Texas Register Table of Contents
- 1 Texas Health and Human Services
- 1.0.1 Proposed Rules Re:
- 1.0.1.1 Amending 1 TAC §§353.1502, 353.1504, 353.1506, to replace certain terms and definitions and make formatting changes.
- 1.0.1.2 Amending 1 TAC §354.1006, to prohibit Medicaid provider discrimination of Medicaid recipients based solely on the recipient’s vaccination status.
- 1.0.1.3 Amending 26 TAC §§87.1, 87.3, 87.5, 87.7, to clarify the rule’s purpose, define terms, and set forth the specifications for an ombudsman program.
- 1.0.1.4 Amending 26 TAC §§87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, to set out the Office of the Ombudsman Program (OO) responsibilities, reporting requirements, and general operating procedures.
- 1.0.1.5 Amending 26 TAC §87.41, §87.43, to outline the procedures to access information in the investigation of a complaint and prohibit retaliation for complaints made in good faith.
- 1.0.1.6 Amending 26 TAC §87.51, to define the scope of the program to include individuals facing barriers in the Medicaid application and enrollment process.
- 1.0.1.7 Amending 26 TAC §87.61, to define the scope of this program to include children and youth in the conservatorship of DFPS.
- 1.0.1.8 Amending 26 TAC §87.71, §87.73, to specify that this program is responsible for assisting consumers and behavioral health care providers to resolve issues related to access to care.
- 1.0.1.9 Amending 26 TAC §87.81, to specify that this program serves as an impartial party to assist individuals with IDD.
- 1.0.1.10 Amending 26 TAC §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, to repeal the following chapters to update and restructure the rules in accordance with legislative changes.
- 1.0.1.11 Amending 26 TAC §§87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, to repeal the following chapters to update and restructure the rules in accordance with legislative changes.
- 1.0.1.12 Amending 26 TAC §§87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, to repeal the following chapters to update and restructure the rules in accordance with legislative changes.
- 1.0.1.13 Amending 26 TAC §§87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419, to repeal the following chapters to update and restructure the rules in accordance with legislative changes.
- 1.0.1.14 Amending 26 TAC §§87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, 87.519, to repeal the following chapters to update and restructure the rules in accordance with legislative changes.
- 1.0.1.15 Amending 26 TAC §356.1, to set forth new definitions for terms used in the chapter and remove older definitions no longer required or defined in other statutes.
- 1.0.1.16 Amending 26 TAC §§356.101 – 356.104, to revise the title to the rule and clarify the role of the board of directors; revise the requirements of the board handbook; revise the terms of required training for board members; and amend the requirements for board member knowledge of confidentiality policies.
- 1.0.1.17 Amending 26 TAC §§356.201 – 356.206, 356.208, to revise the title to the rule, replace terms and definitions, and outline requirements for shelters.
- 1.0.1.18 Amending 26 TAC §356.207, to repeal the “More than One Funding Percentage Waiver,” which prohibits a center from receiving more than two funding waivers in consecutive contract terms.
- 1.0.1.19 Amending 26 TAC §§356.301 – 356.303, to better align accounting practices with Texas Health and Human Services policy and best practices, and the procedures for reporting suspected or confirmed fraud, waste, or abuse of funds.
- 1.0.1.20 Amending 26 TAC §§356.401 – 356.403, 356.405, to revise the requirements of the personnel handbook and the amendment process; update certain agreement review requirements; clarify language around the use and possession of drugs and alcohol; and revise the title of the rule.
- 1.0.1.21 Amending 26 TAC §§356.406 – 356.408, to repeal the rules as they are no longer necessary.
- 1.0.1.22 Amending 26 TAC §§356.501, 356.503 – 356.507, 356.510, to specify requirements for safe indoor and outdoor play areas; require centers to mark safety measures; clarify language concerning the use of security systems in HHSC-funded centers; require HHSC-funded shelter centers to have policies that address threats of violence and public health emergencies; requirements concerning the provision of general hygiene and personal items; and make revisions to the title of the rules.
- 1.0.1.23 Amending 26 TAC §356.508, to remove a rule no longer necessary.
- 1.0.1.24 Amending 26 TAC §§356.601 – 356.604, 356.606, 356.607, 356.609 – 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635 – 356.637, to add requirements to ensure access to services is aligned with the Family Violence Prevention and Services Act.
- 1.0.1.25 Amending 26 TAC §§356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, to delete rules that are no longer necessary.
- 1.0.1.26 Amending 26 TAC §§356.701 – 356.711, 356.713, 356.714, 356.716, 356.718 – 356.720, to revise the list of required services to align with legislative updates to the Texas Human Resources Code Chapter 51.
- 1.0.1.27 Amending 26 TAC §§356.705, 356.710, 356.712, 356.716, 356.717, 356.719, to repeal chapters no longer necessary.
- 1.0.1.28 Amending 26 TAC §356.803, to require board members to have knowledge of confidentiality policies and require board members to provide written assurance that the member will not use their position to obtain access to unauthorized confidential information.
- 1.0.1.29 Amending 26 TAC §356.901, §356.902, to revise the title of the rule and clarify the procedures to request a waiver.
- 1.0.1.30 Amending 26 TAC §§356.1001 – 356.1003, to better align accounting practices with the Texas Health and Human Services policy and best practices and reporting procedures for any suspected or confirmed fraud, waste, or abuse of funds.
- 1.0.1.31 Amending 26 TAC §§356.1101 – 356.1103, 356.1105, to revise the requirements for the personnel handbook and the procedures to amend policies.
- 1.0.1.32 Amending 26 TAC §356.1201, §356.1202, to add requirements for centers to provide safety measures, plans, and inspections, and secure locations for cleaners and hazardous materials.
- 1.0.1.33 Amending 26 TAC §§356.1301 – 356.1304, 356.1306, 356.1308 – 356.1313, 356.1315 – 356.1319, 356.1321, 356.1324, 356.1325, to reorganize the rule, provide definitions, and define eligibility and other relevant procedures.
- 1.0.1.34 Amending 26 TAC §§356.1303, 356.1314, 356.1320, 356.1322, to repeal rules no longer necessary.
- 1.0.1.35 Amending 26 TAC §§356.1401, 356.1404, 356.1406, 356.1408, to remove rules no longer necessary.
- 1.0.1.36 Amending 26 TAC §§356.1401 – 356.1405, 356.1408, 356.1409, to outline the requirements for centers with a special nonresidential project.
- 1.0.1.37 Amending 26 TAC §§356.1501 – 356.1504, to revise the title of the rule; require the provision of the board handbook to board members; and amend board member training requirements.
- 1.0.1.38 Amending 26 TAC §§356.1602, 356.1604, 356.1605, to revise the procedures to request a waiver.
- 1.0.1.39 Amending 26 TAC §§356.1701 – 356.1703, to align accounting practices with the Texas Health and Human Services policy and best practices and outline the procedures for reporting any suspected or confirmed fraud, waste, or abuse of funds.
- 1.0.1.40 Amending 26 TAC §§356.1801 – 356.1803, 356.1805, to revise the requirements for the personnel handbook and the procedures to amend policies.
- 1.0.1.41 Amending 26 TAC §356.1806, §356.1807, to repeal rules no longer necessary.
- 1.0.1.42 Amending 26 TAC §§356.1901 – 356.1903, to require centers to mark safety measures, plans, and inspections, and secure cleaning products and other hazardous items.
- 1.0.1.43 Amending 26 TAC §§356.2001 – 356.2004, 356.2006, 356.2007, 356.2009 – 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033 – 356.2035, to ensure access to services is aligned with the Family Violence Prevention and Services Act.
- 1.0.1.44 Amending 26 TAC §§356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, to repeal rules no longer necessary.
- 1.0.1.45 Amending 26 TAC §§356.2101 – 356.2108, 356.2110, 356.2112, 356.2114, 356.2115, to revise the requirements to align with legislative updates to Texas Human Resources Code Chapter 51.
- 1.0.1.46 Amending 26 TAC §§356.2104, 356.2107, 356.2109, 356.2112 – 356.2114, to repeal rules no longer necessary.
- 1.0.1.47 Amending 26 TAC §356.2201, to require HHSC to create and maintain a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist those victims in obtaining services.
- 1.0.1.48 Amending 26 TAC §370.456, to prohibit CHIP provider discrimination based on the CHIP members’ vaccination status.
- 1.0.2 Adopted Rules Re:
- 1.0.2.1 Adopting 1 TAC §371.1721, to describe OIG inspection procedures concerning record requests, inspection processes, notices, final reports, and due process.
- 1.0.2.2 Adopting 26 TAC §260.5, §260.7, to add and define terms used in the amended rules and renumber the paragraphs, as well as add “employment readiness” in subsection (c) to the list of services offered in the DBMD.
- 1.0.2.3 Adopting 26 TAC §260.59, to require a program provider to ensure that employment readiness is not provided in the residence of an individual or another person; ensure that an individual has control over the individual’s schedule and activities; food; and visitors of the individual’s choosing at any time; and ensure that the location is physically accessible and free of hazards.
- 1.0.2.4 Adopting 26 TAC §260.203, §260.205, to add qualifications for a service provider of employment readiness and renumber the remaining subsections, as well as add the employment readiness in subsection (c)(1) and (3)(A), subsection (f)(1)(B) and (C); and subsection (g) to set forth the training requirements for a service provider of employment readiness.
- 1.0.2.5 Adopting 26 TAC §260.341, to describe employment readiness.
- 1.0.2.6 Adopting 26 TAC §260.357, to add employment readiness in paragraph (8) to exclude employment readiness as a nonbillable activity for travel to and from an individual’s residence.
- 1.0.2.7 Adopting 26 TAC §262.3, §262.5, to add and define the terms “group setting” and “job task-oriented,” as well as renumber the subsection.
- 1.0.2.8 Adopting 26 TAC §262.103, to add employment readiness to the array of TxHmL Program services that may require the individual’s initial individual plan of care (IPC) to include a sufficient amount of registered nursing units for the program provider’s registered nurse to perform a comprehensive nursing assessment.
- 1.0.2.9 Adopting 26 TAC §262.202, to require a program provider to ensure that an individual has control over the individual’s schedule and activities, food, and visitors of the individual’s choosing at any time, is physically accessible, and is free of hazards.
- 1.0.2.10 Adopting 26 TAC §262.301, §262.304, to require authorization of employment readiness to be supported by an HHSC Employment First Discovery Tool and be within the service limit described in the proposed amendments, as well as establish a combined service limit for employment readiness.
- 1.0.2.11 Adopting 26 TAC §262.401, to add employment readiness to the array of TxHmL services that pay in accordance with the reimbursement rate for the service.
- 1.0.2.12 Adopting 26 TAC §262.701, to add employment readiness to the array of TxHmL services that require the service coordinator to inform the individual or LAR of the consequences and risks of refusing the comprehensive nursing assessments.
- 1.0.2.13 Adopting 26 TAC §263.3, §263.5, to define the terms “group setting” and “job-task-oriented,” describe employment readiness, as well as renumber the paragraphs in the rule.
- 1.0.2.14 Adopting 26 TAC §263.104, to add employment readiness to the array of HCS Program services that may require the individual’s initial individual plan of care (IPC) to include a sufficient amount of registered nursing units to perform a comprehensive nursing assessment.
- 1.0.2.15 Adopting 26 TAC §263.301, §263.304, to require authorization of employment readiness to be supported by an HHSC Employment First Discovery Tool and establish a combined service limit for employment readiness and individualized skills and socialization.
- 1.0.2.16 Adopting 26 TAC §263.501, to require a program provider to ensure that a group setting allows an individual to control the individual’s own schedule and activities, have access to the individual’s food at any time, and receive visitors of the individual’s choosing at any time, as well as ensure a group setting is physically accessible and free of hazards.
