HUMAN RESOURCES CODE
CHAPTER 22. GENERAL FUNCTIONS OF DEPARTMENT OF HUMAN SERVICES
§ 22.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
AND HUMAN SERVICES. The commissioner of health and human services
has the powers and duties relating to the board and commissioner as
provided by Section 531.0055, Government Code. To the extent a
power or duty given to the board or commissioner by this title or
another law conflicts with Section 531.0055, Government Code,
Section 531.0055 controls.
Added by Acts 1999, 76th Leg., ch. 1460, § 2.03, eff. Sept. 1,
1999.
§ 22.001. GENERAL POWERS AND DUTIES OF THE
DEPARTMENT. (a) The department is responsible for administering
the welfare functions authorized in this title.
(b) The department shall administer assistance to needy
persons who are aged, blind, or disabled and to needy families with
dependent children. The department shall also administer or
supervise general relief services. The department may administer
state child day-care services.
(c) The department shall assist other governmental agencies
in performing services in conformity with the purposes of this
title when so requested and shall cooperate with the agencies when
expedient.
(d) The department shall conduct research and compile
statistics on public welfare programs in the state. The research
must include all phases of dependency and delinquency and related
problems. The department shall cooperate with other public and
private agencies in developing plans for the prevention and
treatment of conditions giving rise to public welfare problems.
Text of subsec. (e) as added by Acts 2003, 78th Leg., ch. 162, § 1
(e) The department may solicit and accept gifts, grants, and
donations of money or property from public or private sources for
use in assisting needy persons or otherwise carrying out any of the
department's functions.
Text of subsec. (e) as added by Acts 2003, 78th Leg., ch. 198, §
2.129 and Acts 2003, 78th Leg., ch. 1325, § 13.06
(e) The department shall contract with the Texas Department
of Transportation for the Texas Department of Transportation to
assume all responsibilities of the department relating to the
provision of transportation services for clients of eligible
programs.
Acts 1979, 66th Leg., p. 2340, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1987, 70th Leg., ch. 1052, § 1.07, 1.08,
eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1265, § 1, eff.
Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 747, § 61(3), eff.
Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, § 8.013, eff. Sept.
1, 1995; Acts 2003, 78th Leg., ch. 162, § 1, eff. May 27, 2003;
Acts 2003, 78th Leg., ch. 198, § 2.129, eff. Sept. 1, 2003; Acts
2003, 78th Leg., ch. 1325, § 13.06, eff. Sept. 1, 2003.
§ 22.0011. DEFINITION. In this chapter, except in
Section 22.032, "long-term care services" means the provision of
personal care and assistance related to health and social services
given episodically or over a sustained period to assist individuals
of all ages and their families to achieve the highest level of
functioning possible, regardless of the setting in which the
assistance is given.
Added by Acts 1999, 76th Leg., ch. 1505, § 1.02, eff. Sept. 1,
1999.
§ 22.0015. EVALUATION AND IMPROVEMENT OF PROGRAMS. The
department shall conduct research, analysis, and reporting of its
programs to evaluate and improve the programs. The department may
contract with one or more independent entities to assist the
department with the research, analysis, and reporting required by
this section.
Added by Acts 1997, 75th Leg., ch. 323, § 1, eff. Sept. 1, 1997.
§ 22.002. ADMINISTRATION OF FEDERAL WELFARE
PROGRAMS. (a) The department is the state agency designated to
cooperate with the federal government in the administration of
Titles IV, XIX, and XX of the federal Social Security Act. The
department shall administer other titles added to the act after
January 1, 1979, unless another state agency is designated by law to
perform the additional functions. The department shall cooperate
with federal, state, and local governmental agencies in the
enforcement and administration of the federal act, and shall
promulgate rules to effect that cooperation.
(b) The department shall cooperate with the United States
Department of Health, Education, and Welfare and other federal
agencies in a reasonable manner and in conformity with the
provisions of this title to the extent necessary to qualify for
federal assistance for persons entitled to benefits under the
federal Social Security Act. The department shall make reports
periodically in compliance with federal regulations.
(c) The department may establish and maintain programs of
assistance and services authorized by federal law and designed to
help needy families and individuals attain and retain the
capability of independence and self-care. Notwithstanding any
other provision of law, the department may extend the scope of its
programs to the extent necessary to ensure that federal matching
funds are available, if the department determines that the
extension of scope is feasible and within the limits of
appropriated funds.
(d) If the department determines that a provision of state
welfare law conflicts with a provision of federal law, the
department may promulgate policies and rules necessary to allow the
state to receive and expend federal matching funds to the fullest
extent possible in accordance with the federal statutes and the
provisions of this title and the state constitution and within the
limits of appropriated funds.
(e) The department may accept, expend, and transfer federal
and state funds appropriated for programs authorized by federal
law. The department may accept, expend, and transfer funds
received from a county, municipality, or public or private agency
or from any other source, and the funds shall be deposited in the
state treasury subject to withdrawal on order of the commissioner
in accordance with the department's rules.
(f) The department may enter into agreements with federal,
state, or other public or private agencies or individuals to
accomplish the purposes of the programs authorized in Subsection
(c) of this section. The agreements or contracts between the
department and other state agencies are not subject to the
Interagency Cooperation Act (Article 4413(32), Vernon's Texas
Civil Statutes).
(g) In administering social service programs authorized by
the Social Security Act, the department may prepay an agency or
facility for expenses incurred under a contract with the department
to provide a social service.
(h) The department may set and charge reasonable fees for
services provided in administering social service programs
authorized by the Social Security Act. The department shall set the
amount of each fee according to the cost of the service provided and
the ability of the recipient to pay.
(i) The department may not deny services administered under
this section to any person because of that person's inability to pay
for services.
Acts 1979, 66th Leg., p. 2340, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1981, 67th Leg., p. 2232, ch. 530, § 1,
eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 3872, ch. 616, § 1,
eff. Sept. 1, 1983.
§ 22.003. RESEARCH AND DEMONSTRATION
PROJECTS. (a) The department may conduct research and
demonstration projects that in the judgment of the commissioner
will assist in promoting the purposes of the department's
assistance programs. The department may conduct the projects
independently or in cooperation with a public or private agency.
(b) The department may use state or federal funds available
for its assistance programs or for research and demonstration
projects to support the projects. The projects must be consistent
with the state and federal laws making the funds available.
Acts 1979, 66th Leg., p. 2341, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 22.0031. PROJECTS FOR HIGH-RISK PREGNANT WOMEN AND
HIGH-RISK CHILDREN. (a) The department shall establish programs
of case management for high-risk pregnant women and high-risk
children to age one as provided under Section 1915(g) of the federal
Social Security Act (42 U.S.C. Section 1396n).
(b) Case management programs may be developed using
contracts with public health entities, hospitals, community health
clinics, physicians, or other appropriate entities which have the
capacity to carry out the full scope of case management activities.
