Proposed Rules Title 26

TITLE 26. HEALTH AND HUMAN SERVICES

PART 1. HEALTH AND HUMAN SERVICES COMMISSION

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.

Proposed new Subchapter A, Purpose, Definitions, and Establishment of Ombudsman Programs, contains the rules listed below.

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.

Proposed new Subchapter B, Provisions Common to All Ombudsman Programs, contains the rules listed below.

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.

Proposed new Subchapter C, Provisions Directing HHSC and DFPS, contains the rules listed below.

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.

Proposed new Subchapter D, Ombudsman for Managed Care Assistance, contains the rule listed below.

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.

Proposed new Subchapter E, Ombudsman for Children and Youth in Foster Care, contains the rule listed below.

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.

Proposed new Subchapter F, Ombudsman for Behavioral Health Access to Care, contains the rules listed below.

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.

Proposed new Subchapter G, Ombudsman for Individuals with an Intellectual or Developmental Disability (IDD), contains the rule listed below.

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.

FISCAL NOTE

Trey Wood, Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

HHSC has determined that during the first five years that the rules will be in effect:

(1) the proposed rules will not create or eliminate a government program;

(2) implementation of the proposed rules will not affect the number of HHSC employee positions;

(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;

(4) the proposed rules will not affect fees paid to HHSC;

(5) the proposed rules will create new regulations;

(6) the proposed rules will expand and repeal existing regulations;

(7) the proposed rules will not change the number of individuals subject to the rules; and

(8) the proposed rules will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities since the rules do not apply to small businesses, micro-businesses, or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed rules will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these rules because the rules are necessary to protect the health, safety, and welfare of the residents of Texas; do not impose a cost on regulated persons; and are necessary to implement legislation that does not specifically state that §2001.0045 applies to the rules.

PUBLIC BENEFIT AND COSTS

Joel Schwartz, HHS Ombudsman, has determined that for each year of the first five years the rules are in effect, the public benefit will be a more complete understanding of the HHS consumer complaint process and the role of the HHS Office of the Ombudsman.

Trey Wood has also determined that for the first five years the rule is in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rule because there is no cost to access Ombudsman services.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to the owner's property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal may be submitted to HHS Office of the Ombudsman, P.O. Box 13247, Mail Code H-700, Austin, Texas 78711-3247, or street address 4900 North Lamar Boulevard, Austin, Texas 78751; or by e-mail to Ombudsman_Rules@hhs.texas.gov.

To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R012" in the subject line.

SUBCHAPTER A. PURPOSE, DEFINITIONS, AND ESTABLISHMENT OF OMBUDSMAN PROGRAMS

26 TAC §§87.1, 87.3, 87.5, 87.7

STATUTORY AUTHORITY

The new sections are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.

The new sections implement Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.1.Purpose.

The purpose of this chapter is to implement HHSC ombudsman programs, as established by Texas Government Code, Title 4, Chapter 531, Subchapter Y.

§87.3.Definitions.

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise.

(1) AMH--Adult Mental Health program. The home and community-based services adult mental health program, operated under a Texas Medicaid state plan amendment and 26 Texas Administrative Code Chapter 307, Subchapter B (relating to Home and Community-Based Services--Adult Mental Health Program).

(2) Compact with Texans--A document that describes the Texas Health and Human Services Commission's services, principles, and process for filing complaints and requesting information.

(3) Complaint--Any expression of dissatisfaction by a consumer of an HHS program or service about HHS benefits or services. Complaints do not include the following, which are handled through other processes:

(A) allegations of abuse, neglect, or exploitation;

(B) allegations of discrimination or other civil rights violations;

(D) requests for Fair Hearings or administrative appeals; or

(E) concerns about regulated individuals and entities.

(4) Consumer--An applicant or a client of HHS programs, as well as a member of the public seeking information about HHS programs.

(5) Contact--A written or oral inquiry or complaint from a consumer, individual, or LAR about HHS programs or services.

(6) DFPS--Texas Department of Family and Protective Services. The state agency established by Texas Human Resources Code Chapter 40 and responsible for administration of Child Protective Services.

(7) Dispute resolution services--An independent and impartial review of a program's actions regarding an HHS consumer complaint that has not been resolved to the consumer's satisfaction.

(8) FCO--Foster Care Ombudsman. The Ombudsman for Children and Youth in Foster Care.

(9) HCS--The Home and Community-based Services Program. A program operated by HHSC in accordance with §1915(c) of the Social Security Act.

(10) Health care provider--A physician, pharmacist, or other licensed provider who is authorized under state law to provide health care services, or a credentialed professional who provides behavioral health, mental health, or substance use disorder services.

(11) HHS--Texas Health and Human Services. The system for providing or otherwise administering health and human services in this state established in Texas Government Code Chapter 521, comprised of HHSC and the Texas Department of State Health Services.