- 1.0.2.17 Adopting 26 TAC §263.601, to add employment readiness to the array of HSC Program services that HHSC pays in accordance with the individual’s LON and reimbursement rate for the service.
- 1.0.2.18 Adopting 26 TAC §263.901, to require a service coordinator to update an individual’s person-directed plan if a modification to a service provided in a group setting is needed as well as add employment readiness to the array of HCS services that require the service coordinator to inform the individual or LAR of the consequences and risks of refusing the comprehensive nursing assessment.
- 1.0.3 In Addition Re:
- 1.0.1 Proposed Rules Re:
- 2 Texas State Board of Pharmacy
Texas Health and Human Services
Proposed Rules Re:
Amending 1 TAC §§353.1502, 353.1504, 353.1506, to replace certain terms and definitions and make formatting changes.
CHAPTER 353. MEDICAID MANAGED CARE
SUBCHAPTER R. TELECOMMUNICATIONS IN MANAGED CARE SERVICE COORDINATION AND ASSESSMENTS
1 TAC §§353.1502, 353.1504, 353.1506
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), proposes amendments to §353.1502, concerning Definitions; §353.1504, concerning Use of Telecommunications in Service Coordination and Service Management; and §353.1506, concerning Additional Requirements for Assessments and Service Management in STAR Health.
BACKGROUND AND PURPOSE
The proposal allows a STAR Health managed care organization (MCO) to conduct assessments and provide service coordination services using telecommunications or information technology when it is clinically effective and cost-effective to do so.
HHSC is proposing amended rules in Chapter 353 that will reflect the STAR Health programmatic changes and incorporate service coordination levels, replace the term “service management” with “service coordination,” and apply House Bill 4, 87th Legislature, Regular Session, 2021 telecommunications allowances to the new service coordination levels.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §353.1502: (1) replaces the term “Interactive” with the term “Synchronous interactive” in the definitions of “Audio-only” and “Audio-visual;” (2) removes the definitions for “service management” and “service manager;” (3) renumbers the remaining paragraphs accordingly; and (4) updates language for better readability.
The proposed amendment to §353.1504: (1) removes “and Service Management” from the title of the rule; (2) replaces references to “service management” with “service coordination”; (3) replaces references to “service manager” with “service coordinator;” (4) adds the current contract requirement for the STAR Health MCO to ensure all members receive at least one in-person service coordination visit per year; (5) adds a requirement that allows HHSC to issue direction during a declared state of disaster to the STAR Health MCO regarding whether service coordination that is required to be conducted using face-to-face communication may be conducted through audio-only communication; (6) updates language for better readability; and (7) makes minor edits to formatting.
The proposed amendment to §353.1506: (1) replaces the term “Management” with “Coordination” in the title of the rule; (2) replaces the term “service management” with “service coordination;” and (3) updates language for better readability.
Amending 1 TAC §354.1006, to prohibit Medicaid provider discrimination of Medicaid recipients based solely on the recipient’s vaccination status.
CHAPTER 354. MEDICAID HEALTH SERVICES
SUBCHAPTER A. PURCHASED HEALTH SERVICES
1 TAC §354.1006
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §354.1006, concerning Prohibition of Provider Discrimination Based on Immunization Status.
BACKGROUND AND PURPOSE
The proposal is necessary to implement Texas Government Code §531.02119, added by House Bill 44, 88th Legislature, Regular Session, 2023, which requires HHSC to adopt rules necessary to prohibit Medicaid and Children’s Health Insurance Program (CHIP) providers from discriminating against Medicaid recipients or CHIP members by refusing to provide health care services based solely on immunization status.
Texas Government Code §531.02119 outlines the requirements for the prohibition of discrimination based on immunization status, exceptions to this prohibition, requires HHSC or its designee to withhold payment from providers that violate the requirements until HHSC finds the provider is in compliance, and requires HHSC to establish administrative and judicial reviews for providers who are alleged to be in violation.
SECTION-BY-SECTION SUMMARY
Proposed new §354.1006 prohibits Medicaid provider discrimination of Medicaid recipients based solely on the recipient’s vaccination status. Specifically, the proposed rule (1) contains the express prohibition of discrimination based on vaccination status dictated by Texas Government Code §531.02119; (2) outlines the types of requests Medicaid providers must accept for Medicaid recipients who are seeking to be exempt from a provider’s vaccination requirement policy; (3) contains a list of providers exempt from these requirements; (4) outlines when HHSC will withhold payment from a provider found to be noncompliant and when HHSC may not withhold payment; and (5) establishes the right of a provider to seek administrative and judicial review of an HHSC decision to withhold payment.
Amending 26 TAC §§87.1, 87.3, 87.5, 87.7, to clarify the rule’s purpose, define terms, and set forth the specifications for an ombudsman program.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER A. PURPOSE, DEFINITIONS, AND ESTABLISHMENT OF OMBUDSMAN PROGRAMS
26 TAC §§87.1, 87.3, 87.5, 87.7
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
Proposed new §87.1, Purpose, clarifies the purpose of the rule chapter as the implementation of ombudsman programs.
Proposed new §87.3, Definitions, defines terms used in the chapter and adds a definition for “ombudsman program.”
Proposed new §87.5, Establishment of Ombudsman Programs and Appointment of Ombudsman, specifies the requirements for the HHSC Executive Commissioner to establish and appoint an ombudsman for each ombudsman program.
Proposed new §87.7, Conflict of Interest, sets out the prohibition for a person to serve as an ombudsman based on specific statutory criteria.
Amending 26 TAC §§87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, to set out the Office of the Ombudsman Program (OO) responsibilities, reporting requirements, and general operating procedures.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER B. PROVISIONS COMMON TO ALL OMBUDSMAN PROGRAMS
26 TAC §§87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
Proposed new §87.15, Creation of the Office and Ombudsman Standards, sets out OO’s primary responsibilities. It notes how OO fits into HHSC’s customer service process and identifies standards of government ombudsman offices.
Proposed new §87.17, Data and Reports, specifies OO’s data and reporting requirements including a new annual reporting requirement.
Proposed new §87.19, Duties and Statewide Procedures, specifies and standardizes statutorily required duties for OO including those duties required to be performed in conjunction with HHSC or the Texas Department of Family and Protective Services (DFPS).
Proposed new §87.21, Investigation of Unreported Complaints, specifies that, during an investigation, the discovery of an unreported violation of agency rules and policies must result in a new investigation for the unreported violation.
Proposed new §87.23, Confidentiality and Communications Related to Complaints, specifies that ombudsman records related to a complaint are confidential and that reports relating to a complaint investigation may be made public after a complaint is resolved.
Proposed new §87.25, Contact information, specifies where information for contacting OO, including the four specific ombudsman programs, must be maintained.
Proposed new §87.27, Referrals to Other HHS Offices or Other Entities, outlines the various referrals OO staff may make to other HHS offices and other entities, depending on the subject of the contact.
Proposed new §87.29, Intake of Contacts, outlines actions taken by OO staff when a contact is first received.
Proposed new §87.31, Investigation of Complaints, specifies that OO staff review complaints to determine if policy was followed by HHS staff and vendors contracted to provide services.
Proposed new §87.33, Substantiating and Closing Complaints, notes that OO staff determine if a complaint is substantiated after an investigation is completed. Once completed, consumers are notified of the outcome of a complaint.
Proposed new §87.35, Contact Follow-up, specifies timeframes for responses to complaints and contacts, and authorizes structured communication plans to address conduct by a consumer or contact that could hinder an investigation.
Amending 26 TAC §87.41, §87.43, to outline the procedures to access information in the investigation of a complaint and prohibit retaliation for complaints made in good faith.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER C. PROVISIONS DIRECTING HHS AND DFPS
26 TAC §87.41, §87.43
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
Proposed new §87.41, Access to Information, requires HHSC and DFPS to provide an ombudsman access to records for the investigation of a complaint.
Proposed new §87.43, Retaliation Prohibited, prohibits HHSC or DFPS from retaliating against any employee or any complainant who makes a complaint in good faith.
Amending 26 TAC §87.51, to define the scope of the program to include individuals facing barriers in the Medicaid application and enrollment process.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER D. OMBUDSMAN FOR MANAGED CARE ASSISTANCE
26 TAC §87.51
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
Proposed new §87.51, Creation of the Program and Populations Served, specifies that this program is responsible for assisting persons experiencing barriers in the Medicaid application and enrollment process.
Amending 26 TAC §87.61, to define the scope of this program to include children and youth in the conservatorship of DFPS.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER E. OMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER CARE
26 TAC §87.61
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
Proposed new §87.61, Creation of the Program and Populations Served, specifies that this program is responsible for assisting children and youth in the conservatorship of DFPS.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER F. OMBUDSMAN FOR BEHAVIORAL HEALTH ACCESS TO CARE
26 TAC §87.71, §87.73
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
Proposed new §87.71, Creation of the Program and Populations Served, specifies that this program is responsible for assisting consumers and behavioral health care providers resolve issues related to access to behavioral health care.
Proposed new §87.73, Report, requires this program to collaborate with Texas Department of Insurance to issue an annual report on the status of rights for mental health and substance use disorder benefits and resolved and unresolved parity complaints.
Amending 26 TAC §87.81, to specify that this program serves as an impartial party to assist individuals with IDD.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER G. OMBUDSMAN FOR INDIVIDUALS WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY
26 TAC §87.81
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
Proposed new §87.81, Creation of the Program and Populations Served, specifies that this program serves as an impartial party to assist individuals with IDD, as they navigate issues related to seeking IDD-related services.
Amending 26 TAC §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, to repeal the following chapters to update and restructure the rules in accordance with legislative changes.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER A. OFFICE OF THE OMBUDSMAN
26 TAC §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
The proposed repeal of Subchapters A – E, containing §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519, in 26 Texas Administrative Code (TAC) Chapter 87, allow new rules to be proposed in 26 TAC Chapter 87. The new rules, in new Subchapters A – G, update and restructure the rules in accordance with legislative changes.
Amending 26 TAC §§87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, to repeal the following chapters to update and restructure the rules in accordance with legislative changes.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER B. OMBUDSMAN MANAGED CARE ASSISTANCE
26 TAC §§87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
The proposed repeal of Subchapters A – E, containing §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519, in 26 Texas Administrative Code (TAC) Chapter 87, allow new rules to be proposed in 26 TAC Chapter 87. The new rules, in new Subchapters A – G, update and restructure the rules in accordance with legislative changes.
Amending 26 TAC §§87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, to repeal the following chapters to update and restructure the rules in accordance with legislative changes.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER C. OMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER CARE
26 TAC §§87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
The proposed repeal of Subchapters A – E, containing §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519, in 26 Texas Administrative Code (TAC) Chapter 87, allow new rules to be proposed in 26 TAC Chapter 87. The new rules, in new Subchapters A – G, update and restructure the rules in accordance with legislative changes.
Amending 26 TAC §§87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419, to repeal the following chapters to update and restructure the rules in accordance with legislative changes.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER D. OMBUDSMAN FOR BEHAVIORAL HEALTH
26 TAC §§87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
The proposed repeal of Subchapters A – E, containing §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519, in 26 Texas Administrative Code (TAC) Chapter 87, allow new rules to be proposed in 26 TAC Chapter 87. The new rules, in new Subchapters A – G, update and restructure the rules in accordance with legislative changes.
Amending 26 TAC §§87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, 87.519, to repeal the following chapters to update and restructure the rules in accordance with legislative changes.
CHAPTER 87. OMBUDSMAN SERVICES
SUBCHAPTER E. INTELLECTUAL OR DEVELOPMENTAL DISABILITY OMBUDSMAN
26 TAC §§87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, 87.519
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes the repeal of §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519; and new §§87.1, 87.3, 87.5, 87.7, 87.15, 87.17, 87.19, 87.21, 87.23, 87.25, 87.27, 87.29, 87.31, 87.33, 87.35, 87.41, 87.43, 87.51, 87.61, 87.71, 87.73, and 87.81.