The case manager shall assess the needs of the pregnant woman and
the child and serve as a broker to assure that all needs as defined
in this subsection are met to the greatest extent possible given
existing services available in the project area. These activities
shall include:
(1) assuring that the pregnant woman seeks and
receives early and appropriate prenatal care that conforms to
prescribed medical regimes;
(2) assisting the pregnant woman and child in gaining
access to appropriate social, educational, nutritional, and other
ancillary services as needed in accordance with federal Medicaid
law; and
(3) assuring appropriate coordination within the
medical community.
(c) The provisions of Subsection (b) of this section shall
not be construed to allow a case manager to interfere with the
physician-patient relationship and shall not be construed as
conferring any authority to practice medicine.
(d) The department shall use existing funds of the
department or any other lawful source to fund and support the
projects for high-risk pregnant women and high-risk children.
Added by Acts 1989, 71st Leg., ch. 1215, § 2, eff. Sept. 1, 1989.
§ 22.0033. PROHIBITED ACTIVITIES BY FORMER OFFICERS OR
EMPLOYEES. (a) For one year after the date on which a former
officer or employee of the department terminates service or
employment with the department, the individual may not, directly or
indirectly, attempt or aid in the attempt to procure a contract with
the department that relates to a program or service in which the
individual was directly concerned or for which the individual had
administrative responsibility.
(b) This section does not apply to:
(1) a former employee who is compensated on the last
date of service or employment below the amount prescribed by the
General Appropriations Act for step 1, salary group 17, of the
position classification salary schedule, including a state
employee who is exempt from the state's position classification
plan; or
(2) a former officer or employee who is employed by
another state agency or a community center.
(c) A former officer or employee of the department commits
an offense if the former officer or employee violates this section.
An offense under this section is a Class A misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 76, § 3, eff. Sept. 1, 1991.
§ 22.004. PROVISION OF LEGAL SERVICES. (a) On
request, the department may provide legal services to an applicant
for or recipient of assistance at a hearing before the department.
(b) The services must be provided by an attorney licensed to
practice law in Texas or by a law student acting under the
supervision of a law teacher or a legal services organization, and
the attorney or law student must be approved by the department.
(c) The department shall adopt a reasonable fee schedule for
the legal services. The fees may not exceed those customarily
charged by an attorney for similar services for a private client.
The fees may be paid only from funds appropriated to the department
for the purpose of providing these legal services.
Acts 1979, 66th Leg., p. 2341, ch. 842, art. 1, § 1, eff. Sept. 1,
1979.
§ 22.005. FUNDS. (a) The children's assistance fund
and the medical assistance fund are separate accounts in the
general revenue fund. Money in the separate accounts may be
expended only for the purposes for which the accounts were created
or as otherwise provided by law.
(b) The comptroller shall maintain a department of human
services administration operating fund and a department of human
services assistance operating fund as funds in the state treasury.
(c) On authorization by the department, the comptroller may
transfer funds appropriated for the operation of the department,
current revenues, and balances on hand into the department of human
services administration operating fund or the department of human
services assistance operating fund. On authorization by the
department, the comptroller shall transfer designated funds
between the two operating funds.
(d) With the approval of the comptroller, the department
shall establish an internal accounting system, and the department's
expenditures shall be allocated to the various funds according to
the system. At the end of each fiscal biennium the department shall
report to the comptroller the amount of the unencumbered balances
in each of the department's operating funds that belongs to the
children's assistance fund and the medical assistance fund, and
those unencumbered balances shall be returned to the appropriate
special fund.
(e) If the department determines that a transfer among
appropriated state funds is needed to match federal medical
assistance funds, the department may authorize the comptroller in
writing to transfer funds allocated to the children's assistance
fund into the medical assistance fund, and the department may use
the transferred funds to provide medical assistance to the greatest
extent possible within the limits of state and federal law.
(f) The comptroller is the designated custodian of all funds
administered by the department and received by the state from the
federal government or any other source for the purpose of
implementing the provisions of the Social Security Act. The
comptroller may receive the funds, pay them into the proper fund or
account of the general fund of the state treasury, provide for the
proper custody of the funds, and make disbursements of the funds on
the order of the department and on warrant of the comptroller.
Acts 1979, 66th Leg., p. 2341, ch. 842, art. 1, § 1, eff. Sept. 1,
1979. Amended by Acts 1985, 69th Leg., ch. 264, § 10, eff. Aug.
26, 1985; Acts 1987, 70th Leg., ch. 1052, § 1.09, eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 599, § 14, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 76, § 8.137, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 1423, § 9.01, eff. Sept. 1,
1997.
§ 22.007. PUBLIC INFORMATION CONTRACT
REQUIREMENT. (a) Each contract between the department and a
provider of services must contain a provision that authorizes the
department to display at the service provider's place of business
public awareness information on services provided by the
department.
(b) Notwithstanding Subsection (a) of this section, the
department may not require a physician to display in the
physician's private offices public awareness information on
services provided by the department.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987.
§ 22.008. ENFORCEMENT AND ALTERATION OF SERVICE DELIVERY
STANDARDS. (a) The department shall develop enforcement
guidelines for its community care program that relate to the
service delivery standards required of persons who contract with
the department to carry out its community care program. The
department shall apply the guidelines consistently across the
state.
(b) At the same time the department sends written notice to
a regional department office of a change or interpretation of a
service delivery standard relating to the community care program,
the department shall send a copy of the notice to each community
care program contractor affected by the change or interpretation.
(c) Each decision on whether to enter into a contract in the
community care program that results from a department request for
bids or proposals must be made by one or more persons employed at
the department's state headquarters.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987.
§ 22.009. ADVISORY COMMITTEES. (a) The board shall
appoint advisory committees on the recommendation of the
commissioner to assist the board in performing its duties.
(b) The board shall appoint each advisory committee to
provide for a balanced representation of the general public,
providers, consumers, and other persons, state agencies, or groups
with knowledge of and interest in the committee's field of work.
(c) The board shall specify each advisory committee's
purpose, powers, and duties and shall require each committee to
report to the board in a manner specified by the board concerning
the committee's activities and the results of its work.
(d) The board shall establish procedures for receiving
reports concerning activities and accomplishments of advisory
committees established to advise the board or department. The
board on the recommendation of the commissioner may appoint
additional members to those committees and establish additional
duties of those committees as the board determines to be necessary.
(e) The board shall adopt rules to implement this section.
Those rules must provide that during the development of rules
relating to an area in which an advisory committee exists the
committee must be allowed to assist in the development of and to
comment on the rules before the rules are finally adopted. The
rules may allow the department to bypass this procedure only in an
emergency situation. However, the department shall submit
emergency rules to the appropriate advisory committee for review at
the first committee meeting that occurs after the rules are
adopted.
(f) A member of an advisory committee receives no
compensation but is entitled to reimbursement for transportation
expenses and the per diem allowance for state employees in
accordance with the General Appropriations Act.
(g) Subsections (c) through (f) of this section apply to
each department advisory committee created under this section or
under other law.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987.