(12) HHSC--Texas Health and Human Services Commission. The agency established by Texas Government Code Chapter 523.

(13) IDD--Intellectual or developmental disability.

(14) IDDO--The Ombudsman for individuals with an intellectual or developmental disability.

(15) Individual--A person seeking or receiving IDD services.

(16) Inquiry--A request by a consumer, individual, or LAR for information about HHS programs or services.

(17) LAR--Legally authorized representative. A person legally authorized to act on behalf of an individual with regard to a matter described in this chapter, and may include a parent, guardian, or managing conservator of a minor, or the guardian of an adult.

(18) LBHA--Local behavioral health authority. An entity designated as the local behavioral health authority in accordance with Texas Health and Safety Code §533.0356(a).

(19) LIDDA--Local intellectual and developmental disability authority. An entity designated as the local intellectual and developmental disability authority in accordance with Texas Health and Safety Code §533A.035(a).

(20) LMHA--Local mental health authority. An entity designated as the local mental health authority in accordance with Texas Health and Safety Code §533.035(a).

(21) MCO--Managed care organization. An entity contracted with HHSC to provide health care services in a Medicaid managed care program.

(22) OBH--Ombudsman for Behavioral Health Access to Care.

(23) OO--Office of the Ombudsman. The HHSC office with authority and responsibility over the HHS system in performing ombudsman functions.

(24) Ombudsman program--An ombudsman program administered by HHSC as established by Texas Government Code §531.9912.

(25) OMCAT--Ombudsman Managed Care Assistance Team.

(26) Parity--The requirement outlined in Texas Insurance Code, Chapter 1355, Subchapter F that a health benefit plan provide benefits and coverage for mental health conditions and substance use disorders under the same terms and conditions applicable to the plan's medical and surgical benefits and coverage.

(27) Program provider--A person who has a contract with HHSC to provide HCS or TxHmL services.

(28) Retaliation--A harmful action taken because of, or substantially motivated by, reprisal or revenge in response to a legally protected activity, such as making a good faith complaint.

(29) State hospital--A state mental health facility operated by HHSC.

(30) Substantiated complaint--A complaint for which research clearly indicates HHS policy was violated or HHS expectations were not met.

(31) TxHmL--The Texas Home Living Program. A program operated by HHSC in accordance with §1915(c) of the Social Security Act.

(32) Unable to substantiate a complaint--A complaint for which research does not clearly indicate if HHS policy was violated or HHS expectations were met or not met.

(33) Unsubstantiated complaint--A complaint for which research clearly indicates HHS policy was not violated or HHS expectations were met.

(34) Youth--Children and youth in the conservatorship of DFPS, which ends at age 18.

§87.5.Establishment of Ombudsman Programs and Appointment of Ombudsman.

(a) Texas Government Code §531.9912 requires the following programs to be established by the HHSC executive commissioner:

(1) the HHS office of the ombudsman in accordance with Texas Government Code §531.9915;

(2) the ombudsman for children and youth in foster care in accordance with Texas Government Code §531.9931;

(3) the ombudsman for managed care assistance in accordance with Texas Government Code §531.9932;

(4) the ombudsman for behavioral health access to care in accordance with Texas Government Code §531.9933; and

(5) the ombudsman for individuals with an intellectual or developmental disability in accordance with Texas Government Code §531.9934.

(b) The HHSC executive commissioner appoints an ombudsman for each ombudsman program to serve at the will of the HHSC executive commissioner.

§87.7.Conflict of Interest.

A person is prohibited from serving as ombudsman in an ombudsman program if the person or the person's spouse has a conflict as defined by Texas Government Code §531.9921.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405854

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

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

STATUTORY AUTHORITY

The new sections implement Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.15.Creation of the Office and Ombudsman Standards.

(a) OO is established by Texas Government Code §531.9912 in accordance with Texas Government Code §531.9915.

(1) OO has authority and responsibility over the HHS system in:

(A) providing dispute resolution services;

(B) performing consumer protection and advocacy functions; and

(2) OO is responsible for a standard process for tracking and reporting consumer and individual contacts within the HHS system, including centralized tracking of consumer and individual contacts submitted to field, regional, or other local offices.

(b) HHSC Compact with Texans outlines customer service principles and standards, including a complaint process for consumers and individuals. As part of that process, a consumer is directed to first contact the HHS program for which they have an inquiry or a complaint. If the concern is not resolved to the consumer's satisfaction, the consumer is directed to contact OO. In accordance with HHSC Compact with Texans, OO is committed to providing high quality services in a professional and ethical manner.

(c) In accordance with Texas Government Code §531.9915(b), OO does not have authority to process case actions or overturn HHS program decisions. OO staff also cannot give legal advice.