BACKGROUND AND PURPOSE
The purpose of the proposal is to implement changes made to Texas Government Code, Chapter 531, Subchapter Y, by House Bill (H.B.) 3462, 88th Legislature, Regular Session, 2023. H.B. 3462 consolidated ombudsman statutes and clarified duties and procedures for the Texas Health and Human Services (HHS) Office of the Ombudsman (OO), including ombudsman programs for children and youth in foster care, managed care assistance, behavioral health access to care, and individuals with an intellectual or developmental disability.
The proposal reorganizes the rules to ensure consistency with legislative changes, groups together related subjects to facilitate navigation within the rules, and removes duplicative language.
SECTION-BY-SECTION SUMMARY
The proposed repeal of Subchapters A – E, containing §§87.101, 87.103, 87.105, 87.107, 87.109, 87.111, 87.113, 87.115, 87.117, 87.119, 87.201, 87.203, 87.205, 87.207, 87.209, 87.211, 87.213, 87.215, 87.217, 87.219, 87.301, 87.303, 87.305, 87.307, 87.309, 87.311, 87.313, 87.315, 87.317, 87.319, 87.321, 87.401, 87.403, 87.405, 87.407, 87.409, 87.411, 87.413, 87.415, 87.417, 87.419, 87.501, 87.503, 87.505, 87.507, 87.509, 87.511, 87.513, 87.515, 87.517, and 87.519, in 26 Texas Administrative Code (TAC) Chapter 87, allow new rules to be proposed in 26 TAC Chapter 87. The new rules, in new Subchapters A – G, update and restructure the rules in accordance with legislative changes.
Amending 26 TAC §356.1, to set forth new definitions for terms used in the chapter and remove older definitions no longer required or defined in other statutes.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER A. DEFINITIONS
26 TAC §356.1
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.1, concerning Definitions, adds definitions for the terms “24-hour-a-day shelter”, “abuse of funds”, “advocacy”, “additional HHSC-funded shelter”, “client”, “complaint”, “data breach”, “executive director”, “fraud”, “human trafficking”, “minor”, “personally identifying information”, “primary prevention”, “secondary prevention”, “waste”, and “written”. These definitions are needed to define what these terms mean when used in the chapter.
The proposed amendment to §356.1 deletes the definitions for “civil justice system”, “cooperation with criminal justice officials”, “criminal justice system”, “education arrangements for children”, “emergency medical care”, “emergency transportation”, “intervention services”, “legal assistance”, “referral system to existing community services”, “satellite shelter”, “training and employment information”, “twenty-four-hour-a-day shelter”, and “volunteer recruitment and training program”. Definitions were deleted if no longer required or defined in other statute or data reporting guidance.
The proposed amendment to §356.1 revises the definitions of “community education”, “crisis call hotline”, “dating violence”, “family violence”, “nonresident”, “nonresidential center”, “program participant”, “resident”, “shelter center”, “special nonresidential project center”, “standards”, and “victim of family violence”. These definitions are updated to match either changes to statute or to the chapter.
Amending 26 TAC §§356.101 – 356.104, to revise the title to the rule and clarify the role of the board of directors; revise the requirements of the board handbook; revise the terms of required training for board members; and amend the requirements for board member knowledge of confidentiality policies.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §§356.101 – 356.104
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.101, Fiscal Oversight and Accountability, revises the title of the rule to “Oversight and Accountability” and clarifies the role of the board of directors. The proposed amendment also adds the expectations of the board regarding knowledge of the Texas Health and Human Services Commission Family Violence Program grant and the requirement to comply with center complaint policies.
The proposed amendment to §356.102, Shelter Center’s Board Handbook, revises the timeframe for board members to receive the board handbook. The proposed amendment also requires the handbook to contain information on the organization’s efforts to support underserved populations and information on the intersection of family violence and barriers to services for underserved populations.
The proposed amendment to §356.103, concerning Board of Directors Training, revises the required training to state that it must be provided to board members every year, instead of every two years, and that the board members must receive the training within 60 days of their first term, instead of three months. The proposed amendment also removes the requirement for training on the center’s insurance coverage. The proposed amendment adds the requirement of training on barriers to services for underserved populations and references the requirements in §356.616, concerning Confidentiality and Victim-Advocate Privilege Training.
The proposed amendment to §356.104, Confidentiality, revises the title of the rule to “Confidentiality and Victim-Advocate Privilege” and strengthens board member requirements for knowledge of confidentiality policies. The proposed amendment also requires board members to provide written assurance of their knowledge of the victim-advocate privilege under Texas Family Code Chapter 93, which includes their knowledge that they must not use their position to obtain privileged information.
Amending 26 TAC §§356.201 – 356.206, 356.208, to revise the title to the rule, replace terms and definitions, and outline requirements for shelters.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §§356.201 – 356.206, 356.208
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.202, Satellite Shelter Funding, revises the title of the rule to “Additional HHSC-Funded Shelter Funding” and replaces the term “satellite” with “additional” throughout the rule to better align with current practices of family violence center operations.
The proposed amendment to §356.203, Satellite Shelter Requirements, revises the title of the rule to “Additional HHSC-Funded Shelter Requirements” and replaces the term “satellite” with “additional” to better align with current practices of family violence center operations. The proposed amendment also provides that additional shelters may serve an underserved geographic location. The center must have an employee or volunteer either on-site continuously when a resident is staying in the shelter, or on-site or on-call 24-hours-a-day, every day of the year, when no residents are staying in the shelter.
The proposed amendment to §356.206, Requesting a Variance or Waiver, revises the title of the rule to “Requesting a Funding Waiver”, clarifies the information that must be submitted to request a waiver, and removes a timeline for submitting the request.
Proposed new §356.208, Primary Services to an Unserved or Underserved Population, outlines the requirement for shelter centers that primarily serve an unserved or underserved population to have a plan for providing services to otherwise eligible victims who are not members of the targeted population. The proposed rule allows the plan to include referrals. This rule currently applies to Special Nonresidential Project Contracts and is being added to apply to Shelter Contracts.
Amending 26 TAC §356.207, to repeal the “More than One Funding Percentage Waiver,” which prohibits a center from receiving more than two funding waivers in consecutive contract terms.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §356.207
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §356.207, More than One Funding Percentage Waiver, prohibiting a center from receiving more than two funding waivers in consecutive contract terms is deemed unnecessary because §356.205 contains a current rule that if a center receives three or more funding waivers in a five-year period, the center may be subject to corrective action.
Amending 26 TAC §§356.301 – 356.303, to better align accounting practices with Texas Health and Human Services policy and best practices, and the procedures for reporting suspected or confirmed fraud, waste, or abuse of funds.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §§356.301 – 356.303
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.301, Accounting System Requirements, seeks to better align accounting practices with Texas Health and Human Services policy and best practices.
Proposed new §356.303, Fraud, Waste, and Abuse, outlines the requirement and process for reporting any suspected or confirmed fraud, waste, or abuse of funds paid from the contract.
Amending 26 TAC §§356.401 – 356.403, 356.405, to revise the requirements of the personnel handbook and the amendment process; update certain agreement review requirements; clarify language around the use and possession of drugs and alcohol; and revise the title of the rule.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §§356.401 – 356.403, 356.405
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.401, Personnel Policies, revises the requirements of the center’s personnel handbook and the timeframe for employee notification of any changes to policy. The proposed amendment also requires the handbook to contain information on the center’s nondiscrimination policies, complaint process, and response to staff experiencing family violence and violence occurring in the workplace.
The proposed amendment to §356.402, Personnel Files, requires personnel confidentiality and victim-advocate agreements to be updated annually.
The proposed amendment to §356.403, Drug and Alcohol Policy, clarifies language around the use and possession of drugs and alcohol.
The proposed amendment to §356.405, Staff Development, revises the title of the rule to “Ongoing Employee Training” and requires employees to receive information annually on a wide array of topics to better align with best practices in service delivery. Additionally, the amendment requires employees with access to personally identifying information to receive annual training in compliance with §356.616, Confidentiality and Victim-Advocate Privilege Training.
Amending 26 TAC §§356.406 – 356.408, to repeal the rules as they are no longer necessary.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §§356.406 – 356.408
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §356.406, Children’s Advocate, deletes the rule as no longer necessary to allow for flexibility of staffing and promote that all staff are able to meet the needs of children.
The proposed repeal of §356.407, Legal Advocate, deletes the rule as no longer necessary to allow for flexibility of staffing and promote that all staff are able to meet the legal needs of clients served.
The proposed repeal of §356.408, concerning Volunteer Coordinator, deletes the rule as no longer necessary, because Chapter 51 of Texas Human Resources Code no longer requires centers to have a volunteer program.
Amending 26 TAC §§356.501, 356.503 – 356.507, 356.510, to specify requirements for safe indoor and outdoor play areas; require centers to mark safety measures; clarify language concerning the use of security systems in HHSC-funded centers; require HHSC-funded shelter centers to have policies that address threats of violence and public health emergencies; requirements concerning the provision of general hygiene and personal items; and make revisions to the title of the rules.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §§356.501, 356.503 – 356.507, 356.510
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.501, Facility Requirements for the 24-Hour-a-Day Shelter Center, specifies that the safe indoor and outdoor play areas a center is currently required to have for younger clients need to be developmentally appropriate. The amendment also requires centers to clearly mark safety measures, plans, and inspections. Additionally, the amendment specifies that the first-aid kits a center is currently required to have in all center facilities must be fully stocked and in central locations and communal spaces, as specified by center policy, that are accessible to all employees, volunteers, and residents.
The proposed amendment to §356.503, Security System, clarifies the language around the types of security systems that must be in place at HHSC-funded centers.
The proposed amendment to §356.504, Security Policies and Procedures, adds that all HHSC-funded shelter centers must have policies to address threats of violence and public health emergencies. The amendment also stipulates that centers must notify HHSC immediately of any safety or security breaches that disrupt services anticipated to last 24 hours or longer. Additionally, the amendment states that centers may choose to make the location of emergency shelters public and that centers that choose to keep their location confidential must have systems and protocols in place to ensure that they remain secure.
The proposed amendment to §356.505, Shelter Center and Satellite Shelter Staffing, revises the title of the rule to “Shelter Center Staffing” because it is unnecessary to differentiate between shelter centers. The proposed amendment requires the center to have an employee or volunteer either on-site continuously when a resident is staying in the shelter, or on-site or on-call 24-hours-a-day, every day of the year, when no residents are staying in the shelter.
The proposed amendment to §356.506, Providing Hygiene Items to Residents, adds survivor-centered policies for providing direct access to general hygiene and essential personal items without having to request the items from staff.
The proposed amendment to §356.510, Using a Motel as a Type of Shelter, revises the title of the rule to “Using a Hotel or Motel as a Type of Shelter” and adds the term “hotel” to be more inclusive of facility types. The amendment also outlines staff or volunteer coverage requirements at the hotel or motel. Additionally, the amendment requires centers to offer services otherwise available at the shelter and requires them to provide an in-person visit when a client makes the request.
Amending 26 TAC §356.508, to remove a rule no longer necessary.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §356.508
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §356.508, Exceptions to Allowable Types of Facilities for a 24-Hour-a-Day Shelter, deletes a rule that is no longer necessary as exceptions to §356.507 are not allowable.
Amending 26 TAC §§356.601 – 356.604, 356.606, 356.607, 356.609 – 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635 – 356.637, to add requirements to ensure access to services is aligned with the Family Violence Prevention and Services Act.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §§356.601 – 356.604, 356.606, 356.607, 356.609 – 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635 – 356.637
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.601, Required Services, strengthens the requirement for shelters to ensure access to services is aligned with the Family Violence Prevention and Services Act.
Proposed new §356.603, Eligibility, defines eligibility to include victims of dating violence, as well as victims of sexual assault and human trafficking if those offenses meet the definition of family violence or dating violence. Additionally, the section requires eligibility to include serving all eligible victims regardless of their current geographic location.
