CHAPTER 22. GENERAL FUNCTIONS OF DEPARTMENT OF HUMAN SERVICES
HUMAN RESOURCES CODE
TITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF
PROTECTIVE AND REGULATORY SERVICES
SUBTITLE B. STRUCTURE AND FUNCTIONS OF DEPARTMENT OF HUMAN
SERVICES
CHAPTER 22. GENERAL FUNCTIONS OF DEPARTMENT OF HUMAN SERVICES
Sec. 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, Sec. 2.03, eff. Sept. 1,
1999.
Sec. 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.
(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),
eff. September 1, 2008.
(f) 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.
Acts 1979, 66th Leg., p. 2340, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1987, 70th Leg., ch. 1052, Sec.
1.07, 1.08, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1265,
Sec. 1, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 747, Sec.
61(3), eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec.
8.013, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 162, Sec. 1,
eff. May 27, 2003; Acts 2003, 78th Leg., ch. 198, Sec. 2.129,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 13.06,
eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 4.04, eff. June 14, 2005.
Acts 2005, 79th Leg., Ch.
728, Sec. 23.001(54), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
268, Sec. 32(f), eff. September 1, 2008.
Sec. 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, Sec. 1.02, eff. Sept. 1,
1999.
Sec. 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, Sec. 1, eff. Sept. 1,
1997.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2232, ch. 530,
Sec. 1, eff. Aug. 31, 1981; Acts 1983, 68th Leg., p. 3872, ch.
616, Sec. 1, eff. Sept. 1, 1983.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 2, eff. Sept. 1,
1989.
Sec. 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, Sec. 3, eff. Sept. 1,
1991.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979.
Sec. 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, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1985, 69th Leg., ch. 264, Sec. 10,
eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 1052, Sec. 1.09,
eff. Sept. 1, 1987. Amended by Acts 1991, 72nd Leg., ch. 599,
Sec. 14, eff. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 76, Sec.
8.137, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec.
9.01, eff. Sept. 1, 1997.
Sec. 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, Sec. 1.11(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 1.11(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 1.11(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 1.11(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 1.11(a), eff. Sept.
1, 1987. Amended by Acts 1991, 72nd Leg., ch. 353, Sec. 7, eff.
Sept. 1, 1991; Acts 1995, 74th Leg., ch. 835, Sec. 19, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 6.52, eff. Sept. 1,
1997.
Sec. 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, Sec. 1.11(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 1.11(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 1.11(a), eff. Sept.
1, 1987. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.812,
eff. Sept. 1, 2001.
Sec. 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, Sec. 1.11(a), eff. Sept.
1, 1987. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(4),
eff. Sept. 1, 1997.
Sec. 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, Sec. 1.11(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 1.11(a), eff. Sept.
1, 1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1505, Sec. 1.03,
eff. Sept. 1, 1999.
Sec. 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, Sec. 1.12(a), eff. Sept.
1, 1987. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49),
eff. Sept. 1, 1995.
Sec. 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, Sec. 1.12(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 1.12(a), eff. Sept.
1, 1991.
Sec. 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, Sec. 1.12(a), eff. Sept.
1, 1987.
Sec. 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, Sec. 5, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(10), eff.
Sept. 1, 1991; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.534, eff.
Sept. 1, 2003.
Sec. 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, Sec. 1, eff. Sept. 1,
1989. Renumbered from Sec. 22.023 by Acts 1990, 71st Leg., 6th
C.S., ch. 12, Sec. 2(10), eff. Sept. 6, 1990. Amended by Acts
1991, 72nd Leg., ch. 353, Sec. 8, eff. Sept. 1, 1991; Acts 1995,
74th Leg., ch. 835, Sec. 20, eff. Sept. 1, 1995.
Sec. 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, Sec. 8.08(a), eff. Sept.
1, 1995.
Sec. 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, Sec. 1.01(a), eff. Sept.
1, 1997.
Sec. 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, Sec. 1.01(a), eff. Sept.
1, 1997. Amended by Acts 1999, 76th Leg., ch. 206, Sec. 2, eff.
Sept. 1, 1999.
Sec. 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, Sec. 1.01(a), eff. Sept.
1, 1997.
Sec. 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, Sec. 1.01(a), eff. Sept.
1, 1997.
Sec. 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, Sec. 1, eff. May 26,
1997.
Sec. 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, Sec. 8.08(a), eff. Sept.
1, 1995.
Sec. 22.027. FRAUD PREVENTION. (a) to (d) Repealed by Acts
1997, 75th Leg., ch. 1153, Sec. 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, Sec. 8.04(a), eff. Sept.
1, 1995. Amended by Acts 1997, 75th Leg., ch. 322, Sec. 2, eff.
May 26, 1997.
Sec. 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, Sec. 8.04(a), eff. Sept.
1, 1995. Amended by Acts 1997, 75th Leg., ch. 1153, Sec. 1.06(b),
eff. Sept. 1, 1997.
Sec. 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, Sec. 8.03, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 827, Sec. 2, eff.
Sept. 1, 1997.
Sec. 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, Sec. 3, eff. Sept. 1,
1997.
Sec. 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, Sec. 1.01(b), eff. Sept.
1, 1997. Renumbered from Sec. 22.0291 by Acts 1999, 76th Leg.,
ch. 62, Sec. 19.01(69), eff. Sept. 1, 1999.
Sec. 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, Sec. 6.05, eff. Sept. 1,
1995.
Sec. 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, Sec. 3, eff. Aug. 28,
1995. Renumbered from Human Resources Code Sec. 22.025 by Acts
1997, 75th Leg., ch. 165, Sec. 31.01(60), eff. Sept. 1, 1997.
Sec. 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, Sec. 1.02, eff. Sept. 1,
1997.
Sec. 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, Sec. 1.04, eff. Sept. 1,
1999.
Sec. 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, Sec. 1.04, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 198, Sec. 1, eff.
Sept. 1, 2001.
Sec. 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 outd