(d) OO strives to adhere to the United States Ombudsman Association's government ombudsman standards by:

(1) maintaining independence from HHS programs through an organizational structure that has OO report to the HHSC executive commissioner through a separate chain of command from program staff;

(2) remaining impartial by receiving and reviewing each contact in an objective and fair manner, free from bias, and treating all parties without favor or prejudice;

(3) maintaining discretion to keep confidential or release information related to a contact or a complaint investigation, if authorized by a consumer, individual, or LAR to do so; and

(4) providing a credible review process by performing responsibilities in a manner that engenders respect, confidence, and accessibility to all consumers, individuals, and LARs.

(e) The Office of the State Long-term Care Ombudsman is affiliated with the OO. This office is authorized by Texas Human Resources Code Chapter 101a, Subchapter F; 42 United States Code 3058f and 3058g; and 45 Code of Federal Regulations Part 1324. Its purpose is to protect the health, safety, welfare, and rights of people living in nursing facilities and assisted living facilities. Administrative rules for this program can be found in 26 Texas Administrative Code Chapter 88 (relating to State Long-term Care Ombudsman Program). The rules in this chapter do not apply to the State Long-term Care Ombudsman program.

§87.17.Data and Reports.

(a) Data.

(1) OO staff maintain records of inquiries and complaints in the OO primary recordkeeping system.

(2) In accordance with Texas Government Code §531.995, HHSC and DFPS must provide an ombudsman access to the records that relate to a complaint the ombudsman is reviewing or investigating.

(b) Agency Monthly Contact Report (AMCR). In accordance with Texas Government Code §531.9915(d), OO staff compile a monthly report of consumer, individual, and LAR contacts received by HHS programs, including those received by vendors contracted to provide services on behalf of an HHS program. OO submits this report to the HHSC executive commissioner and designated program management staff across the HHS agencies on a periodic basis. OO staff may also provide reporting of program-specific contact data to management teams of HHS programs.

(1) Each ombudsman must prepare an annual report in accordance with Texas Government Code §531.998.

(2) No later than December 1 of each year the report must be submitted to the governor, the lieutenant governor, the relevant standing committees of the legislature, each member of the legislature, and the HHSC executive commissioner.

(3) The report must be publicly available on the HHSC website.

§87.19.Duties and Statewide Procedures.

(a) An ombudsman serves as an impartial party in assisting persons, including children and youth in DFPS conservatorship, with complaints regarding issues or case-specific activities within the authority and programs of HHSC and DFPS. Each ombudsman has the same duties and procedures.

(b) Statewide procedures. Texas Government Code §531.993(b) requires an ombudsman to develop and implement procedures to:

(1) receive and review complaints and take appropriate action, including:

(A) investigate individual complaints that allege violations of HHSC or DFPS procedures or policies or other violations; and

(B) refer any trends or systemic issues identified in complaints to HHSC or DFPS for resolution;

(2) assist persons, including children and youth in DFPS conservatorship, in making complaints and reporting allegations of abuse, neglect, or exploitation under Texas Human Resources Code Chapter 48;

(3) maintain the confidentiality of an ombudsman's communications and records, records of another person that have been provided to an ombudsman, and communications of another person with an ombudsman; and

(4) inform a person who files a complaint of the results of the ombudsman's investigation of the complaint, including whether the complaint was substantiated, and any corrective action recommended.

(1) collaborate with HHSC to develop and implement an annual outreach plan to promote awareness of ombudsman programs; the plan must include how an ombudsman may be contacted, the purpose of an ombudsman, and the services an ombudsman provides; and

(2) collaborate with HHSC or DFPS to identify consequences for any retaliatory action related to a complaint filed with an ombudsman, in accordance with Texas Government Code §531.997.

(d) Final determination report; corrective action. An ombudsman, HHSC, and DFPS have the following duties related to the final determination of a complaint and recommended corrective actions:

(1) an ombudsman, in accordance with Texas Government Code §531.993(b) and (c), must:

(A) issue and file with HHSC or DFPS, a report containing an ombudsman's final determination regarding a complaint and any recommended corrective actions;

(B) include a determination in the report of whether there was wrongdoing or negligence by HHSC or DFPS or the complaint was frivolous or without merit; and

(2) HHSC and DFPS, in accordance with Texas Government Code §531.993(c-1), are required to provide written notice to an ombudsman on whether a recommended corrective action was adopted or rejected. If rejected, HHSC or DFPS must include in the notice the reason for the rejection.

(e) Additional duties. In accordance with Texas Government Code §531.993:

(1) an ombudsman must establish a secure form of communication with any person who files a complaint; and

(2) an ombudsman may attend any judicial proceeding related to a complaint filed with the ombudsman program.

§87.21.Investigation of Unreported Complaints.

In accordance with Texas Government Code §531.994, if an ombudsman discovers unreported violations of HHSC or DFPS rules and policies during the investigation of a complaint, the ombudsman must open a new investigation for each unreported violation.

§87.23.Confidentiality and Communications Related to Complaints.