The proposed amendment to §356.604, Federal and State Laws Regarding Eligibility, reorders the list of statutes to align with the order of deference given by the courts.
The proposed amendment to §356.606, Denial of Services, requires centers to provide appropriate referrals to other service providers when denying services.
The proposed amendment to §356.607, Eligibility of Previously Involuntarily Terminated Residents or Nonresidents, requires a shelter center to assess each request for service from a person who was previously involuntarily terminated. The amendment also prohibits a center from denying services to a victim who was previously involuntarily terminated based solely on the victim’s previous involuntary termination.
The proposed amendment to §356.609, Services at Capacity, revises the title of the rule to “Shelter at Capacity” and adds services that must be provided to a victim if the center’s primary method of providing shelter to the victim is full.
The proposed amendment to §356.611, Nonresidential Services for a Person Under 18 Years of Age, revises the title of the rule to “Nonresidential Services for a Minor” and clarifies when centers may provide nonresidential services to a minor without obtaining consent from the minor’s parent, managing conservator, or guardian.
The proposed amendment to §356.612, Termination of Services, adds language to require centers to implement grounds for termination that are concerned solely with the safety and security of center staff, residents, and nonresidents. The proposed amendment also allows centers to allow considerations for residents and nonresidents to have contact with an abuser without grounds for termination. Additionally, the amendment allows residents and nonresidents to voluntarily terminate their services at any time.
The proposed amendment to §356.613, General Confidentiality Policy, revises the title of the rule to “General Confidentiality and Victim-Advocate Privilege Policy” and includes privileged communication requirements between victims and trained family violence center advocates added under Texas Family Code Chapter 93.
The proposed amendment to §356.614, Confidentiality Information for Adult Residents and Nonresidents, revises the name of the rule to “Confidentiality and Victim-Advocate Privileged Information for Adult Residents and Nonresidents” and includes privileged communication requirements between victims and trained family violence center advocates added under Texas Family Code Chapter 93. The amendment also restricts centers from charging residents and nonresidents a fee when accessing the resident’s and nonresident’s records, and adds a requirement when the center cannot provide the information in subsection (a) of the rule in writing.
The proposed amendment to §356.615, Confidentiality Agreements, revises the title of the rule to “Confidentiality and Victim-Advocate Agreements” and revises the list of people required to sign a confidentiality and victim-advocate privilege agreement. The amendment also adds the requirement for centers to have a confidentiality policy for center visitors. Additionally, the amendment adds requirements for the center when a confidentiality agreement cannot be physically signed.
The proposed amendment to §356.616, Confidentiality Training, revises the title of the rule to “Confidentiality and Victim-Advocate Privilege Training” and includes requirements for training to employees, board members, contract staff, volunteers, and interns who have access to personally identifying information on victim-advocate privilege and procedures for responding to court orders due to the implementation of Texas Family Code Chapter 93, which implemented victim-advocate privilege for family violence centers.
The proposed amendment to §356.617, Information in Resident or Nonresident Files, revises the title of the rule to “Information in Resident or Nonresident Records” and replaces “files” with “record” in the rules to use consistent terminology when referring to these types of records. The proposed amendment adds the consideration for records to be maintained either in hard-copy or electronic format. It also adds that needs documented should be a survivor-stated need, and removes current paragraph (2) because setting goals is not a requirement to receive services.
The proposed amendment to §356.619, Maintaining Control over Resident and Nonresident Files, revises the title of the rule to “Maintaining Control Over Resident and Nonresident Records” because “records” is the term used in the rule. The proposed amendment clarifies that residents and nonresidents cannot be charged a fee when accessing their records.
The proposed amendment to §356.620, Release of Resident or Nonresident Information, strengthens the requirements for a center to be able to release resident or nonresident information to better align with the requirements of the Family Violence Prevention and Services Act. The amendment also restricts an abuser or suspected abuser of a minor from being allowed to consent to the release of a minor’s information.
The proposed amendment to §356.623, Procedures Regarding Court Orders, requires the center’s written procedures to include a process for notifying victims of a potential release of information and a statement that the center will take steps necessary to protect the privacy and safety of the person. The proposed amendment also adds the requirement for centers to comply with privilege provisions.
The proposed amendment to §356.626, Disruption in Providing Services, clarifies the circumstances for reporting a disruption in services. The proposed amendment also details how the report to HHSC must be made.
The proposed amendment to §356.627, Maximum Length of Stay for Shelter Center Residents, revises the title of the rule to “Length of Stay for Shelter Center Residents” and requires a center to offer a minimum stay of no less than 30 days from the date of entry into the shelter, for a resident to use, if the resident chooses to do so. The amendment also provides that a resident’s stay may be terminated sooner than 30 days if aligned with the center’s policies required under proposed amended §356.612 pertaining to Termination of Services.
The proposed amendment to §356.631, Community Education, revises the title of the rule to “Community Education and Prevention” and adds prevention education as a component of community education to align with changes to Texas Human Resources Code Chapter 51. The amendment also adds underserved communities as a targeted audience and requires centers to comply with proposed new §356.636, Access to Services for People with a Disability, in their community education efforts.
The proposed amendment to §356.635, Content of Training for Non-Direct Service Volunteers, requires training on a center’s policies and procedures regarding victim-advocate privilege, implementing Texas Family Code Chapter 93.
Proposed new §356.636, Access to Services for People with a Disability, adds requirements for how centers must provide access for people with a disability in accordance with the Family Violence Prevention and Services Act.
Proposed new §356.637, Service Model, requires centers to develop, maintain, and comply with a voluntary and trauma-informed service model that respects an individual’s needs in accordance with changes to Texas Human Resources Code Chapter 51. Additionally, it requires centers to provide training related to the service model and have a written process to evaluate the service model.
Amending 26 TAC §§356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, to delete rules that are no longer necessary.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §§356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §356.603, Eligibility, deletes the rule as no longer necessary, because the content of the rule has been added to proposed new §356.603.
The proposed repeal of §356.622, Court Orders, deletes the rule as no longer necessary, because the content of the rule has been added to proposed new §356.623.
The proposed repeal of §356.624, Notification of Court Orders, deletes the rule as no longer necessary, because the content of the rule has been added to proposed amended §356.623.
The proposed repeal of §356.625, Policies and Procedures for the Retention and Destruction of Documentation, ensures that retention and destruction of documentation procedures do not conflict with the requirements of the HHSC contract related to family violence service delivery.
The proposed repeal of §356.630, Cooperation with Criminal Justice Officials, deletes the rule as no longer necessary because Texas Human Resources Code Chapter 51 created a new category of services to include advocacy focused on civil and criminal legal systems, which has been added in the proposed amendment to §356.701, Shelter Center Services.
The proposed repeal of §356.632, Volunteer Program, deletes the rule as no longer necessary, because Texas Human Resources Code Chapter 51 no longer requires centers to have a volunteer program.
The proposed repeal of §356.633, Volunteer Recruitment, deletes the rule as no longer necessary, because Texas Human Resources Code Chapter 51 no longer requires centers to have a volunteer program.
Amending 26 TAC §§356.701 – 356.711, 356.713, 356.714, 356.716, 356.718 – 356.720, to revise the list of required services to align with legislative updates to the Texas Human Resources Code Chapter 51.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §§356.701 – 356.711, 356.713, 356.714, 356.716, 356.718 – 356.720
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.701, Shelter Center Services, revises the list of required services to align with legislative updates to Texas Human Resources Code Chapter 51, as well as crisis call hotline requirements to be more accessible to people with limited English proficiency and to people with a disability in accordance with the Family Violence Prevention and Services Act.
The proposed amendment to §356.702, Data Collection, revises the name to “Reporting Data to HHSC” and clarifies how a center must report data to HHSC. The amendment also explains that a center must report to HHSC within two business days if it will have trouble submitting accurate data. The amendment also requires a center to notify HHSC via email within 24 hours of discovery if there is a data breach and provide written notification to HHSC by the third business day after discovery of a data breach. Additionally, the amendment adds a clause regarding a resident’s or nonresident’s option to refuse to provide personal data.
The proposed amendment to §356.703, Promoting Cooperative Living in the Shelter, adds survivor-centered considerations for the cooperative living agreement.
The proposed amendment to §356.704, Crisis Call Hotline, revises the policies to be more aligned with current business practices and accessibility requirements of the Family Violence Prevention and Services Act.
Proposed new §356.705, Transferring the Crisis Call Hotline, provides the conditions under which a center may transfer its crisis call hotline.
The proposed amendment to §356.706, Medical Care, revises a center’s resource list requirements to include survivor-centered resources, as well as affordable options and physical, mental, and behavioral health resources. The proposed amendment also requires a center to provide standard first aid medical supplies that are accessible to residents 24-hours-a-day.
The proposed amendments to §356.708 and §356.709, Resident’s Orientation and Nonresident’s Orientation, respectively, require centers to provide orientation to a resident or nonresident, in accordance with the Family Violence Prevention and Services Act and within 72 hours of their entry into services. The proposed amendment also requires that the center keep adequate documentation. Additionally, the amendment clarifies the information that must be shared with regards to complaint procedures and adds information on victim-advocate privilege contained within Texas Family Code Chapter 93.
Proposed new §356.710, Needs Assessment, requires the documentation of each resident’s and nonresident’s self-stated needs and request for services. The proposed amendment emphasizes the voluntary services requirements in 45 CFR §1370.10(b)(10) and in Texas Human Resources Code §51.005(b-1)(1), effective on September 1, 2024. The proposed amendment also requires centers to offer assistance in developing needs assessment plans at each re-entry into the program.
The proposed amendment to §356.711, Group Intervention, revised the title of the rule to “Support Groups” and clarifies that centers must provide one weekly voluntary support group for adult residents and adult nonresidents.
The proposed amendment to §356.713, Delivery of Children’s Direct Services, requires a center to have developmentally appropriate services and a voluntary, developmentally appropriate support group for child residents.
The proposed amendment to §356.714, Intervention Services for Children Residing in the Shelter, revised the title of the rule to “Services for Children Residing in the Shelter” and requires a center to offer developmentally appropriate services for child residents. The proposed amendment requires a center to offer strategies to enhance safety within the shelter environment and safety at school. Additionally, the proposed amendment stipulates that intervention services for child residents must include resources that are inclusive of the client’s unique needs, when available, and provide information regarding victim-advocate privilege and characteristics of healthy interpersonal relationships.
Proposed new §356.716, Child Care Permit, contains references to the child care permit regulations under Texas Human Resources Code Chapter 42 and 26 TAC Chapters 743, 745, and 746.
The proposed amendment to §356.718, Educational Services for Children of Adult Residents, requires centers to maintain knowledge of educational services available within their communities. The proposed amendment also requires centers to arrange transportation for the child’s continued education.
Proposed new §356.719, Client Assistance Funds, requires that when funds are available, centers must develop, maintain, and comply with policies and procedures regarding victims’ access to assistance funds that are consistent and equitable.
Proposed new §356.720, Counseling Services, outlines how family centers may provide counseling services either by employees, contract staff, interns, or volunteers, or by referral to community resources available. It also clarifies that centers do not have to pay for outside counseling but must maintain a current list of counseling resources in the community. Further, it states that counseling can include varying modalities to meet the mental health and wellness needs of survivors.
Amending 26 TAC §§356.705, 356.710, 356.712, 356.716, 356.717, 356.719, to repeal chapters no longer necessary.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER B. SHELTER CENTERS
26 TAC §§356.705, 356.710, 356.712, 356.716, 356.717, 356.719
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §356.705, Subcontracting the Crisis Call Hotline, deletes the rule as no longer necessary because the content of the rule has been added to proposed new §356.705.
The proposed repeal of §356.710, Service Plan, deletes the rule as no longer necessary, because the content of the rule has been added to proposed new §356.710.