§ 22.010. ADVISORY COMMITTEE FOR SERVICES TO AGED AND
DISABLED PERSONS. (a) The Advisory Committee for Services to
Aged and Disabled Persons shall examine and review issues related
to the delivery of departmental services to disabled persons,
including:
(1) the scope and range of services that the
department should provide to disabled persons, including the
coordination of a continuum of community-based services;
(2) how the department may improve the data and
information it collects and maintains relating to services to
disabled persons;
(3) how the department may improve the processes used
to receive and refer requests for services from disabled persons;
and
(4) how the department may improve its organizational
structure to administer the delivery of services to disabled
persons.
(b) The staff of the department's office responsible for
strategic planning shall assist the committee in the examination
and review of the issues.
(c) The department shall consider the long-range
recommendations of the committee in the department's planning
efforts and in the budget requests submitted after the 1990-1991
fiscal biennium.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987.
§ 22.011. MEMORANDUM OF UNDERSTANDING ON SERVICES TO
DISABLED PERSONS. (a) The department, the Texas Department of
Health, the Texas Department of Mental Health and Mental
Retardation, the Texas Rehabilitation Commission, the Texas
Commission for the Blind, the Texas Commission for the Deaf and Hard
of Hearing, and the Texas Education Agency shall adopt a joint
memorandum of understanding to facilitate the coordination of
services to disabled persons. The memorandum shall:
(1) clarify the financial and service
responsibilities of each agency in relation to disabled persons;
and
(2) address how the agency will share data relating to
services delivered to disabled persons by each agency.
(b) These agencies in the formulation of this memorandum of
understanding shall consult with and solicit input from advocacy
and consumer groups.
(c) Not later than the last month of each state fiscal year,
the department and the other agencies shall review and update the
memorandum.
(d) Each agency by rule shall adopt the memorandum of
understanding and all revisions to the memorandum.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987. Amended by Acts 1991, 72nd Leg., ch. 353, § 7, eff. Sept.
1, 1991; Acts 1995, 74th Leg., ch. 835, § 19, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 165, § 6.52, eff. Sept. 1, 1997.
§ 22.013. MEMORANDUM OF UNDERSTANDING ON PUBLIC
AWARENESS INFORMATION. (a) The department, the Texas Department
of Health, the Texas Department of Mental Health and Mental
Retardation, and the Texas Rehabilitation Commission shall adopt a
joint memorandum of understanding that authorizes and requires the
exchange and distribution among the agencies of public awareness
information relating to services provided by or through the
agencies.
(b) Not later than the last month of each state fiscal year,
the department and the other agencies shall review and update the
memorandum.
(c) Each agency by rule shall adopt the memorandum of
understanding and all revisions to the memorandum.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987.
§ 22.014. MEMORANDUM OF UNDERSTANDING ON HOSPITAL AND
LONG-TERM CARE SERVICES. (a) The department, the Texas
Department of Health, and the Texas Department of Mental Health and
Mental Retardation shall adopt a memorandum of understanding that:
(1) clearly defines the responsibilities of each
agency in providing, regulating, and funding hospital or long-term
care services; and
(2) defines the procedures and standards that each
agency will use to provide, regulate, and fund hospital or
long-term care services.
(b) The memorandum must provide that no new rules or
regulations that would increase the costs of providing the required
services or would increase the number of personnel in hospital or
long-term care facilities may be promulgated by either the
department, the Department of Health, or the Department of Mental
Health and Mental Retardation unless the commissioner of health
certifies that the new rules or regulations are urgent as well as
necessary to protect the health or safety of recipients of hospital
or long-term care services.
(c) The memorandum must provide that any rules or
regulations proposed by the department, the Department of Health,
or the Department of Mental Health and Mental Retardation which
would increase the costs of providing the required services or
which would increase the number of personnel in hospital or
long-term care facilities must be accompanied by a fiscal note
prepared by the agency proposing said rules and submitted to the
department. The fiscal note should set forth the expected impact
which the proposed rule or regulation will have on the cost of
providing the required service and the anticipated impact of the
proposed rule or regulation on the number of personnel in hospital
or long-term care facilities. The memorandum must provide that in
order for a rule to be finally adopted the department must provide
written verification that funds are available to adequately
reimburse hospital or long-term care service providers for any
increased costs resulting from the rule or regulation. The
department is not required to provide written verification if the
commissioner of health certifies that a new rule or regulation is
urgent as well as necessary to protect the health or safety of
recipients of hospital or long-term care services.
(d) The memorandum must provide that upon final adoption of
any rule increasing the cost of providing the required services,
the department must establish reimbursement rates sufficient to
cover the increased costs related to the rule. The department is
not required to establish reimbursement rates sufficient to cover
the increased cost related to a rule or regulation if the
commissioner of health certifies that the rule or regulation is
urgent as well as necessary to protect the health or safety of
recipients of hospital or long-term care services.
(e) The memorandum must provide that Subsections (b)
through (d) of this section do not apply if the rules are required
by state or federal law or federal regulations.
(f) These agencies in the formulation of this memorandum of
understanding shall consult with and solicit input from advocacy
and consumer groups.
(g) Not later than the last month of each state fiscal year,
the department and the other agencies shall review and update the
memorandum.
(h) Each agency by rule shall adopt the memorandum of
understanding and all revisions to the memorandum.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987.
§ 22.015. REPORTING OF PHYSICIAN MISCONDUCT OR
MALPRACTICE. (a) If the department receives an allegation that a
physician employed by or under contract with the department has
committed an action that constitutes a ground for the denial or
revocation of the physician's license under Section 164.051,
Occupations Code, the department shall report the information to
the Texas State Board of Medical Examiners in the manner provided by
Section 154.051, Occupations Code.
(b) The department shall provide the Texas State Board of
Medical Examiners with a copy of any report or finding relating to
an investigation of an allegation reported to the Texas State Board
of Medical Examiners.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987. Amended by Acts 2001, 77th Leg., ch. 1420, § 14.812, eff.
Sept. 1, 2001.
§ 22.016. SPECIAL PURCHASING PROCEDURES. The
department shall comply with any special purchasing procedures
requiring competitive review under Subtitle D, Title 10,
Government Code.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987. Amended by Acts 1997, 75th Leg., ch. 165, § 17.19(4), eff.
Sept. 1, 1997.
§ 22.017. PROGRAM ACCESSIBILITY. The department shall
prepare and maintain a written plan that describes how persons who
do not speak English or who have physical, mental, or developmental
disabilities can be provided reasonable access to the department's
programs.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987.
§ 22.018. COOPERATION WITH STATE OFFICE OF
ADMINISTRATIVE HEARINGS. (a) The department and the chief
administrative law judge of the State Office of Administrative
Hearings shall adopt a memorandum of understanding under which the
State Office of Administrative Hearings, on behalf of the
department, conducts all contested case hearings authorized or
required by law to be conducted by the department under the
administrative procedure law, Chapter 2001, Government Code.
