsibilities of the guardianship
				  program to the ward;
(C) the
				  relationship of the ward to the guardianship program and to DADS;
(D) an overview of the Texas Estates Code and
				  the program's responsibilities per the code;
(E) an overview of any rules or regulations
				  that affect the guardianship program;
(F) an overview of aging and disability;
				  medical issues, including medical treatment and medication; and end-of-life
				  decisions;
(G) the principles of
				  person-directed planning including consideration of a ward's personal
				  preferences, desires, religious beliefs, and living arrangements; and
(H) the principle of substituted judgment and
				  the best interest standard for decision-making;
(4) maintain a copy of the information
				  presented at the orientation for each employee and have signed documentation of
				  attendance at the orientation; and
(5) provide ongoing training based upon the
				  needs of the ward as described in subsections (b) and (c) of this section and
				  any changes in rules or state law.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter C - CONTRACTOR REQUIREMENTS › Section 361.61 - Qualifications and Training Requirements for Volunteers of Contractors

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor
				  that uses a volunteer who is not a certified guardian must ensure that the
				  volunteer does not perform guardianship duties, but the volunteer may provide
				  services that a DADS volunteer may provide under Texas Human Resources Code
				  §
										161.114(c).
(b) A contractor that uses a volunteer must:
(1) provide training that is relevant to the
				  services the volunteer will provide;
(2) assign to the volunteer a supervisor who
				  is a certified guardian and an employee of the contractor;
(3) ensure that the volunteer does not
				  provide services to a DADS ward until documentation and observation indicate
				  the volunteer is qualified to work with the ward;
(4) ensure that the volunteer's supervisor
				  reviews all work completed by the volunteer;
(5) ensure that the volunteer's supervisor
				  countersigns all documentation completed by the volunteer;
(6) ensure that the volunteer's supervisor
				  meets with the volunteer at least once per month and documents the
				  meeting;
(7) ensure that the
				  volunteer protects the health and safety of the ward;
(8) provide additional training to the
				  volunteer on skills needed to provide services at least annually; and
(9) document training provided to the
				  volunteer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter C - CONTRACTOR REQUIREMENTS › Section 361.67 - Criminal Background Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  contractor must ensure that each employee and volunteer of the contractor who
				  has contact with a DADS ward or with the estate or benefits of a ward:
(1) has not been convicted of any crimes
				  outlined in Texas Estates Code, §1104.353 ;
(2) is not a person meeting the
				  specifications in Texas Estates Code, §§1104.351 -
				  1104.357;
(3) does not have charges
				  pending from, has not admitted guilt for, or has not been found guilty of the
				  offenses under the Texas Penal Code in subsection (b) of this section or any
				  like offense under the law of another state or federal law, even if probation
				  was granted, if deferred adjudication was granted on a plea of guilty, or if
				  deferred adjudication was granted on a plea of no contest and no record exists,
				  but the contractor has independent knowledge of these facts; and
(4) does not have an interest that is adverse
				  to a ward of the DADS Guardianship Services Program or any of its contractors
				  under Texas Estates Code, §1055.001 , including:
(A) being an actual or potential creditor or
				  debtor of the ward;
(B) being an
				  opposing party to a ward in a lawsuit;
(C) being the guarantor of a ward's
				  promissory note;
(D) having a duty
				  to account to a ward other than the normal duty to account arising from
				  guardianships under its contract; or
(E) having any other financial or other
				  interest adverse to a ward.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter C - CONTRACTOR REQUIREMENTS › Section 361.69 - Quality Assurance Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  contractor must develop a quality assurance plan that describes the
				  contractor's system of self-monitoring to ensure:
(1) consistency and quality of care provided
				  to wards of the guardianship program; and
(2) compliance with:
(A) the Texas Estates Code;
(B) other requirements imposed by the courts;
				  and
(C) the guardianship provider
				  handbook, other program policies, rules, and standards.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 361 - GUARDIANSHIP SERVICES › Subchapter C - CONTRACTOR REQUIREMENTS › Section 361.71 - Fiscal Management

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  contractor must establish policies and procedures that describe:
(1) an accounting system to ensure that
				  payment is made by DADS to the contractor only if services provided have been
				  rendered;
(2) a tracking system
				  that includes receipts and a description of the goods or services provided for
				  all fiscal matters for wards served by the guardianship program;
(3) a system to refund monies to DADS or to a
				  ward if needed;
(4) compliance with
				  state and federal laws and regulations regarding sound accounting practices for
				  the contractor; and
(5) internal
				  and external audits to be performed on a regular basis.