The proposed repeal of §356.712, Religion and Intervention Services, deletes the rule as no longer necessary, because the content of the rule will be added to contracts with the centers.
The proposed repeal of §356.716, Texas Department of Family and Protective Services’ (DFPS) Child-Care Permit, deletes the rule as no longer necessary, because the content of the rule has been added to proposed new §356.716.
The proposed repeal of §356.717, Legal Assistance Services, deletes the rule as no longer necessary because Texas Human Resources Code Chapter 51 created a new category of services to include advocacy focused on civil and criminal legal systems, which has been added in the proposed amendment to §356.701, Shelter Center Services.
The proposed repeal of §356.719, Training and Employment Services, deletes the rule as no longer necessary because Texas Human Resources Code Chapter 51 no longer requires centers to provide information about training for and seeking employment.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §356.803
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.803, Confidentiality, strengthens board member requirements for knowledge of confidentiality policies and requires a board member to provide written assurance that the member will not use their position to obtain access to confidential information when not authorized.
Amending 26 TAC §356.901, §356.902, to revise the title of the rule and clarify the procedures to request a waiver.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §356.901, §356.902
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.902, Requesting a Variance or Waiver, revises the title of the rule to “Requesting a Funding Waiver” and clarifies the information that must be submitted to request a waiver, and removes a timeline for submitting the request.
Amending 26 TAC §§356.1001 – 356.1003, to better align accounting practices with the Texas Health and Human Services policy and best practices and reporting procedures for any suspected or confirmed fraud, waste, or abuse of funds.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §§356.1001 – 356.1003
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.1001, Accounting System Requirements, seeks to better align accounting practices with Texas Health and Human Services policy and best practices.
Proposed new §356.1003, Fraud, Waste, and Abuse, outlines the requirement and process for reporting any suspected or confirmed fraud, waste, or abuse of funds paid from the contract, emphasizing that centers must protect victims’ personally identifying information when reporting fraud, waste, or abuse.
Amending 26 TAC §§356.1101 – 356.1103, 356.1105, to revise the requirements for the personnel handbook and the procedures to amend policies.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §§356.1101 – 356.1103, 356.1105
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.1101, Personnel Policies, revises the requirements for the center’s personnel handbook and the timeframe for employee notification of any changes to policy. The proposed amendment also requires the handbook to contain information on the center’s nondiscrimination policies, complaint process, and response to staff experiencing family violence and violence occurring in the workplace.
The proposed amendment to §356.1102, Personnel Files, requires personnel confidentiality and victim-advocate agreements to be updated annually.
The proposed amendment to §356.1103, Drug and Alcohol Policy, clarifies language around the use and possession of drugs and alcohol.
The proposed amendment to §356.1105, Staff Development, revises the title of the rule to “Ongoing Employee Training” and requires employees to receive information annually on a wide array of topics to better align with best practices in service delivery.
Amending 26 TAC §356.1201, §356.1202, to add requirements for centers to provide safety measures, plans, and inspections, and secure locations for cleaners and hazardous materials.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §356.1201, §356.1202
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.1201, Facility Requirements for the Special Nonresidential Project, adds the requirement for centers to provide clearly marked safety measures, plans, and inspections as well as secure locations for cleaners and hazardous materials. Additionally, the amendment requires centers to keep stocked first-aid kits in central and communal areas of the shelter that are accessible to all employees, volunteers, and residents. Further, the amendment requires access to bathroom facilities.
The proposed amendment to §356.1202, Security System, clarifies the language around the types of security systems that must be in place.
Amending 26 TAC §§356.1301 – 356.1304, 356.1306, 356.1308 – 356.1313, 356.1315 – 356.1319, 356.1321, 356.1324, 356.1325, to reorganize the rule, provide definitions, and define eligibility and other relevant procedures.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §§356.1301 – 356.1304, 356.1306, 356.1308 – 356.1313, 356.1315 – 356.1319, 356.1321, 356.1324, 356.1325
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
Proposed new §356.1303, Eligibility, defines eligibility to include victims of dating violence, as well as victims of sexual assault and human trafficking if those offenses meet the definition of family violence or dating violence. Additionally, the section requires eligibility to include serving all eligible victims regardless of their current geographic location.
The proposed amendment to §356.1304, Federal and State Laws Regarding Eligibility, reorders the list of statutes to align with the order of deference given by the courts.
The proposed amendment to §356.1306, Denial of Services, requires centers to provide appropriate referrals to other service providers when denying services.
The proposed amendment to §356.1308, Nonresidential Services for a Person Under 18 Years of Age, revises the title of the rule to “Nonresidential Services for a Minor” and clarifies when centers may provide nonresidential services to a minor without obtaining consent from the minor’s parent, managing conservator, or guardian.
The proposed amendment to §356.1309, Termination of Services, adds language to require centers to implement grounds for termination that are concerned solely with the safety and security of center staff and other clients. The proposed amendment also allows centers to allow considerations for program participants to have contact with an abuser without grounds for termination. Additionally, the amendment allows program participants to voluntarily terminate their services at any time.
The proposed amendment to §356.1310, General Confidentiality, adds requirements to create procedures regarding important confidentiality parameters to be consistent with shelter and non-residential center requirements.
The proposed amendment to §356.1311, Confidentiality Information for Program Participants, restricts centers from charging residents and nonresidents a fee when accessing their client records, and adds a requirement when the center cannot provide the information in subsection (a) of the rule in writing.
The proposed amendment to §356.1312, Confidentiality Agreements, revises the list of people required to sign a confidentiality agreement. The amendment also adds the requirement for centers to have a confidentiality policy for center visitors. Additionally, the amendment adds requirements for the center when a confidentiality agreement cannot be physically signed.
The proposed amendment to §356.1313, Confidentiality Training, updates who must receive confidentiality training, and includes a requirement of training on procedures for responding to court orders and any other requests for confidential information.
The proposed amendment to §356.1315, Information in Program Participant Files, revises the name of the rule to “Information in Program Participant Records”, replaces “files” with “record”, and allows for information to be kept both written and electronically in a program participant’s record. It also adds that needs documented should be a survivor-stated need, and removes current paragraph (2) because setting goals is not a requirement to receive services.
The proposed amendment to §356.1317, Maintaining Control over Program Participant Files, revises the name of the rule to “Maintaining Control Over Program Participant Records” because “records” is the term used in the rules. The proposed amendment clarifies that residents and nonresidents cannot be charged a fee when accessing their records.
The proposed amendment to §356.1318, Release of Program Participant Information, strengthens the requirements for a center to be able to release a client’s information to better align with the requirements of the Family Violence Prevention and Services Act. The amendment clarifies that this rule does not apply when responding to subpoenas and other documents with which a center is legally required to comply; however, the amendment also allows for centers to raise claims of confidentiality or privilege prior to responding. The amendment also restricts an abuser or suspected abuser of a minor from being allowed to consent to the release of a minor’s information.
The proposed amendment to §356.1321, Procedures Regarding Court Orders, requires the center’s written procedures to include a process for notifying victims of a potential release of information and a statement that the center will take steps necessary to protect the privacy and safety of the person.
Proposed new §356.1324, Access to Services for People with a Disability, adds requirements for how centers must provide access for people with a disability in accordance with the Family Violence Prevention and Services Act.
Proposed new §356.1325, Service Model, requires centers to develop, maintain, and comply with a voluntary and trauma-informed service model that respects an individual’s needs in accordance with changes to Texas Human Resources Code Chapter 51. Additionally, it requires centers to provide training related to the service model and have a written process to evaluate the service model.
Amending 26 TAC §§356.1303, 356.1314, 356.1320, 356.1322, to repeal rules no longer necessary.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §§356.1303, 356.1314, 356.1320, 356.1322
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed repeal to §356.1303, Eligibility, deletes the rule as no longer necessary, because the content of the rule has been added to proposed new §356.1303.
The proposed repeal of §356.1314, Provision of Health and Human Services Commission (HHSC)-funded Services by Attorneys or Other Licensed Professionals, deletes the rule as no longer necessary.
The proposed repeal of §356.1320, Court Orders, deletes the rule as no longer necessary, because the content of the rule has been added to proposed new §356.1321.
The proposed repeal of §356.1322, Notification of Court Orders, deletes the rule as no longer necessary because the content of the rule has been added to proposed amended §356.1321.
Amending 26 TAC §§356.1401, 356.1404, 356.1406, 356.1408, to remove rules no longer necessary.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §§356.1401, 356.1404, 356.1406, 356.1408
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The repeal of §356.1401, Special Nonresidential Project Services, deletes the rule as no longer necessary because the content of the rule has been added to proposed new §356.1401.
The proposed repeal of §356.1404, Subcontracting the Crisis Call Hotline, deletes the rule as no longer necessary because the content of the rule has been added to proposed new §356.1404.
The proposed repeal of §356.1406, Religion and Intervention Services, deletes the rule as no longer necessary, because the content of the rule will be added to contracts with the centers.
The proposed repeal of §356.1408, Texas Department of Family and Protective Services’ (DFPS) Child-Care Permit, deletes the rule as no longer necessary because the content of the rule has been added to proposed new §356.1408.
Amending 26 TAC §§356.1401 – 356.1405, 356.1408, 356.1409, to outline the requirements for centers with a special nonresidential project.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS
26 TAC §§356.1401 – 356.1405, 356.1408, 356.1409
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
Proposed new §356.1401, Special Nonresidential Project Services, provides requirements for centers with a special nonresidential project. This includes providing either community education and prevention or direct services that address an underserved or special population. A center must also maintain a referral system for victims needing other resources, including shelter, and requires obtaining feedback from those receiving services.
The proposed amendment to §356.1402, Data Collection, revises the title of the rule to “Reporting Data to HHSC” and clarifies how a center must report data to HHSC. The proposed amendment requires a center to report to HHSC within two business days if it will have trouble submitting accurate data. The proposed amendment requires a center to notify HHSC via email within 24 hours of discovery if there is a data breach and provide written notification to HHSC by the third business day after discovery of a data breach. Additionally, the proposed amendment adds a clause regarding a client’s option to refuse to provide personal data.
The proposed amendment to §356.1403, Crisis Call Hotline, revises the policies to be more aligned with current business practices and accessibility requirements of the Family Violence Prevention and Services Act.
Proposed new §356.1404, Transferring the Crisis Call Hotline, stipulates the conditions under which a center may transfer its crisis call hotline.
The proposed amendment to §356.1405, Program Participant’s Orientation, requires that if a center provides direct services, the center must provide orientation to a client in accordance with the Family Violence Prevention and Services Act. The proposed amendments require that the center keep adequate documentation. Additionally, the amendments clarify the information that must be shared with regard to complaint procedures.
Proposed new §356.1408, Child Care Permit, contains references to the child care permit regulations under Texas Human Resources Code Chapter 42 and 26 TAC Chapters 743, 745, and 746.
Proposed new §356.1409, Client Assistance Funds, requires that when funds are available, centers must develop, maintain, and comply with policies and procedures regarding victims’ access to assistance funds that are consistent and equitable.
Amending 26 TAC §§356.1501 – 356.1504, to revise the title of the rule; require the provision of the board handbook to board members; and amend board member training requirements.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §§356.1501 – 356.1504
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.1501, Fiscal Oversight and Accountability, revises the title of the rule to “Oversight and Accountability” and clarifies the role of the board of directors. The proposed amendment also adds the expectations of the board regarding knowledge of the Texas Health and Human Services Commission Family Violence Program grant and the requirement to comply with center complaint policies.
The proposed amendment to §356.1502, Nonresidential Center’s Board Handbook, revises the timeframe for board members to receive the board handbook. The proposed amendment also requires the handbook to contain information on the organization’s efforts to support underserved populations and information on the intersection of family violence and barriers to services for underserved populations.