(b) The memorandum of understanding shall require the chief
administrative law judge, the department, and the commissioner to
cooperate in connection with a contested case hearing and may
authorize the State Office of Administrative Hearings to perform
any administrative act, including giving of notice, that is
required to be performed by the department or commissioner.
(c) The memorandum of understanding shall address whether
the administrative law judge who conducts a contested case hearing
for the State Office of Administrative Hearings on behalf of the
department shall:
(1) enter the final decision in the case after
completion of the hearing; or
(2) propose a decision to the department or the
commissioner for final consideration.
(d) The department by interagency contract shall reimburse
the State Office of Administrative Hearings for the costs incurred
in conducting contested case hearings for the department. The
department may pay an hourly fee for the costs of conducting those
hearings or a fixed annual fee negotiated biennially by the
department and the State Office of Administrative Hearings to
coincide with the department's legislative appropriations request.
(e) A reference in law to the hearings division of the
department is considered to be a reference to the State Office of
Administrative Hearings when used in relation to a contested case
hearing under the administrative procedure law, Chapter 2001,
Government Code.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.11(a), eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff.
Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1505, § 1.03, eff.
Sept. 1, 1999.
§ 22.019. DUE PROCESS PROCEDURES. (a) The department
may not retroactively apply a rule, standard, guideline, or policy
interpretation.
(b) The department shall adopt any changes in departmental
policy in accordance with the rule-making provisions of Chapter
2001, Government Code. The department shall use periodic bulletins
and indexes to notify contractors of changes in policy and to
explain the changes. The department may not adopt a change in
departmental policy that takes effect before the date on which the
department notifies contractors as prescribed by this subsection.
(c) The board shall adopt a rule requiring the department to
respond in writing to each written inquiry from a contractor not
later than the 14th day after the date on which the department
receives the inquiry.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.12(a), eff. Sept. 1,
1987. Amended by Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff.
Sept. 1, 1995.
§ 22.020. AUDIT PROCEDURE. At any time during an audit,
the department shall permit a contractor to submit additional or
alternative documentation to prove that services were delivered to
an eligible client. Any recovery of costs by the department from
the contractor for using additional or alternative documentation
may not exceed the amount the contractor would otherwise be
entitled to receive under the contract as administrative costs.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.12(a), eff. Sept. 1,
1987.
§ 22.021. DISTRIBUTION OF FUNDS. (a) If funds are
appropriated to the department for the general support or
development of a service that is needed throughout the state, the
department shall allocate those funds equitably across the state.
(b) This section does not apply to funds appropriated for a
research or demonstration program or for the purchase of direct
services.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.12(a), eff. Sept. 1,
1991.
§ 22.022. RESIDENCY REQUIREMENTS. To the extent
permitted by law the department shall only provide services to
legal residents of the United States or the State of Texas.
Added by Acts 1987, 70th Leg., ch. 1052, § 1.12(a), eff. Sept. 1,
1987.
§ 22.023. PAYMENT FOR CERTAIN INSURANCE
COVERAGE. (a) In this section, "AIDS" and "HIV" have the meanings
assigned by Section 81.101, Health and Safety Code.
(b) Subject to the limitations in Subsection (c) of this
section, the department may purchase and pay the premiums for a
conversion policy or other health insurance coverage for a person
who is diagnosed as having AIDS, HIV, or other terminal or chronic
illness and whose income level is less than 200 percent of the
federal poverty level, based on the federal Office of Management
and Budget poverty index in effect at the time coverage is provided,
even though a person may be eligible for benefits under Chapter 32
of this code. Health insurance coverage for which premiums may be
paid under this section includes coverage purchased from an
insurance company authorized to do business in this state, a group
hospital services corporation operating under Chapter 842,
Insurance Code, a health maintenance organization operating under
Chapter 843, Insurance Code, or an insurance pool created by the
federal or state government or a political subdivision of the
state.
(c) If a person is eligible for benefits under Chapter 32 of
this code, the department may not purchase or pay premiums for a
health insurance policy under this section if the premiums to be
charged for the health insurance coverage are greater than premiums
paid for benefits under Chapter 32 of this code. The department may
not purchase or pay premiums for health insurance coverage under
this section for a person at the same time that that person is
covered by benefits under Chapter 32 of this code.
(d) The department shall pay for that coverage with money
made available to it for that purpose.
(e) The board by rule may adopt necessary rules, criteria,
and plans and may enter into necessary contracts to carry out this
section.
Added by Acts 1989, 71st Leg., ch. 1041, § 5, eff. Sept. 1, 1989.
Amended by Acts 1991, 72nd Leg., ch. 14, § 284(10), eff. Sept. 1,
1991; Acts 2003, 78th Leg., ch. 1276, § 10A.534, eff. Sept. 1,
2003.
§ 22.024. DEVELOPMENT OF SERVICE PLAN FOR ELDERLY OR
DISABLED. If the Texas Department of Human Services, Texas
Department of Mental Health and Mental Retardation, Texas
Commission for the Deaf and Hard of Hearing, Texas Department on
Aging, or another agency funded in the General Appropriations Act
under appropriations for health, welfare, and rehabilitation
agencies receives funds to provide case management services to the
elderly or disabled, the agency shall provide information to its
staff concerning the services other agencies provide to those
populations. The agency's staff shall use that information to
develop a comprehensive service plan for its clients.
Added by Acts 1989, 71st Leg., ch. 1085, § 1, eff. Sept. 1, 1989.
Renumbered from § 22.023 by Acts 1990, 71st Leg., 6th C.S., ch.
12, § 2(10), eff. Sept. 6, 1990. Amended by Acts 1991, 72nd
Leg., ch. 353, § 8, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch.
835, § 20, eff. Sept. 1, 1995.
§ 22.025. ERROR-RATE REDUCTION. (a) The department
shall:
(1) set progressive goals for improving the
department's error rates in the aid to families with dependent
children and food stamp programs; and
(2) develop a specific schedule to meet those goals.
(b) Each fiscal quarter, the department shall prepare a
report detailing the progress the department has made in reaching
its goals. The report must include an analysis by region of the
department's goals and performance relating to error-rate
reduction. The department shall send a copy of the report to the
governor's office, the legislative budget office, and any
appropriate interagency task force having oversight responsibility
over welfare fraud.
(c) As appropriate, the department shall include in its
employee evaluation process a rating system that emphasizes
error-rate reduction and workload.
(d) The department shall take appropriate action if a region
has a higher than average error rate and that rate is not reduced in
a reasonable period.
Added by Acts 1995, 74th Leg., ch. 655, § 8.08(a), eff. Sept. 1,
1995.
§ 22.0251. TIMELY DETERMINATION OF
OVERPAYMENTS. (a) Subject to the approval of the commissioner of
health and human services, the department shall:
(1) determine and record the time taken by the
department to establish an overpayment claim in the food stamp
program or the program of financial assistance under Chapter 31;
(2) set progressive goals for reducing the time
described by Subdivision (1); and
(3) adopt a schedule to meet the goals set under
Subdivision (2).