(a) Confidentiality Requirements. In accordance with Texas Government Code §531.996, and §87.19(b)(3) and (e)(1) of this chapter (relating to Duties and Statewide Procedures):

(1) a person may communicate with an ombudsman relating to a complaint by telephone, mail, electronic mail, or any other means the ombudsman determines to be feasible, secure, and accessible;

(2) the records of an ombudsman relating to a complaint are confidential;

(3) communications with an ombudsman are confidential both during and after an investigation or review of a complaint;

(4) the disclosure of confidential information to an ombudsman does not constitute a waiver of confidentiality; any information disclosed remains confidential and privileged following disclosure;

(5) an ombudsman may communicate with HHSC or DFPS regarding confidential information disclosed to the ombudsman; and

(6) an ombudsman may make reports relating to an investigation of a complaint public after the complaint is resolved; a report may not include information that identifies an individual complainant, client, parent, employee, or any other person involved in the complaint.

(b) Complaint Communications Process.

(1) Except as noted in paragraph (3) of this subsection, before sharing complaint-related information, OO staff verify the identity of the person receiving the information and only share the information with the consumer or individual applying for or receiving services, their LAR, and staff within HHS and DFPS involved in the review of the complaint. With the consent of the consumer or individual or their LAR, OO staff may share complaint information with other appropriate parties who can assist with the issue.

(2) OO staff follow the HHSC policies relating to transmission of complaint data, including use of secure email to encrypt messages that contain an individual's confidential information or protected health information.

(3) In certain instances, state and federal laws and rules and regulations may authorize or require OO staff to contact vendors contracted to provide services on behalf of an agency program and share complaint information with them to address a complaint, without obtaining explicit permission of the individual or their LAR. This is especially relevant for individuals who may be unable to communicate.

§87.25.Contact Information.

(a) The OO maintains a public website with information on how to contact the office via phone, online, fax, and mail. The OO develops brochures and other materials that can be distributed to consumers and healthcare providers. Contact information and materials for distribution are also maintained for each ombudsman program listed in §87.3 of this chapter (relating to Definitions).

(b) Each HHS office that provides direct service delivery of programs or services offers a process to a consumer or individual to submit complaints and advises the consumer or individual how to contact OO staff if that office does not resolve the complaint to the consumer's satisfaction. These HHS programs ensure OO contact information is provided on appropriate web pages and in written materials and is available upon request in local offices. This includes communications made to a consumer by a vendor contracted to provide services on behalf of an HHS program.

(c) All residential child-care facilities in which foster youth are placed must display FCO contact information in a location that is easily accessible and offers maximum privacy to the youth. A youth may also contact an FCO in person when FCO staff present to youth in events organized by DFPS or when visiting a residential treatment center or hospital where a youth is placed.

(d) The OBH toll-free number is published in consumer rights handbooks made available at all service locations at state hospitals or LBHAs or LMHAs. Consumers at these facilities also have a right to have all their rights explained verbally--including the right to complain to OBH--within 24 hours of admission.

(e) A LIDDA must post the IDDO toll-free number conspicuously in every program area. IDDO publishes handbooks describing the rights of individuals with IDD, including the right to contact IDDO. HCS and TxHmL program providers, and LIDDAs must inform individuals of their right to complain to IDDO and provide the IDDO toll-free number.

(f) Each MCO must include OMCAT contact information on its member website and in member handbooks.

§87.27.Referrals to Other HHS Offices or Other Entities.

(a) OO staff may refer a consumer to the appropriate program area within HHS or DFPS or the appropriate contractor for HHS services if the consumer has not yet attempted to resolve their issue with that HHS or DFPS program or contractor before contacting the OO.

(b) OO staff may refer a consumer or individual to a resource outside the HHS system if the consumer's or individual's issue does not fall within the jurisdiction of HHS.

(c) If a person, other than a youth in foster care or the court-appointed attorney for a youth who is not able to verbalize their concerns, contacts FCO, that person will be referred to the appropriate area for assistance.

(d) If a youth contacts FCO with a complaint that is outside of the scope of FCO's ability to assist, the FCO will offer resources to assist with the issue.

(e) Residents of state supported living centers (SSLCs) or their LARs are referred to the Office of the Independent Ombudsman for SSLCs established by Texas Health and Safety Code, Chapter 555, Subchapter C.

(f) OO staff may refer a consumer, or the consumer's LAR, in the child health plan with a grievance related to health plan providers to the Texas Department of Insurance in accordance with Texas Health and Safety Code, Chapter 62.

(g) All allegations of abuse, neglect, or exploitation are immediately referred to the appropriate entity. OO will always inform a complainant who makes allegations of abuse or neglect that the referral is being made.

§87.29.Intake of Contacts.

(a) An ombudsman must give emphasis to assisting a person with an urgent or immediate medical or support need.

(b) A contact received through an online submission is automatically and immediately loaded in the OO primary recordkeeping system and assigned to appropriate OO staff for action.