The proposed amendment to §356.1503, Board of Directors Training, revises the required training to state that it must be provided to board members every year, instead of every two years, and that the board members must receive the training within 60 days of their first term, instead of three months. The proposed amendment removes the requirement for training on the center’s insurance coverage. The proposed amendment adds the requirement of training on barriers to services for underserved populations and references the requirements in proposed amended §356.2014, Confidentiality and Victim-Advocate Privilege.
The proposed amendment to §356.1504, Confidentiality, revises the title of the rule to “Confidentiality and Victim-Advocate Privilege” and strengthens board member requirements for knowledge of confidentiality policies. The proposed amendment requires board members to provide written assurance of their knowledge of the victim-advocate privilege under Texas Family Code Chapter 93, which includes their knowledge that they must not use their position to obtain privileged information.
Amending 26 TAC §§356.1602, 356.1604, 356.1605, to revise the procedures to request a waiver.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §§356.1602, 356.1604, 356.1605
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment §356.1605, Requesting a Variance or Waiver, revises the title of the rule to “Requesting a Funding Waiver”, clarifies the information that must be submitted to request a waiver, and removes a timeline for submitting the request.
Amending 26 TAC §§356.1701 – 356.1703, to align accounting practices with the Texas Health and Human Services policy and best practices and outline the procedures for reporting any suspected or confirmed fraud, waste, or abuse of funds.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §§356.1701 – 356.1703
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.1701, Accounting System Requirements, seeks to better align accounting practices with Texas Health and Human Services policy and best practices.
Proposed new §356.1703, Fraud, Waste, and Abuse, outlines the requirement and process for reporting any suspected or confirmed fraud, waste, or abuse of funds paid from the contract, emphasizing that centers must protect victims’ personally identifying information when reporting fraud, waste, or abuse.
Amending 26 TAC §§356.1801 – 356.1803, 356.1805, to revise the requirements for the personnel handbook and the procedures to amend policies.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §§356.1801 – 356.1803, 356.1805
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.1801, Personnel Policies, revises the requirements of the center’s personnel handbook and the timeframe for employee notification of any changes to policy. The proposed amendment requires the handbook to contain information on the center’s nondiscrimination policies, complaint process, and response to staff experiencing family violence and violence occurring in the workplace.
The proposed amendment to §356.1802, Personnel Files, requires personnel confidentiality and victim-advocate agreements to be updated annually.
The proposed amendment to §356.1803, Drug and Alcohol Policy, clarifies language about the use and possession of drugs and alcohol.
The proposed amendment to §356.1805, Staff Development, revises the title of the rule to “Ongoing Employee Training” and requires employees to receive information annually on a wide array of topics to better align with best practices in service delivery. Additionally, the proposed amendment requires employees with access to personally identifying information to receive annual training in compliance with the proposed amendment to §356.2014, Confidentiality and Victim-Advocate Privilege Training.
Amending 26 TAC §356.1806, §356.1807, to repeal rules no longer necessary.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §356.1806, §356.1807
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §356.1806, Legal Advocate, deletes the rule as no longer necessary to allow for flexibility of staffing and promote that all staff are able to meet the legal needs of clients served.
The proposed repeal of §356.1807, Volunteer Coordinator, deletes the rule as no longer necessary because Texas Human Resources Code Chapter 51 no longer requires centers to have a volunteer program.
Amending 26 TAC §§356.1901 – 356.1903, to require centers to mark safety measures, plans, and inspections, and secure cleaning products and other hazardous items.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §§356.1901 – 356.1903
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.1901, Facility Requirements for the Nonresidential Center, requires centers to clearly mark safety measures, plans, and inspections. The amendment also ensures that cleaning products and other hazardous items are secured out of reach of children. Additionally, the amended section requires centers to keep stocked first-aid kits in central communal areas that are accessible to all employees, volunteers, and program participants.
The proposed amendment to §356.1902, Security System, clarifies the language relating to what security systems at HHSC-funded centers must include.
The proposed amendment to §356.1903, Security Policies and Procedures, requires all HHSC-funded centers to have policies to address threats of violence and public health emergencies. The proposed amendment stipulates that centers must notify HHSC immediately of any safety or security breaches that disrupt services anticipated to last 24 hours or longer.
Amending 26 TAC §§356.2001 – 356.2004, 356.2006, 356.2007, 356.2009 – 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033 – 356.2035, to ensure access to services is aligned with the Family Violence Prevention and Services Act.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §§356.2001 – 356.2004, 356.2006, 356.2007, 356.2009 – 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033 – 356.2035
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.2001, Required Services, strengthens the requirement for centers to ensure access to services is aligned with the Family Violence Prevention and Services Act.
Proposed new §356.2003, Eligibility, defines eligibility to include victims of dating violence, as well as victims of sexual assault and human trafficking if those offenses meet the definition of family violence or dating violence. Additionally, the section requires eligibility include serving all eligible victims regardless of their current geographic location.
The proposed amendment to §356.2004, Federal and State Laws Regarding Eligibility, reorders the list of statutes to align with the order of deference given by the courts.
The proposed amendment to §356.2006, Denial of Services, requires centers to provide appropriate referrals to other service providers when denying services.
The proposed amendment to §356.2007, Eligibility of Previously Involuntarily Terminated Program Participants, requires centers to assess each request for service from a person who was previously involuntarily terminated. The proposed amendment states that centers cannot deny services to a participant who was previously involuntarily terminated based only on the participant’s previous involuntary termination.
The proposed amendment to §356.2009, Nonresidential Services for a Person Under 18 Years of Age, revises the title of the rule to “Nonresidential Services for a Minor” and clarifies when centers may provide nonresidential services to a minor without obtaining consent from the minor’s parent, managing conservator, or guardian.
The proposed amendment to §356.2010, Termination of Services, adds language to require centers to implement grounds for termination that are concerned solely with the safety and security of center staff and other clients. The proposed amendment allows centers to allow considerations for residents and nonresidents to have contact with an abuser without grounds for termination. Additionally, the proposed amendment allows residents and nonresidents to voluntarily terminate their services at any time.
The proposed amendment to §356.2011, General Confidentiality Policy, revises the title of the rule to “General Confidentiality and Victim-Advocate Privilege Policy” and includes privileged communication requirements between victims and trained family violence center advocates added under Texas Family Code Chapter 93.
The proposed amendment to §356.2012, Confidentiality Information for Adult Program Participants, revises the title of the rule to “Confidentiality and Victim-Advocate Privileged Information for Program Participants” to include privileged communication requirements between victims and trained family violence center advocates added under Texas Family Code Chapter 93. The proposed amendment restricts centers from charging residents and nonresidents a fee when accessing their client records, and adds a requirement when the center cannot provide the information in subsection (a) of the rule in writing.
The proposed amendment to §356.2013, Confidentiality Agreements, revises the title of the rule to “Confidentiality and Victim-Advocate Agreements” and revises the list of people required to sign a confidentiality and victim-advocate privilege agreement. The proposed amendment adds the requirement for centers to have a confidentiality policy for center visitors. The proposed amendment adds requirements for the center when a confidentiality agreement cannot be physically signed.
The proposed amendment to §356.2014, Confidentiality Training, revises the name of the rule to “Confidentiality and Victim-Advocate Privilege Training” and includes requirements for training to employees, board members, contract staff, volunteers, and interns who have access to personally identifying information on victim-advocate privilege and procedures for responding to court orders due to the implementation of Texas Family Code Chapter 93, which implemented victim-advocate privilege for family violence centers.
The proposed amendment to §356.2015, Information in Program Participant Files, revises the title of the rule to “Information in Program Participant Records”, replaces “files” with “record”, and allows for information to be kept both written and electronically in a program participant’s record. It also adds that needs documented should be a survivor-stated need and removes current paragraph (2) because setting goals is not a requirement to receive services.
The proposed amendment to §356.2017, Maintaining Control over Program Participant Files, revises the title of the rule to “Maintaining Control Over Program Participant Records” because “records” is the term used in the rule. The proposed amendment clarifies that program participants may not be charged a fee when accessing their records.
The proposed amendment to §356.2018, Release of Program Participant Information, strengthens the requirements for a center to be able to release a client’s information to better align with the requirements of the Family Violence Prevention and Services Act. The amendment also restricts an abuser or suspected abuser of a minor from being allowed to consent to the release of a minor’s information.
The proposed amendment to §356.2021, Procedures Regarding Court Orders, requires the center’s written procedures to include a process for notifying victims of a potential release of information and a statement that the center will take steps necessary to protect the privacy and safety of the person. The proposed amendment also adds the requirement for centers to comply with privilege provisions.
The proposed amendment to §356.2024, Minimum Hours for a Nonresidential Center, replaces that a nonresidential center’s consistent schedule of service hours “may be regular business hours or other hours as approved by the Health and Human Services Commission” with “that best supports the needs of the community”. This change is made to allow for centers to establish business hours that best fit the needs in their community.
The proposed amendment to §356.2026, Disruption in Providing Services, updates the requirement that centers must report disruptions anticipated to last 24 hours or more that may affect the center’s ability to provide services. The proposed amendment also requires centers to report details about how services will be maintained immediately to HHSC. This change was made to add a specific time-frame in disruption and clarify what needs to be reported by the center.
The proposed amendment to §356.2029, Community Education, revises the title of the rule to “Community Education and Prevention” and adds prevention education as a component of community education to align with changes to Texas Human Resources Code Chapter 51. The proposed amendment adds underserved communities as a targeted audience and requires centers to comply with proposed new §356.2034 concerning Access to Services for People with a Disability, in their community education efforts.
The proposed amendment to §356.2033, Content of Training for Non-Direct Service Volunteers, corrects the word “Content” in the title of the rule and includes required training on privileged communications between victims and family violence center trained advocates added under Texas Family Code Chapter 93.
Proposed new §356.2034, Access to Services for People with a Disability, adds requirements for how centers must provide access for people with a disability in accordance with the Family Violence Prevention and Services Act. The proposed rule requires centers to serve people with a disability to ensure they have meaningful access to the program, can effectively communicate, and are provided auxiliary aids and services when necessary.
Proposed new §356.2035, Service Model, requires centers to develop, maintain, and comply with a voluntary and trauma-informed service model that respects an individual’s needs in accordance with changes to Texas Human Resources Code Chapter 51. The proposed rule requires centers to provide training related to the service model and have a written process to evaluate the service model.
Amending 26 TAC §§356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, to repeal rules no longer necessary.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §§356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §356.2003, Eligibility, deletes the rule as no longer necessary, because the content of the rule has been added to proposed new §356.2003.
The proposed repeal of §356.2020, Court Orders, deletes the rule as no longer necessary, because the content of the rule has been added to proposed new §356.2022.
The proposed repeal of §356.2022, Notification of Court Orders, deletes the rule as no longer necessary because the content of the rule has been added to proposed amended §356.2021.
The proposed repeal of §356.2028, Cooperation with Criminal Justice Officials, deletes the rule as no longer necessary because Texas Human Resources Code Chapter 51 created a new category of services to include advocacy focused on civil and criminal legal systems, which has been added in the proposed amendment to §356.701, Shelter Center Services.
The proposed repeal of §356.2030, Volunteer Program, deletes the rule as no longer necessary because Texas Human Resources Code Chapter 51 no longer requires centers to have a volunteer program.
The proposed repeal of §356.2031, Volunteer Recruitment, deletes the rule as no longer necessary because Texas Human Resources Code Chapter 51 no longer requires centers to have a volunteer program.
Amending 26 TAC §§356.2101 – 356.2108, 356.2110, 356.2112, 356.2114, 356.2115, to revise the requirements to align with legislative updates to Texas Human Resources Code Chapter 51.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §§356.2101 – 356.2108, 356.2110, 356.2112, 356.2114, 356.2115
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed amendment to §356.2101, Nonresidential Center Services, revises the requirements to align with legislative updates to Texas Human Resources Code Chapter 51, as well as crisis call hotline requirements to be more accessible to people with limited English proficiency and to people with a disability in accordance with the Family Violence Prevention and Services Act.