(b) The department shall submit to the governor, the
Legislative Budget Board, and the Health and Human Services
Commission a semiannual report detailing the department's progress
in reaching its goals under Subsection (a)(2). The report may be
consolidated with any other report relating to the same subject
that the department is required to submit under other law.
Added by Acts 1997, 75th Leg., ch. 1153, § 1.01(a), eff. Sept. 1,
1997.
§ 22.0252. TELEPHONE COLLECTION PROGRAM. (a) The
department shall use the telephone to attempt to collect
reimbursement from a person who receives a benefit granted in error
under the food stamp program or the program of financial assistance
under Chapter 31.
(b) The department shall submit to the governor, the
Legislative Budget Board, and the Health and Human Services
Commission a semiannual report on the operation and success of the
telephone collection program. The report may be consolidated with
any other report relating to the same subject that the department is
required to submit under other law.
(c) The department shall ensure that the telephone
collection program attempts to collect reimbursement for all
identified delinquent payments for which 15 days or more have
elapsed since the initial notice of delinquency was sent to the
recipient.
(d) The department shall use an automated collections
system to monitor the results of the telephone collection program.
The system must:
(1) accept data from the accounts receivable tracking
system used by the department;
(2) automate recording tasks performed by a collector,
including providing access to department records regarding the
recipient and recording notes and actions resulting from a call
placed to the recipient;
(3) automatically generate a letter to a recipient
following a telephone contact that confirms the action to be taken
regarding the delinquency;
(4) monitor the receipt of scheduled payments from a
recipient for repayment of a delinquency; and
(5) generate reports regarding the effectiveness of
individual collectors and of the telephone collection program.
Added by Acts 1997, 75th Leg., ch. 1153, § 1.01(a), eff. Sept. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 206, § 2, eff. Sept.
1, 1999.
§ 22.0253. PARTICIPATION IN FEDERAL TAX REFUND OFFSET
PROGRAM. The department shall participate in the Federal Tax
Refund Offset Program (FTROP) to attempt to recover benefits
granted by the department in error under the food stamp program.
The department shall submit as many claims that meet program
criteria as possible for offset against income tax returns.
Added by Acts 1997, 75th Leg., ch. 1153, § 1.01(a), eff. Sept. 1,
1997.
§ 22.0254. PROSECUTION OF FRAUDULENT CLAIMS. (a) The
department shall keep a record of the dispositions of referrals
made by the department to a district attorney concerning fraudulent
claims for benefits under the food stamp program or the program of
financial assistance under Chapter 31.
(b) The department may:
(1) request status information biweekly from the
appropriate district attorney on each major fraudulent claim
referred by the department;
(2) request a written explanation from the appropriate
district attorney for each case referred in which the district
attorney declines to prosecute; and
(3) encourage the creation of a special welfare fraud
unit in each district attorney's office that serves a municipality
with a population of more than 250,000, to be financed by amounts
provided by the department.
(c) The department by rule may define what constitutes a
major fraudulent claim under Subsection (b)(1).
Added by Acts 1997, 75th Leg., ch. 1153, § 1.01(a), eff. Sept. 1,
1997.
§ 22.0255. RETURNED-MAIL REDUCTION. (a) The
department shall develop and implement policies and procedures
designed to improve the department's electronic benefits transfer
cards used for federal and state entitlement programs administered
by the department.
(b) The department shall set an annual goal of reducing the
amount of returned mail it receives under the programs described by
Subsection (a) so that the percentage rate of returned mail is
within one percent of the percentage rate of returned mail reported
annually for the credit card and debit card industries.
(c) The department shall submit a biennial report to the
governor's office, the legislature, and the Legislative Budget
Board detailing the progress the department has made in reaching
its goals under this section.
Added by Acts 1997, 75th Leg., ch. 322, § 1, eff. May 26, 1997.
§ 22.026. REDUCTION OF CLIENT FRAUD. The department
shall:
(1) ensure that errors attributed to client fraud are
appropriate; and
(2) take immediate and appropriate action to limit any
client fraud that occurs.
Added by Acts 1995, 74th Leg., ch. 655, § 8.08(a), eff. Sept. 1,
1995.
§ 22.027. FRAUD PREVENTION. (a) to (d) Repealed by
Acts 1997, 75th Leg., ch. 1153, § 1.06(i), eff. Sept. 1, 1997.
(e) The department and the comptroller shall coordinate
their efforts to cross-train agency staff whose duties include
fraud prevention and detection to enable the staff to identify and
report possible fraudulent activity in programs, taxes, or funds
administered by the other agency.
(f) A local law enforcement agency that seizes an electronic
benefits transfer (EBT) card issued by the department to a
recipient of an entitlement program administered by the department
shall immediately notify the department of the seizure and return
the card to the department. The department shall send letters to
local law enforcement agencies or post materials in the buildings
in which those agencies are located to ensure that local law
enforcement officials are aware of this requirement.
Added by Acts 1995, 74th Leg., ch. 655, § 8.04(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 322, § 2, eff. May 26,
1997.
§ 22.028. ELECTRONIC BENEFITS TRANSFER:
MONITORING. (a) The private electronic benefits transfer (EBT)
operator with which the department contracts to administer the EBT
system, shall establish procedures to maintain records that monitor
all debit transactions relating to EBT client accounts under this
section. The EBT operator shall deliver copies of the records to
the department and the comptroller not later than the first day of
each month. The department shall immediately review the records
and assess the propriety of the debit transactions.
(b) After reviewing the records under Subsection (a), the
department shall take necessary or advisable action to ensure
compliance with EBT rules by the EBT operator, retailers, and
clients.
(c) No later than the first day of each month, the
department shall send the comptroller a report listing the accounts
on which enforcement actions or other steps were taken by the
department in response to the records received from the EBT
operator under this section, and the action taken by the
department. The comptroller shall promptly review the report and,
as appropriate, may solicit the advice of the Medicaid and Public
Assistance Fraud Oversight Task Force regarding the results of the
department's enforcement actions.
Added by Acts 1995, 74th Leg., ch. 655, § 8.04(a), eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1153, § 1.06(b), eff.
Sept. 1, 1997.
§ 22.029. PROJECT FOR FRAUD DETECTION AND PREVENTION
THROUGH DATA MATCHING. (a) In order to enhance the state's
ability to detect and prevent fraud in the payment of claims under
federal and state entitlement programs, the Health and Human
Services Commission shall implement a data matching project as
described by Subsection (b). The costs of developing and
administering the data matching project shall be paid entirely from
amounts recovered by participating agencies as a result of
potential fraudulent occurrences or administrative errors
identified by the project.
(b) The project shall involve the matching of database
information among all agencies using electronic funds transfer and
other participating agencies. The commission shall contract
through a memorandum of understanding with each agency
participating in the project. After the data has been matched, the
commission shall furnish each participating agency with a list of
potential fraudulent occurrences or administrative errors.
