CHAPTER 22. GENERAL FUNCTIONS OF DEPARTMENT OF HUMAN SERVICES

State Codes and Statutes

Statutes > Texas > Human-resources-code > Title-2-department-of-human-services-and-department-of-protective-and-regulatory-services > 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.

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(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 268, Sec. 32(f),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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

(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.

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.

program for deaf-blind multihandicapped individuals. The outd

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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