(c) A contact received by postal mail, fax, or email is uploaded to the primary recordkeeping system and assigned to appropriate OO staff for action within one business day of receipt.

(d) A call received by OO staff is immediately entered in the primary recordkeeping system.

(e) OO publishes on its website a list of commitments OO staff makes to ensure cases are dealt with fairly, efficiently, and effectively. The list also includes commitments OO asks of consumers and LARs to ensure the same objective. Consumers and LARs may hear a verbal summary of the list or receive a written copy.

(f) OO staff use HHSC contracted vendors to provide language interpretation services, when necessary.

(g) When FCO meet a youth in person who has an inquiry or a complaint, they enter the contact in the primary recordkeeping system on the first business day after they return to the FCO office.

(h) When FCO receive calls that include information that give FCO staff reason to suspect abuse or neglect, calls are transferred to the Texas Abuse Hotline operated by DFPS Statewide Intake (SWI). FCO staff assist the youth in making a report. Online reports can be made when hold times warrant.

(i) When FCO receive written submissions that include information that gives FCO reason to suspect abuse or neglect, FCO staff attempt to communicate with the youth by phone. If FCO staff are not able to speak with the youth by phone within one business day, FCO staff report the suspected abuse or neglect by calling SWI. Online reports can be made when hold times warrant.

§87.31.Investigation of Complaints.

(a) OO staff review all relevant information through inquiry into agency program systems.

(b) Each complaint is investigated to determine if agency policy was followed by program staff and vendors contracted to provide services on behalf of an agency program. Applicable policies include federal and state law, administrative rules, program handbooks, contracts, and internal program policies and procedures.

(1) legal authority, by examining the basis of the agency program's decision, and assessing if the decision was made within the scope of that authority;

(2) procedural fairness and rights, by examining if the consumer or individual was given a full understanding of the situation, offered all applicable opportunities to appeal, and given sufficient time to respond when information was requested; and

(3) agreed expectations, by reviewing if the agency program followed through after agreeing to take particular actions, and if the program provided an adequate explanation of decisions.

§87.33.Substantiating and Closing Complaints.

(a) Once OO staff have determined all pertinent information has been gathered and their investigation of a complaint is complete, they inform the consumer or individual of the outcome and whether they have determined the complaint to be substantiated, unsubstantiated, or unable to be substantiated.

(b) For substantiated complaints, OO staff document any recommended corrective actions to be taken as a result of the complaint.

§87.35.Contact Follow-up.

(a) For any contact in which OO staff does not have a real-time interaction with a consumer, individual, or LAR, the OO staff will follow up within one business day of the date of receipt of the contact. OO staff will follow up with the consumer, individual, or LAR at least every 10 business days thereafter, until the contact is closed.

(b) OO staff may establish a more structured communication plan if the conduct of a consumer, individual, or LAR hinders the effective investigation and resolution of a case.

(1) To determine what actions may be appropriate to structure future communication, the case and all communication between OO staff and the consumer, individual, or LAR will be reviewed by an OO supervisor.

(2) If the supervisor determines more structured communication would achieve effective investigation and resolution of the case, a written communication will be shared with the consumer, individual, or LAR outlining what OO finds has hindered complaint resolution.

(3) If the conduct of a consumer, individual, or LAR continues to hinder the investigation or resolution, the HHS Ombudsman will communicate with the consumer, individual, or LAR in writing to outline how future communication with OO staff will be structured. The conduct of the consumer, individual, or LAR will continue to be monitored to determine if communication has improved to the point that the structured communication can be discontinued.

(c) The process outlined in subsection (b) of this section will never result in a consumer, individual, or LAR being left without a way to contact OO staff.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405855

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

SUBCHAPTER C. PROVISIONS DIRECTING HHS AND DFPS

26 TAC §87.41, §87.43

STATUTORY AUTHORITY

The new sections implement Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.41.Access to Information.

Texas Government Code §531.995 requires HHSC and DFPS to provide an ombudsman access to records that relate to a complaint the ombudsman is reviewing or investigating.

§87.43.Retaliation Prohibited.

(a) Texas Government Code §531.997 prohibits HHSC or DFPS from retaliating against an employee of either agency, as applicable, or any other person who in good faith makes a complaint to an ombudsman or against any person who cooperates with the ombudsman in an investigation.

(b) As referenced in §87.19(c)(2) of this chapter (relating to Duties and Statewide Procedures), the ombudsman will collaborate with HHSC or DFPS to identify consequences for any retaliatory action related to a complaint filed with an ombudsman.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405856

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

SUBCHAPTER D. OMBUDSMAN FOR MANAGED CARE ASSISTANCE

26 TAC §87.51

STATUTORY AUTHORITY

The new section implements Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.51.Creation of the Program and Populations Served.

(a) OMCAT is established by Texas Government Code §531.9912 in accordance with Texas Government Code §531.9932.