(c) Each agency participating in a matching cycle shall
document actions taken to investigate and resolve fraudulent issues
noted on the list provided by the commission. The commission shall
compile the documentation furnished by participating agencies for
each matching cycle, and shall report the results of the project to
the governor, lieutenant governor, speaker of the house of
representatives, and Legislative Budget Board not later than
December 1, 1996.
(d) Agencies participating under Subsection (b) shall
cooperate fully with the commission in the prompt provision of data
in the requested format, for the identification of suspected
fraudulent occurrences, or administrative errors as the commission
may otherwise reasonably request in order to carry out the intent of
this section.
(e) The commission and participating agencies providing
source data for the project shall take all necessary steps to
protect the confidentiality of information provided as part of this
project, in compliance with all existing state and federal privacy
guidelines.
Added by Acts 1995, 74th Leg., ch. 655, § 8.03, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 827, § 2, eff. Sept.
1, 1997.
§ 22.0291. PROJECT FOR IDENTIFYING PERSONS ELIGIBLE FOR
BENEFITS THROUGH DATA MATCHING. (a) The Texas Department of
Health shall implement a data matching project to locate
individuals who qualify to participate in the federal special
supplemental food program for women, infants, and children. The
department shall notify eligible persons and encourage them to
apply for the program.
(b) The department shall identify other state agency
databases that could be matched with the department's database for
the federal special supplemental food program for women, infants,
and children. The department shall contract through a memorandum
of understanding with each agency participating in the project.
(c) Agencies participating under Subsection (b) shall
cooperate fully with the department and promptly provide data in
the requested format.
(d) The department and participating agencies providing
source data for the project shall take all necessary steps to
protect the confidentiality of information provided as part of this
project, in compliance with all existing state and federal privacy
guidelines.
(e) The Texas Department of Health shall identify the
databases for the matching project not later than December 30,
1997, and shall begin database matching not later than July 1, 1998.
Added by Acts 1997, 75th Leg., ch. 827, § 3, eff. Sept. 1, 1997.
§ 22.0292. INFORMATION MATCHING SYSTEM RELATING TO
IMMIGRANTS AND FOREIGN VISITORS. (a) The department shall,
through the use of a computerized matching system, compare
department information relating to applicants for and recipients of
food stamps and financial assistance under Chapter 31 with
information obtained from the Department of State of the United
States and the United States Department of Justice relating to
immigrants and visitors to the United States for the purpose of
preventing individuals from unlawfully receiving public assistance
benefits administered by the department.
(b) The department may enter into an agreement with the
Department of State of the United States and the United States
Department of Justice as necessary to implement this section.
(c) The department and federal agencies sharing information
under this section shall protect the confidentiality of the shared
information in compliance with all existing state and federal
privacy guidelines.
(d) The department shall submit to the governor, the
Legislative Budget Board, and the Health and Human Services
Commission a semiannual report on the operation and success of the
information matching system required by this section. The report
may be consolidated with any other report relating to the same
subject matter the department is required to submit under other
law.
Added by Acts 1997, 75th Leg., ch. 1153, § 1.01(b), eff. Sept. 1,
1997. Renumbered from § 22.0291 by Acts 1999, 76th Leg., ch. 62,
§ 19.01(69), eff. Sept. 1, 1999.
§ 22.030. AGREEMENTS FOR PURCHASE OF SERVICES FOR
CHILDREN. (a) To ensure the maximum use of available federal
matching funds for child care services and other support services
under Section 31.010, the Department of Human Services shall enter
into agreements with the appropriate local community organizations
to receive donations to be used for the purchase of services for
which matching federal funds are available.
(b) The Department of Human Services shall cooperate with
each local community organization to develop guidelines for the use
of that community's donation to provide the services described in
Subsection (a) of this section.
Added by Acts 1995, 74th Leg., ch. 655, § 6.05, eff. Sept. 1,
1995.
§ 22.031. UNANNOUNCED INSPECTIONS. The department may
make any inspection of a facility or program under the department's
jurisdiction without announcing the inspection.
Added by Acts 1995, 74th Leg., ch. 531, § 3, eff. Aug. 28, 1995.
Renumbered from V.T.C.A., Human Resources Code § 22.025 by Acts
1997, 75th Leg., ch. 165, § 31.01(60), eff. Sept. 1, 1997.
§ 22.032. USE OF EARNED FEDERAL FUNDS. Subject to the
General Appropriations Act, the department may use earned federal
funds derived from recovery of amounts paid or benefits granted by
the department as a result of fraud to pay the costs of the
department's activities relating to preventing fraud.
Added by Acts 1997, 75th Leg., ch. 1153, § 1.02, eff. Sept. 1,
1997.
§ 22.034. WORK GROUP ON LONG-TERM CARE
SERVICES. (a) In this section, "long-term care services"
includes community care services and support, and services provided
by nursing facilities, assisted living facilities, group homes,
intermediate care facilities for persons with mental retardation,
and other institutional care facilities.
(b) A work group is created to assist the department and the
Texas Department of Mental Health and Mental Retardation in
studying coordination of planning and services between the two
agencies in providing long-term care services.
(c) The work group is composed of the following 20 members:
(1) two representatives of the department, appointed
by the commissioner;
(2) two representatives of the Texas Department of
Mental Health and Mental Retardation, appointed by the commissioner
of mental health and mental retardation;
(3) two representatives of the Texas Department on
Aging, appointed by the executive director of aging;
(4) one representative of the Health and Human
Services Commission, appointed by the commissioner of health and
human services;
(5) three consumers of long-term care services,
jointly appointed by the commissioner and the commissioner of
mental health and mental retardation;
(6) two advocates for elderly individuals, appointed
by the commissioner;
(7) two advocates for persons with disabilities,
appointed by the commissioner;
(8) two advocates for people with mental retardation
and mental illness, appointed by the commissioner of mental health
and mental retardation; and
(9) four long-term care services providers, jointly
appointed by the commissioner and the commissioner of mental health
and mental retardation, representative of the broadest array of
settings listed in Subsection (a).
(d) A member of the work group serves at the will of the
appointing agency.
(e) The members of the work group shall elect a presiding
officer and any other necessary officers.
(f) The work group shall meet at the call of the presiding
officer.
(g) A member of the work group receives no additional
compensation for serving on the work group. Persons serving on the
work group shall be reimbursed for travel and other expenses
necessary for participation as provided in the General
Appropriations Act.
(h) The work group shall study and report on coordination of
planning and services between the department and the Texas
Department of Mental Health and Mental Retardation in providing
long-term care services. As part of its study and report on
coordination, the work group shall also study and make
recommendations on the development of consistent and standardized:
(1) regulation of residential and community long-term
care services;
(2) rate-setting processes for long-term care
providers and services;
(3) contractor monitoring for long-term care
providers and services;
(4) intake, assessment, referral, and coordinated
case management procedures for long-term care services; and
(5) administration of the In-Home and Family Support
Program operated by the department and the Texas Department of
Mental Health and Mental Retardation.