The proposed amendment to §356.2102, Data Collection, revises the title of the rule to “Reporting Data to HHSC” and clarifies how a center must report data to HHSC. The proposed amendment explains that a center must report to HHSC within two business days if it will have trouble submitting accurate data. The proposed amendment requires a center to notify HHSC via email within 24 hours of discovery if there is a data breach and provide written notification to HHSC by the third business day after discovery of a data breach. The proposed amendment adds a clause regarding a client’s option to refuse to provide personal data.
The proposed amendment to §356.2103, Crisis Call Hotline, revises the rule to align with current business practices and accessibility requirements of the Family Violence Prevention and Services Act.
Proposed new §356.2104, Transferring the Crisis Call Hotline, stipulates the conditions under which a center may transfer its crisis call hotline.
The proposed amendment to §356.2105, Medical Care, revises a center’s resource list requirements to include survivor-centered resources, as well as affordable options and physical, mental, and behavioral health resources. The proposed amendment also requires a center to provide standard first aid medical supplies that are accessible to program participants 24-hours-a-day.
The proposed amendment to §356.2106, Program Participant’s Orientation, requires centers to provide orientation to a program participant, in accordance with the Family Violence Prevention and Services Act. The proposed amendment requires that the center keep adequate documentation of the orientation. The proposed amendment clarifies the information that must be shared regarding complaint procedures and adds information on victim-advocate privilege contained within Texas Family Code Chapter 93.
Proposed new §356.2107, Needs Assessment, requires the documentation of each resident’s and nonresident’s self-identified needs and request for services. The proposed amendment emphasizes the voluntary services requirements in 45 CFR §1370.10(b)(10) and in Texas Human Resources Code §51.005(b-1)(1), effective on September 1, 2024. The proposed amendment also requires centers to offer assistance in developing needs assessment plans at each re-entry into the program.
The proposed amendment to §356.2108, Group Intervention, revises the title of the rule to “Support Groups” and clarifies that centers must provide weekly support groups for adult program participants but that attendance must be voluntary.
The proposed amendment to §356.2110, Delivery of Children’s Direct Services, adds a requirement for providing voluntary, developmentally appropriate services to children.
Proposed new §356.2112, Child Care Permit, contains references to the child care permit regulations under Texas Human Resources Code Chapter 42, and 26 TAC Chapters 743, 745, and 746.
Proposed new §356.2114, Client Assistance Funds, requires that when funds are available, centers must develop, maintain, and comply with policies and procedures regarding victims’ access to assistance funds that are consistent and equitable to clients.
Proposed new §356.2115, Counseling Services, outlines how family centers may provide counseling services either by employees, contract staff, interns, or volunteers, or by referral to community resources available. The proposed rule clarifies that centers do not have to pay for outside counseling but must maintain a current list of counseling resources in the community. The proposed rule states that counseling can include varying modalities to meet the mental health and wellness needs of survivors.
Amending 26 TAC §§356.2104, 356.2107, 356.2109, 356.2112 – 356.2114, to repeal rules no longer necessary.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER D. NONRESIDENTIAL CENTERS
26 TAC §§356.2104, 356.2107, 356.2109, 356.2112 – 356.2114
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
The proposed repeal of §356.2104, Subcontracting the Crisis Call Hotline, deletes the rule as no longer necessary because the content of the rule has been added to proposed new §356.2104.
The proposed repeal of §356.2107, Individual Service Plans, deletes the rule as no longer necessary because the content of the rule has been added to proposed new §356.2107.
The proposed repeal of §356.2109, Religion and Intervention Services, deletes the rule as no longer necessary, because the content of the rule will be added to contracts with the centers.
The proposed repeal of §356.2112, Texas Department of Family and Protective Services’ (DFPS) Child Care Permit, deletes the rule as no longer necessary because the content of the rule has been added to proposed new §356.2112.
The proposed repeal of §356.2113, Legal Assistance Services, deletes the rule as no longer necessary because Texas Human Resources Code Chapter 51 created a new category of services to include advocacy focused on civil and criminal legal systems, which has been added in the proposed amendment of §356.701, Shelter Center Services.
The proposed repeal of §356.2114, Training and Employment Services, deletes the rule as no longer necessary, because Texas Human Resources Code Chapter 51 no longer requires centers to provide information about training for and seeking employment.
Amending 26 TAC §356.2201, to require HHSC to create and maintain a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist those victims in obtaining services.
CHAPTER 356. FAMILY VIOLENCE PROGRAM
SUBCHAPTER E. WRITTEN NOTICE TO VICTIMS
26 TAC §356.2201
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes amendments to §§356.1, 356.101, 356.102, 356.103, 356.104, 356.201, 356.202, 356.203, 356.204, 356.205, 356.206; 356.301, 356.302, 356.401, 356.402, 356.403, 356.405, 356.501, 356.503, 356.504, 356.505, 356.506, 356.507, 356.510, 356.601, 356.602, 356.604, 356.606, 356.607, 356.609, 356.610, 356.611, 356.612, 356.613, 356.614, 356.615, 356.616, 356.617, 356.618, 356.619, 356.620, 356.621, 356.623, 356.626, 356.627, 356.629, 356.631, 356.635, 356.701, 356.702, 356.703, 356.704, 356.706, 356.707, 356.708, 356.709, 356.711, 356.713, 356.714, 356.718, 356.803, 356.901, 356.902, 356.1001, 356.1002, 356.1101, 356.1102, 356.1103, 356.1105, 356.1201, 356.1202, 356.1301, 356.1302, 356.1304, 356.1306, 356.1308, 356.1309, 356.1310, 356.1311, 356.1312, 356.1313, 356.1315, 356.1316, 356.1317, 356.1318, 356.1319, 356.1321, 356.1402, 356.1403, 356.1405, 356.1501, 356.1502, 356.1503, 356.1504, 356.1602, 356.1604, 356.1605, 356.1701, 356.1702, 356.1801, 356.1802, 356.1803, 356.1805, 356.1901, 356.1902, 356.1903, 356.2001, 356.2002, 356.2004, 356.2006, 356.2007, 356.2009, 356.2010, 356.2011, 356.2012, 356.2013, 356.2014, 356.2015, 356.2016, 356.2017, 356.2018, 356.2019, 356.2021, 356.2024, 356.2026, 356.2029, 356.2033, 356.2101, 356.2102, 356.2103, 356.2105, 356.2106, 356.2108; 356.2110; new 356.208, 356.303, 356.603 356.636, 356.637, 356.705, 356.710, 356.716, 356.719, 356.720, 356.1003, 356.1303, 356.1324, 356.1325, 356.1401, 356.1404, 356.1408, 356.1409, 356.1703, 356.2003, 356.2034, 356.2035, 356.2104, 356.2107, 356.2112, 356.2114, 356.2115, 356.2201, and the repeal of §§356.207, 356.406, 356.407, 356.408, 356.508, 356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633, 356.705, 356.710, 356.712, 356.716, 356.717, 356.719, 356.1303, 356.1314, 356.1320, 356.1322, 356.1401, 356.1404, 356.1406, 356.1408, 356.1806, 356.1807, 356.2003, 356.2020, 356.2022, 356.2028, 356.2030, 356.2031, 356.2104, 356.2107, 356.2109, 356.2112, 356.2113, and 356.2114.
BACKGROUND AND PURPOSE
The purpose of the proposal is to ensure that the rules in Title 26 of the Texas Administrative Code (TAC) Chapter 356 comply with changes to state and federal laws and regulations. Another purpose is to clarify and improve the rules to be more survivor-centered, trauma-informed, and accessible. The proposal will enable Family Violence Program (FVP) providers to better serve survivors of family violence and their children across the state and improve confidential and privileged communications in response to statutory changes.
Specifically, the proposal implements changes made to the Code of Federal Regulations, Title 45 (45 CFR), Part 1370, on November 2, 2016; as well as changes to Texas Human Resources Code, Chapter 51, made by Senate Bill 1841, 88th Legislature, Regular Session, 2023; Texas Human Resources Code, Chapter 51A, created by Senate Bill 1325, 88th Legislature, Regular Session, 2023; and Texas Family Code, Chapter 93, created by House Bill 3649, 85th Legislature, Regular Session, 2017.
45 CFR Part 1370 ensures that rules pertaining to the administration of the Family Violence Prevention and Services Act (FVPSA) meet statutory requirements and best practices. These updates in the proposed rules include training provisions, trauma-informed and survivor-centered service regulations, and increases access to services for survivors from underserved populations.
Texas Human Resources Code Chapter 51 promotes development of and access to locally based and supported nonprofit services for victims of family violence throughout the state. These updates in the proposed rules add definitions, change the minimum required services for contracting with the FVP, and require FVP centers to demonstrate the use of a voluntary and trauma-informed advocacy service model. These updates also add the new requirement in Chapter 51A requiring HHSC to adopt a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist victims in obtaining services.
Texas Family Code Chapter 93 establishes a victim-advocate privilege that victims and certain other parties may invoke to refuse to disclose and to prevent another from disclosing a confidential communication between the victim and family violence center trained advocates.
Additionally, the proposal updates child care rule references as a result of the administrative transfer of chapters from 40 TAC Chapters 743, 745, and 746 to 26 TAC Chapters 743, 745, and 746 in May 2018, July 2019, and March 2018, respectively.
SECTION-BY-SECTION SUMMARY
Proposed new §356.2201, Written Notice, requires HHSC to create and maintain a written notice to be provided to victims of family violence, stalking, harassment, or terroristic threat to assist those victims in obtaining services. The proposed new rule outlines the requirements of the creation and availability of the notice.
Amending 26 TAC §370.456, to prohibit CHIP provider discrimination based on the CHIP members’ vaccination status.
CHAPTER 370. STATE CHILDREN’S HEALTH INSURANCE PROGRAM
SUBCHAPTER E. PROVIDER REQUIREMENTS
26 TAC §370.456
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §370.456, concerning Prohibition of Provider Discrimination Based on Immunization Status.
BACKGROUND AND PURPOSE
The proposal is necessary to implement Texas Government Code §531.02119, added by House Bill 44, 88th Legislature, Regular Session, 2023, which requires HHSC to adopt rules necessary to prohibit Medicaid and Children’s Health Insurance Program (CHIP) providers from discriminating against Medicaid recipients or CHIP members by refusing to provide health care services based solely on immunization status.
Texas Government Code §531.02119 outlines the requirements for the prohibition of discrimination based on immunization status, exceptions to this prohibition, requires HHSC to withhold payment from providers that violate the requirements until HHSC finds the provider is in compliance, and requires HHSC to establish administrative and judicial reviews for providers who are alleged to be in violation.
SECTION-BY-SECTION SUMMARY
Proposed new §370.456 prohibits CHIP provider discrimination of CHIP members based solely on the member’s vaccination status. Specifically, the proposed rule (1) contains the express prohibition of discrimination based on vaccination status dictated by Texas Government Code §531.02119; (2) outlines the types of requests CHIP providers must accept for CHIP members who are seeking to be exempt from a provider’s vaccination requirement policy; (3) contains a list of providers exempt from these requirements; (4) outlines when HHSC will withhold payment from a provider found to be noncompliant and when HHSC may not withhold a payment; and (5) establishes the right of a provider to seek administrative and judicial review of an HHSC decision to withhold payment.
Adopted Rules Re:
Adopting 1 TAC §371.1721, to describe OIG inspection procedures concerning record requests, inspection processes, notices, final reports, and due process.
CHAPTER 371. MEDICAID AND OTHER HEALTH AND HUMAN SERVICES FRAUD AND ABUSE PROGRAM INTEGRITY
SUBCHAPTER G. ADMINISTRATIVE ACTIONS AND SANCTIONS
1 TAC §371.1721
OVERVIEW
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC), on behalf of the Office of Inspector General (OIG), adopts in the Texas Administrative Code (TAC), Title 1, Part 15, Chapter 371, Subchapter G, Division 3, new §371.1721, concerning Recoupment of Overpayments Identified by Inspection.