(b) OMCAT is responsible for assisting persons who are experiencing barriers in the Medicaid application and enrollment process and educating them so that they understand the concept of managed care; understand their rights under Medicaid, including grievance and appeal procedures; MCOs, health care providers, and any other appropriate entity on and can advocate for themselves. OMCAT intervenes promptly with HHSC Medicaid program staff, behalf of a person who has an urgent need for medical services.

(c) As a part of the support and information services, OMCAT is responsible for operating a statewide toll-free assistance telephone number.

(d) In accordance with Texas Government Code §531.9932(e), OMCAT is sufficiently independent from other aspects of Medicaid managed care to represent the best interests of consumers in complaint resolution.

(e) OMCAT coordinates a network of entities to provide support and information services to persons enrolled in or applying for Medicaid who experience barriers to receiving health care services.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405857

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

SUBCHAPTER E. OMBUDSMAN FOR CHILDREN AND YOUTH IN FOSTER CARE

26 TAC §87.61

STATUTORY AUTHORITY

The new section implements Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.61.Creation of Program and Population Served.

(a) FCO is established by Texas Government Code §531.9912 in accordance with Texas Government Code §531.9931.

(b) FCO serves as an impartial party in assisting children and youth in the conservatorship of DFPS with complaints regarding issues within the authority of DFPS or an HHS agency.

(c) While individuals aged 18 and older may continue to receive DFPS services, they are not considered part of the population served by FCO because they are no longer "in the conservatorship" of DFPS. However, if FCO receives a complaint from a youth who turns 18 during the course of an FCO investigation, the complaint will be completed.

(d) FCO is responsible for receiving and investigating inquiries and complaints from youth in the conservatorship of DFPS, including youth placed by contract as part of the community-based care model established by Texas Family Code, Chapter 264, Subchapter B-1, including single source continuum contractors that provide placement and case management services. For cases involving youth in foster care, or a court-appointed attorney for a youth unable to verbalize their concerns, FCO investigates and maintains communication with either the youth or the attorney. FCO is required to inform complainants of the result of an investigation.

(e) FCO may refer youth to any DFPS or HHS program or service that can assist with the youth's inquiry. With permission from the youth, FCO may work with staff in any DFPS or HHS program to resolve a complaint.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405858

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

SUBCHAPTER F. OMBUDSMAN FOR BEHAVIORAL HEALTH ACCESS TO CARE

26 TAC §87.71, §87.73

STATUTORY AUTHORITY

The new sections authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Government Code §531.033, which provides the Executive Commissioner of HHSC with broad rule-making authority; and Texas Government Code Chapter 531, Subchapter Y.

The new sections implement Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.71.Creation of the Program and Populations Served.

(a) OBH is established by Texas Government Code §531.9912 in accordance with Texas Government Code §531.9933.

(b) OBH serves as an impartial party to help consumers, including consumers who are uninsured or have public or private health benefit coverage, and behavioral health care providers navigate and resolve issues related to consumer access to behavioral health care, including care for mental health conditions and substance use disorders. OBH identifies, tracks, and helps report potential parity violations of Texas Insurance Code, Chapter 1355, Subchapter F.

(c) OBH assists consumers who have questions, concerns, or complaints regarding services provided by a state hospital, an LBHA, an LMHA, or through a contract with HHSC as part of the AMH program. Specific rights of these consumers are outlined in 25 Texas Administrative Code Chapter 404, Subchapter E (relating to Rights of Persons Receiving Mental Health Services).

§87.73.Report.

In accordance with Texas Insurance Code §1355.2572(b), OBH collaborates with the Texas Department of Insurance on an annual report on the status of rights and responsibilities for mental health condition and substance use disorder benefits and resolved and unresolved parity complaints.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405859

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

SUBCHAPTER G. OMBUDSMAN FOR INDIVIDUALS WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY

26 TAC §87.81

STATUTORY AUTHORITY

The new section implements Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.81.Creation of the Program and Populations Served.

(a) The IDDO program is established by Texas Government Code §531.9912 in accordance with Texas Government Code §531.9934.

(b) IDDO serves as an impartial party to assist individuals with IDD, their LARs, their program providers, and LIDDAs as they navigate and resolve complaints or grievances regarding infringement of the rights of a person with an intellectual disability or delivery of intellectual disability services. This in accordance with Texas Health and Safety Code §592.039.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405860

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

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

STATUTORY AUTHORITY

The repeals implement Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.101.Definitions.

§87.103.Creation of the Office and Populations Served.

§87.105.Contact Information.

§87.107.Confidentiality.

§87.109.Data and Reports.

§87.111.Referrals to Other HHS Offices or Other Entities.

§87.113.Intake of Contacts.

§87.115.Research and Communication with HHS Programs.

§87.117.Follow-up with Consumers.

§87.119.Substantiating and Closing Complaints.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405849

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

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

STATUTORY AUTHORITY

The repeals implement Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.201.Definitions.