(i) The work group shall report annually to the
commissioner, the commissioner of health and human services, and
the commissioner of mental health and mental retardation. The
report must include any recommendations on subjects the work group
has studied.
(j) The work group is not subject to Chapter 2110,
Government Code.
Added by Acts 1999, 76th Leg., ch. 1505, § 1.04, eff. Sept. 1,
1999.
§ 22.035. CHILDREN'S POLICY COUNCIL. (a) A work group
to be known as the Children's Policy Council shall assist the
department, the commissioner of health and human services, the
Texas Department of Health, the Texas Department of Mental Health
and Mental Retardation, and the Department of Protective and
Regulatory Services in developing, implementing, and administering
family support policies and related long-term care and health
programs for children.
(b) The commissioner of health and human services shall
appoint the members of the work group, which must include the
following:
(1) a person who is younger than 22 years of age and is
a consumer of long-term care and health programs for children;
(2) relatives of consumers of long-term care and
health programs for children;
(3) a representative from an organization that is an
advocate for consumers of long-term care and health programs for
children;
(4) a representative from a state agency that provides
long-term care and health programs for children;
(5) a person from a private entity that provides
long-term care and health programs for children;
(6) a person from a public entity that provides
long-term care and health programs for children;
(7) a person with expertise in the availability of
funding and the application of funding formulas for children's
long-term care and health services;
(8) a representative from a faith-based organization;
(9) a representative from a nonspecialized community
services organization; and
(10) a representative from a business that is not
related to providing services to persons with disabilities.
(c) A majority of the members of the work group must be
composed of relatives of consumers of long-term care and health
programs for children.
(d) A person may not be appointed as a relative of a consumer
of long-term care and health programs for children if the person:
(1) is an employee of a state agency that provides
long-term care or health services for children; or
(2) contracts with a state agency described by
Subdivision (1) to provide long-term care or health services for
children.
(e) The department and the Texas Department of Health shall
equally provide administrative support, including staff, to the
work group.
(f) A member of the work group serves at the will of the
commissioner of health and human services.
(g) The commissioner of health and human services shall
appoint a member of the work group to serve as a presiding officer.
(h) The work group shall meet at the call of the presiding
officer.
(i) A member of the work group receives no additional
compensation for serving on the work group. Consumers and
relatives of consumers serving on the work group shall be
reimbursed for travel and other expenses necessary for
participation as provided in the General Appropriations Act. Other
members of the work group may not be reimbursed for travel or other
expenses incurred while conducting the business of the work group.
Reimbursement under this subsection shall be paid equally out of
funds appropriated to the department and funds appropriated to the
Texas Department of Health.
(j) The work group shall study and make recommendations in
the following areas:
(1) access of a child or a child's family to effective
case management services, including case management services with a
single case manager, parent case managers, or independent case
managers;
(2) the transition needs of children who reach an age
at which they are no longer eligible for services at the Texas
Department of Health, the Texas Education Agency, and other
applicable state agencies;
(3) the blending of funds, including case management
funding, for children needing long-term care and health services;
(4) collaboration and coordination of children's
services between the department, the Texas Department of Health,
the Texas Department of Mental Health and Mental Retardation, and
any other agency determined to be applicable by the work group;
(5) budgeting and the use of funds appropriated for
children's long-term care services and children's health services;
(6) services and supports for families providing care
for children with disabilities;
(7) effective permanency planning for children who
reside in institutions or who are at risk of placement in an
institution;
(8) barriers to enforcement of regulations regarding
institutions that serve children with disabilities; and
(9) the provision of services under the medical
assistance program to children younger than 23 years of age with
disabilities or special health care needs under a waiver granted
under Section 1915(c) of the federal Social Security Act (42 U.S.C.
Section 1396n(c)).
(k) Not later than September 1 of each even-numbered year,
the work group shall report on its findings and recommendations to
the legislature and the commissioner of health and human services.
(l) After evaluating and considering recommendations
reported under Subsection (k), the Health and Human Services
Commission shall adopt rules to implement guidelines for providing
long-term care and health services to children.
(m) The work group is not subject to Chapter 2110,
Government Code.
Added by Acts 1999, 76th Leg., ch. 1505, § 1.04, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 198, § 1, eff. Sept.
1, 2001.
§ 22.036. PROGRAMS FOR DEAF-BLIND MULTIHANDICAPPED
INDIVIDUALS AND THEIR PARENTS. (a) The department shall
establish programs to serve deaf-blind multihandicapped
individuals by helping them attain self-sufficiency and
independent living.
(b) The department shall establish a program of parental
counseling for the parents of deaf-blind multihandicapped
individuals. The counseling program may be provided on an
individual or group basis and must include programs, activities,
and services necessary to foster greater understanding and to
improve relationships among professionals, parents, and deaf-blind
multihandicapped individuals.
(c) The department shall establish a summer outdoor
training program for deaf-blind multihandicapped individuals. The
outdoor training program must be designed to help meet the unique
needs of deaf-blind multihandicapped individuals for the purpose of
broadening their educational experiences and improving their
ability to function more independently.
(d) The department shall establish regulations for
implementing and administering the programs.
(e) The department may contract for services or goods with
private or public entities for purposes of this section.
(f) From information collected from the programs, the
department shall determine the need for related future services and
the most efficient and effective method of delivering the future
services.
Added by Acts 1985, 69th Leg., ch. 619, § 14, eff. Sept. 1, 1985.
Amended by Acts 1999, 76th Leg., ch. 1505, § 1.05, eff. Sept. 1,
1999.
§ 22.037. PILOT PROGRAM FOR COMMUNITY-BASED
ALTERNATIVES FOR PERSONS WITH DISABILITIES. (a) In this section:
(1) "Institution" means:
(A) an ICF-MR, as defined by Section 531.002,
Health and Safety Code;
(B) a nursing facility; or
(C) an institution for the mentally retarded
licensed or operated by the Department of Protective and Regulatory
Services.
(2) "Legally authorized representative" has the
meaning assigned by Section 241.151, Health and Safety Code.
(b) The department, in cooperation with the Texas
Department of Mental Health and Mental Retardation and the
Department of Protective and Regulatory Services in accordance with
the memorandum of understanding adopted under Section 22.038, shall
develop and implement in at least three sites a pilot program to
provide a system of services and support that fosters independence
and productivity and provides meaningful opportunities for persons
with disabilities to live in the community. The department shall
determine the pilot sites, with one site in a rural area, one site
in an urban area, and one site in a mixed urban and rural area. In
determining the sites, the department shall consider the length of
waiting lists for community-based services and support in each area
and give preference to areas with the longest waiting lists.