New §371.1721 is adopted without changes to the proposed text as published in the June 14, 2024, issue of the Texas Register (49 TexReg 4119). This rule will not be republished.
BACKGROUND AND JUSTIFICATION
New §371.1721 describes OIG’s inspection procedures related to records requests, inspection processes, notices, final reports, and due process.
Texas Government Code §531.102 authorizes OIG to conduct inspections related to the provision and delivery of all health and human services in Texas to identify fraud, waste, or abuse.
Adopting 26 TAC §260.5, §260.7, to add and define terms used in the amended rules and renumber the paragraphs, as well as add “employment readiness” in subsection (c) to the list of services offered in the DBMD.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER A. DEFINITIONS, DESCRIPTION OF SERVICES, AND EXCLUDED SERVICES
26 TAC §260.5, §260.7
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §260.5, concerning Definitions; §260.7, concerning Descriptions of DBMD Program and CFC; §260.59, concerning Requirements for Home and Community-Based Settings; §260.203, concerning Qualifications of Program Provider Staff; §260.205, concerning Training; §260.341, concerning Employment Services; and §260.357, concerning Non-Billable Time and Activities.
The amendments to §260.5, §260.203 and §260.341 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5686). These rules will be republished.
The amendments to §260.7, §260.59, §260.205, and §260.357 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5686). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Deaf Blind with Multiple Disabilities (DBMD) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §260.59, to require a program provider to ensure that employment readiness is not provided in the residence of an individual or another person; ensure that an individual has control over the individual’s schedule and activities; food; and visitors of the individual’s choosing at any time; and ensure that the location is physically accessible and free of hazards.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
26 TAC §260.59
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §260.5, concerning Definitions; §260.7, concerning Descriptions of DBMD Program and CFC; §260.59, concerning Requirements for Home and Community-Based Settings; §260.203, concerning Qualifications of Program Provider Staff; §260.205, concerning Training; §260.341, concerning Employment Services; and §260.357, concerning Non-Billable Time and Activities.
The amendments to §260.5, §260.203 and §260.341 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5686). These rules will be republished.
The amendments to §260.7, §260.59, §260.205, and §260.357 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5686). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Deaf Blind with Multiple Disabilities (DBMD) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §260.203, §260.205, to add qualifications for a service provider of employment readiness and renumber the remaining subsections, as well as add the employment readiness in subsection (c)(1) and (3)(A), subsection (f)(1)(B) and (C); and subsection (g) to set forth the training requirements for a service provider of employment readiness.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER D. ADDITIONAL PROGRAM PROVIDER PROVISIONS
26 TAC §260.203, §260.205
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §260.5, concerning Definitions; §260.7, concerning Descriptions of DBMD Program and CFC; §260.59, concerning Requirements for Home and Community-Based Settings; §260.203, concerning Qualifications of Program Provider Staff; §260.205, concerning Training; §260.341, concerning Employment Services; and §260.357, concerning Non-Billable Time and Activities.
The amendments to §260.5, §260.203 and §260.341 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5686). These rules will be republished.
The amendments to §260.7, §260.59, §260.205, and §260.357 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5686). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Deaf Blind with Multiple Disabilities (DBMD) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §260.341, to describe employment readiness.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER F. SERVICE DESCRIPTIONS AND REQUIREMENTS
26 TAC §260.341
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §260.5, concerning Definitions; §260.7, concerning Descriptions of DBMD Program and CFC; §260.59, concerning Requirements for Home and Community-Based Settings; §260.203, concerning Qualifications of Program Provider Staff; §260.205, concerning Training; §260.341, concerning Employment Services; and §260.357, concerning Non-Billable Time and Activities.
The amendments to §260.5, §260.203 and §260.341 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5686). These rules will be republished.
The amendments to §260.7, §260.59, §260.205, and §260.357 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5686). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Deaf Blind with Multiple Disabilities (DBMD) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §260.357, to add employment readiness in paragraph (8) to exclude employment readiness as a nonbillable activity for travel to and from an individual’s residence.
CHAPTER 260. DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER F. SERVICE DESCRIPTIONS AND REQUIREMENTS
26 TAC §260.357
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §260.5, concerning Definitions; §260.7, concerning Descriptions of DBMD Program and CFC; §260.59, concerning Requirements for Home and Community-Based Settings; §260.203, concerning Qualifications of Program Provider Staff; §260.205, concerning Training; §260.341, concerning Employment Services; and §260.357, concerning Non-Billable Time and Activities.
The amendments to §260.5, §260.203 and §260.341 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5686). These rules will be republished.
The amendments to §260.7, §260.59, §260.205, and §260.357 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5686). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Deaf Blind with Multiple Disabilities (DBMD) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §262.3, §262.5, to add and define the terms “group setting” and “job task-oriented,” as well as renumber the subsection.
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §262.3, §262.5
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
The amendments to §262.3, §262.5, §262.103, §262.401, and §262.701 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will be republished.
The amendments to §262.202, §262.301, and §262.304 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Texas Home Living (TxHmL) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §262.103, to add employment readiness to the array of TxHmL Program services that may require the individual’s initial individual plan of care (IPC) to include a sufficient amount of registered nursing units for the program provider’s registered nurse to perform a comprehensive nursing assessment.
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
26 TAC §262.103
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
The amendments to §262.3, §262.5, §262.103, §262.401, and §262.701 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will be republished.
The amendments to §262.202, §262.301, and §262.304 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Texas Home Living (TxHmL) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §262.202, to require a program provider to ensure that an individual has control over the individual’s schedule and activities, food, and visitors of the individual’s choosing at any time, is physically accessible, and is free of hazards.
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER C. PERSON-CENTERED PLANNING AND SERVICE SETTINGS
26 TAC §262.202
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
The amendments to §262.3, §262.5, §262.103, §262.401, and §262.701 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will be republished.
The amendments to §262.202, §262.301, and §262.304 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Texas Home Living (TxHmL) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER D. DEVELOPMENT AND REVIEW OF AN IPC
26 TAC §262.301, §262.304
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
The amendments to §262.3, §262.5, §262.103, §262.401, and §262.701 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will be republished.
The amendments to §262.202, §262.301, and §262.304 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Texas Home Living (TxHmL) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §262.401, to add employment readiness to the array of TxHmL services that pay in accordance with the reimbursement rate for the service.
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER E. REIMBURSEMENT BY HHSC
26 TAC §262.401
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
The amendments to §262.3, §262.5, §262.103, §262.401, and §262.701 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will be republished.
The amendments to §262.202, §262.301, and §262.304 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Texas Home Living (TxHmL) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §262.701, to add employment readiness to the array of TxHmL services that require the service coordinator to inform the individual or LAR of the consequences and risks of refusing the comprehensive nursing assessments.
CHAPTER 262. TEXAS HOME LIVING (TxHmL) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER H. LIDDA REQUIREMENTS
26 TAC §262.701
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §262.3, concerning Definitions; §262.5, concerning Description of TxHmL Program Services; §262.103, Process for Enrollment of Applicants; §262.202, concerning Requirements for Home and Community-Based Settings; §262.301, concerning IPC Requirements; §262.304, concerning Service Limits; §262.401, concerning Program Provider Reimbursement; and §262.701, concerning LIDDA Requirements for Providing Service Coordination in the TxHmL Program.
The amendments to §262.3, §262.5, §262.103, §262.401, and §262.701 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will be republished.
The amendments to §262.202, §262.301, and §262.304 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5704). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Texas Home Living (TxHmL) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §263.3, §263.5, to define the terms “group setting” and “job-task-oriented,” describe employment readiness, as well as renumber the paragraphs in the rule.
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER A. GENERAL PROVISIONS
26 TAC §263.3, §263.5
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
The amendments to §263.3, §263.5, §263.104, §263.601, and §263.901 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). This rule will be republished.
The amendments to §263.301, §263.304, and §263.501 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §263.104, to add employment readiness to the array of HCS Program services that may require the individual’s initial individual plan of care (IPC) to include a sufficient amount of registered nursing units to perform a comprehensive nursing assessment.
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER B. ELIGIBILITY, ENROLLMENT, AND REVIEW
26 TAC §263.104
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
The amendments to §263.3, §263.5, §263.104, §263.601, and §263.901 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). This rule will be republished.
The amendments to §263.301, §263.304, and §263.501 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER D. DEVELOPMENT AND REVIEW OF AN IPC
26 TAC §263.301, §263.304
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
The amendments to §263.3, §263.5, §263.104, §263.601, and §263.901 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). This rule will be republished.
The amendments to §263.301, §263.304, and §263.501 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §263.501, to require a program provider to ensure that a group setting allows an individual to control the individual’s own schedule and activities, have access to the individual’s food at any time, and receive visitors of the individual’s choosing at any time, as well as ensure a group setting is physically accessible and free of hazards.
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER F. REQUIREMENTS FOR SERVICE SETTINGS AND PROGRAM PROVIDER OWNED OR CONTROLLED RESIDENTIAL SETTINGS
26 TAC §263.501
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
The amendments to §263.3, §263.5, §263.104, §263.601, and §263.901 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). This rule will be republished.
The amendments to §263.301, §263.304, and §263.501 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §263.601, to add employment readiness to the array of HSC Program services that HHSC pays in accordance with the individual’s LON and reimbursement rate for the service.
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER G. REIMBURSEMENT BY HHSC
26 TAC §263.601
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
The amendments to §263.3, §263.5, §263.104, §263.601, and §263.901 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). This rule will be republished.
The amendments to §263.301, §263.304, and §263.501 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
Adopting 26 TAC §263.901, to require a service coordinator to update an individual’s person-directed plan if a modification to a service provided in a group setting is needed as well as add employment readiness to the array of HCS services that require the service coordinator to inform the individual or LAR of the consequences and risks of refusing the comprehensive nursing assessment.
CHAPTER 263. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER J. LIDDA REQUIREMENTS
26 TAC §263.901
OVERVIEW
The Texas Health and Human Services Commission (HHSC) adopts amendments to §263.3, concerning Definitions; §263.5, concerning Description of HCS Program Services; §263.104, concerning Process for Enrollment of Applicants; §263.301, concerning IPC Requirements; §263.304, concerning Service Limits; §263.501, concerning Requirements for Home and Community-Based Settings; §263.601, concerning Program Provider Reimbursement; and §263.901, concerning LIDDA Requirements for Providing Service Coordination in the HCS Program.
The amendments to §263.3, §263.5, §263.104, §263.601, and §263.901 are adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). This rule will be republished.
The amendments to §263.301, §263.304, and §263.501 are adopted without changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5721). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The adopted amendments are necessary to implement Texas Human Resources Code §32.0755, added by House Bill (H.B.) 4169, 88th Legislature, Regular Session, 2023. The adopted amendments implement a service similar to prevocational services, named employment readiness, in the Home and Community-based Services (HCS) Program, one of HHSC’s §1915(c) Medicaid waiver programs.
In Addition Re:
Public Notice: Texas State Plan Amendment
The Texas Health and Human Services Commission (HHSC) announces its intent to submit transmittal number 24-0033 to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act.
Texas State Board of Pharmacy
Proposed Rule Reviews Re:
Reviewing Title 22, Part 15, to consider for readoption, revision, or repeal of the chapter concerning Pharmacies.
OVERVIEW
The Texas State Board of Pharmacy files this notice of intent to review Chapter 291, Subchapter G (§§291.120, 291.121, 291.123, 291.125, 291.127, 291.129, 291.131, 291.133), concerning Pharmacies (Services Provided by Pharmacies), pursuant to Texas Government Code §2001.039, regarding Agency Review of Existing Rules.