§87.203.Creation of the Program and Populations Served.

§87.205.Contact Information.

§87.207.Confidentiality.

§87.209.Reports.

§87.211.Referrals to Other HHS Offices or Other Entities.

§87.213.Intake of Contacts.

§87.215.Research and Communication with HHS Programs, Health Care Providers, and Medicaid Managed Care Organizations.

§87.217.Follow-up with Consumers.

§87.219.Substantiating and Closing Complaints.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405850

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

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

STATUTORY AUTHORITY

The repeals implement Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.301.Definitions.

§87.303.Creation of Program and Population Served.

§87.305.Contact Information.

§87.307.Confidentiality.

§87.309.Data and Reports.

§87.311.Referrals to Other HHS Offices or Other Entities.

§87.313.Intake of Contacts.

§87.315.Research Using DFPS and HHS Systems and Policies.

§87.317.Follow-up Communication with Youth.

§87.319.Substantiating and Closing Complaints.

§87.321.Retaliation.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405851

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

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

STATUTORY AUTHORITY

The repeals implement Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.401.Definitions.

§87.403.Creation of the Program and Populations Served.

§87.405.Contact Information.

§87.407.Confidentiality.

§87.409.Data and Reports.

§87.411.Referrals to Other HHS Offices or Other Entities.

§87.413.Intake of Contacts.

§87.415.Research and Communication with HHS Programs and Agencies that Regulate Health Plans.

§87.417.Follow-up with Consumers.

§87.419.Substantiating and Closing Complaints.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405852

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

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

STATUTORY AUTHORITY

The repeals implement Texas Government Code §531.0055; Texas Government Code §531.033; and Texas Government Code, Chapter 531, Subchapter Y.

§87.501.Definitions.

§87.503.Creation of the Program and Populations Served.

§87.505.Contact Information.

§87.507.Confidentiality.

§87.509.Data and Reports.

§87.511.Referrals to Other HHS Offices or Other Entities.

§87.513.Intake of Contacts.

§87.515.Research and Communication with HHS Programs.

§87.517.Follow-up with Individuals with IDD.

§87.519.Substantiating and Closing Complaints.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 4, 2024.

TRD-202405853

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 706-7281

CHAPTER 356. FAMILY VIOLENCE PROGRAM

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 amendments to the sections listed below are non-substantial and contain updates to citations, agency name, position titles, and terminology; correct minor grammatical and punctuation errors; and revise sentence structure.

Subchapter B, Shelter Centers

§356.201 Special Nonresidential Project Contract

§356.204 Internal Monitoring System

§356.205 Funding Waivers

§356.302 Cash/Non-Cash Documentation, retitled as Cash or Non-Cash Resources Documentation

§356.507 Types of Facilities Allowed by the Commission for a 24-hour-a-Day Shelter, retitled as Types of Facilities Allowed by the Texas Health and Human Services Commission for a 24-hour-a-Day Shelter

§356.602 Charging for Services

§356.610 Emergency Shelter or Care for an Unaccompanied Minor

§356.618 Policies and Procedures Regarding Entries in a Resident or Nonresident File, retitled as Policies and Procedures Regarding Entries in a Resident or Nonresident Record

§356.621 Release of Resident or Nonresident Information Document, retitled as Release of Information Form

§356.629 Resident's Belongings

§379.707 Residents' Medications

Subchapter C, Special Nonresidential Projects

§356.901 Internal Monitoring System

§356.1002 Cash/Non-cash Resources Documentation, retitled as Cash or Non-Cash Resources Documentation

§356.1301 Required Services

§356.1302 Charging for Services

§356.1316 Policies and Procedures Regarding Entries in a Resident or Nonresident File, retitled as Policies and Procedures Regarding Entries in a Resident or Nonresident Record

§356.1319 Release of Program Participant Information Document, retitled as Release of Information Form

Subchapter D, Nonresidential Centers

§356.1602 Special Nonresidential Project Contract

§356.1604 Funding Waivers

§356.1702 Cash/Non-Cash Resources Documentation, retitled as Cash or Non-Cash Resources Documentation

§356.2002 Charging for Services

§356.2016 Policies and Procedures Regarding Entries in Program Participant's Files, retitled as Policies and Procedures Regarding Entries in a Program Participant's Record

§356.2019 Release of Program Participant Information Document, retitled as Release of Information Form

The proposed amendments, new sections, and repealed sections described below contain substantial revisions.

Subchapter A, Definitions

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.

Subchapter B, Shelter Centers

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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 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 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 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 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 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 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 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.

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.

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.

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.

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.

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.

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 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 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.

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.

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 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 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.

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.

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.

Subchapter C, Special Nonresidential Projects

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.

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.

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.

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.

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.

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.

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 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 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 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 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.

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.

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.

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.

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.

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.

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.

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.

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.

Subchapter D, Nonresidential Centers

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.

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.

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.