(c) The pilot program, subject to the availability of funds,
shall include the following components:
(1) a comprehensive system of improved policies and
procedures to avoid inappropriately placing a person with a
disability in an institution, including policies and procedures
that require:
(A) a preadmission screening for the person that
includes the participation of hospital discharge staff and the
person's physician; and
(B) an analysis of the costs, benefits, and
effectiveness of placing the person in a community-based
alternative care setting;
(2) a program under which physicians who treat persons
with disabilities and hospital discharge staff are:
(A) educated about the availability of
community-based alternatives to institutionalization to reduce the
number of persons inappropriately placed in an institution; and
(B) required to inform a person with a disability
and any other person required to be provided information under
Section 531.042, Government Code, of all care and support options
available to the person with the disability, including
community-based care and support options, before that person makes
a decision regarding a long-term care placement;
(3) a program, including a program implemented through
grants to community-based organizations, to provide a transition
case manager to:
(A) assist a person with a disability in making a
transition from an institution to a community-based alternative
care setting after that person or the person's legally authorized
representative decides the person should make that transition; and
(B) coordinate with the local mental health or
mental retardation authority, as defined by Section 531.002, Health
and Safety Code, in:
(i) providing services to the person
related to the assistance described by Paragraph (A), if
applicable; and
(ii) conducting outreach initiatives under
Subdivision (4);
(4) a program to provide grants to community-based
organizations to conduct outreach initiatives to identify persons
with disabilities who may inappropriately reside in an institution;
and
(5) a program under which presumptive eligibility is
authorized for community-based care and support programs for a
person with a disability.
(d) The department shall implement each component of the
pilot program described by Subsection (c) for which the legislature
appropriates sufficient money. The department is not required to
implement a component if the legislature does not appropriate
sufficient money for that component.
(e) Not later than January 15, 2005, the department shall
submit a report concerning the effectiveness of the pilot program
to the presiding officers of both houses of the legislature and to
the governor. The report must include:
(1) an evaluation of the strengths and weaknesses of
each implemented component of the pilot program;
(2) a recommendation regarding the feasibility of
expanding the pilot program statewide; and
(3) a recommendation regarding adopting improved
policies and procedures with statewide applicability, as
determined from the information obtained in operating the pilot
program, to ensure appropriate care settings for persons with
disabilities.
Added by Acts 2001, 77th Leg., ch. 1239, § 4, eff. Sept. 1, 2001.
§ 22.038. MEMORANDUM OF UNDERSTANDING ON PILOT PROGRAM
FOR COMMUNITY-BASED ALTERNATIVES FOR PERSONS WITH
DISABILITIES. (a) The department, the Texas Department of Mental
Health and Mental Retardation, and the Department of Protective and
Regulatory Services shall adopt a memorandum of understanding to
implement the pilot program under Section 22.037.
(b) The memorandum of understanding must:
(1) define the responsibilities of each agency in
implementing the components of the pilot program; and
(2) provide for interagency coordination and
integration with respect to appropriate components of the pilot
program, including any components:
(A) that serve persons for whom each of the
agencies otherwise provides services;
(B) for which coordination and integration among
the agencies will result in the more efficient accomplishment of
the goals of the comprehensive, effectively working plan
implemented under Section 531.0244, Government Code; or
(C) that are recommended by the interagency task
force under Section 531.02441, Government Code, for coordination
and integration.
(c) Not later than September 1 of each year, the department,
the Texas Department of Mental Health and Mental Retardation, and
the Department of Protective and Regulatory Services shall review
and update the memorandum.
(d) Each agency by rule shall adopt the memorandum of
understanding and all revisions to the memorandum.
Added by Acts 2001, 77th Leg., ch. 1239, § 4, eff. Sept. 1, 2001.
§ 22.039. TRAINING AND CONTINUING EDUCATION RELATED TO
CERTAIN LONG-TERM CARE FACILITIES. (a) In this section:
(1) "Long-term care facility" means a nursing
institution, an assisted living facility, or an intermediate care
facility for the mentally retarded licensed under Chapter 242, 247,
or 252, Health and Safety Code.
(2) "Provider" means an employee or agent of a
long-term care facility.
(3) "Surveyor" means an employee or agent of the
department or another state agency responsible for licensing,
inspecting, surveying, or investigating a long-term care facility
in relation to:
(A) licensing under Chapter 242, 247, or 252,
Health and Safety Code; or
(B) certification for participation in the
medical assistance program in accordance with Chapter 32.
(b) The department shall require a surveyor to complete a
basic training program before the surveyor inspects, surveys, or
investigates a long-term care facility. The training must include
observation of the operations of a long-term care facility
unrelated to the survey, inspection, or investigation process for a
minimum of 10 working days within a 14-day period.
(c) The department shall semiannually provide training for
surveyors and providers on subjects that address at least one of the
10 most common violations by long-term care facilities under
federal or state law.
(d) Except as provided by Subsection (e), a surveyor who is
a health care professional licensed under the laws of this state
must receive a minimum of 50 percent of the professional's required
continuing education credits, if any, in gerontology or care for
individuals with cognitive or physical disabilities, as
appropriate.
(e) A surveyor who is a pharmacist must receive a minimum of
30 percent of the pharmacist's required continuing education
credits in gerontology or care for individuals with cognitive or
physical disabilities, as appropriate.
Added by Acts 2001, 77th Leg., ch. 1284, § 7.01, eff. June 15,
2001. Renumbered from V.T.C.A., Human Resources Code § 22.037
by Acts 2003, 78th Leg., ch. 1275, § 2(96), eff. Sept. 1, 2003.
§ 22.040. THIRD-PARTY INFORMATION.
Text of section as added by Acts 2003, 78th Leg., ch. 198, § 2.85
Notwithstanding any other provision of this code, the
department may use information obtained from a third party to
verify the assets and resources of a person for purposes of
determining the person's eligibility and need for medical
assistance, financial assistance, or nutritional assistance.
Third-party information includes information obtained from:
(1) a consumer reporting agency, as defined by Section
20.01, Business & Commerce Code;
(2) an appraisal district; or
(3) the Texas Department of Transportation's vehicle
registration record database.
Added by Acts 2003, 78th Leg., ch. 198, § 2.85, eff. Sept. 1,
2003.
For text of section as added by Acts 2003, 78th Leg., ch. 1169, §
11, see § 22.040, post.
§ 22.040. DETERMINATION OF ELIGIBILITY FOR COMMUNITY
CARE SERVICES FOR ELDERLY PERSONS OR PERSONS WITH DISABILITIES.
Text of section as added by Acts 2003, 78th Leg., ch. 1169, § 11
The department by rule shall develop and implement a plan to
assist elderly persons or persons with disabilities requesting
community care services in receiving those services as quickly as
possible when those services become available. The plan must
require the department to:
(1) forecast participant openings that will become
available in a community care program serving the elderly person or
person with a disability during the next fiscal quarter because of
program expansion or case closures;
(2) contact an individual on an interest list and
begin the program eligibility determination process at least 30
days before an opening is forecasted to become available in the
program; and
(3) ensure that an individual determined to be
eligible for services does not begin receiving services until after
the opening actually becomes available.
Acts 2003, 78th Leg., ch. 1169, § 11, eff. Sept. 1, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 198, §
2.85, see § 22.040, ante.