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.

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.

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.

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.

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.

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 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 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 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 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 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 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 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.

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.

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.

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.

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.

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.

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 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 amendment to §356.2110, Delivery of Children's Direct Services, adds a requirement for providing voluntary, developmentally appropriate services to children.

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.

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.

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.

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.

Proposed new Subchapter E, Written Notice to Victims

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.

FISCAL NOTE

Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.

GOVERNMENT GROWTH IMPACT STATEMENT

HHSC has determined that during the first five years that the rules will be in effect:

(1) the proposed rules will not create or eliminate a government program;

(2) implementation of the proposed rules will not affect the number of HHSC employee positions;

(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;

(4) the proposed rules will not affect fees paid to HHSC;

(5) the proposed rules will create new regulations;

(6) the proposed rules will expand and repeal existing regulations;

(7) the proposed rules will not change the number of individuals subject to the rules; and

(8) the proposed rules will not affect the state's economy.

SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS

Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities because the rules concern only non-profit entities and therefore do not apply to small or micro-businesses or rural communities.

LOCAL EMPLOYMENT IMPACT

The proposed rules will not affect a local economy.

COSTS TO REGULATED PERSONS

Texas Government Code §2001.0045 does not apply to these rules because the rules are necessary to protect the health, safety, and welfare of the residents of Texas, do not impose a cost on regulated persons, are necessary to receive a source of federal funds or comply with federal law, and are necessary to implement legislation that does not specifically state that Section 2001.0045 applies to the rules.

PUBLIC BENEFIT AND COSTS

Crystal Starkey, Deputy Executive Commissioner for Family Health Services, has determined that for each year of the first five years the rules are in effect, the public benefit will be improved access to and quality of services for family violence survivors and their children throughout the state.

Trey Wood has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because the rule does not impose any additional costs or requirements for FVP providers.

TAKINGS IMPACT ASSESSMENT

HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

PUBLIC COMMENT

Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 4900 North Lamar Boulevard, Austin, Texas 78751; or e-mailed to HHSRulesCoordinationOffice@hhs.texas.gov.

To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be: (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If the last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 24R057" in the subject line.

SUBCHAPTER A. DEFINITIONS

26 TAC §356.1

STATUTORY AUTHORITY

The amendment is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.

The amendment affects Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.1.Definitions.

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise.

(1) 24-hour-a-day shelter--A Texas Health and Human Services Commission-funded (HHSC-funded) shelter center facility that provides access, admittance, and temporary emergency residence for victims of family violence and their dependents, 24-hours-a-day, every day of the year.

(2) Abuse of funds--Actions and statements that are inconsistent with sound fiscal or business practices, and result in unnecessary program costs, including reimbursement for unnecessary services or services that do not meet standards required by contract, statute, regulation, previously sent interpretations of any of the items listed, or authorized governmental explanations of any of the foregoing.

(3) Advocacy--Providing information and assistance to increase survivor safety and access to needed resources or services. Advocacy is trauma-informed and requires understanding a survivor's self-stated experiences and needs.

(4) Additional HHSC-funded shelter--Additional Texas Health and Human Services Commission-funded shelter. An additional shelter or shelters operated by a shelter center that meets the criteria in §356.202 and §356.203 of this chapter (relating to Additional HHSC-Funded Shelter Funding and Additional HHSC-Funded Shelter Requirements).

~~[(1) Civil justice system--A network of courts and legal processes that enforce, restore, or protect private and personal rights.]~~

(5) Client--A resident, nonresident, or program participant who receives a service from a shelter center, special nonresidential project center, or nonresidential center.

(6) [~~(2)~~] Community education--The efforts or activities performed to increase public awareness, including prevention activities, about family violence and the availability of services for victims of family violence.

~~[(3) Cooperation with criminal justice officials--Making efforts on behalf of victims of family violence to:]~~

~~[(A) establish ongoing working relationships with the local criminal justice system, including but not limited to law enforcement, prosecutors, the courts, and probation and parole departments; and]~~

~~[(B) educate the local criminal justice system about family violence and the need for policies that ensure safety for victims of family violence and hold batterers accountable.]~~

(7) Complaint--An official written statement of concern or grievance. The term is inclusive of the formal process by which current or former clients or employees may exercise their right to petition a family violence center.

(8) [~~(4)~~] Cooperative living agreement--An agreement between the shelter and residents that promotes health, safety, and daily shelter operations.

[(5) Criminal justice system--A network of court and legal processes that deals with the enforcement of criminal laws. A crime is an action or omission in violation of law and is an offense against the state.]

(9) [~~(6)~~] Crisis call hotline--A telephone number answered 24-hours-a-day [~~24 hours a day~~], every day of the year, by trained [~~family violence center or special nonresidential project~~] volunteers, employees, or HHSC-approved [~~Health and Human Services Commission (HHSC)-approved~~] service contractors who provide victims of family violence with:

(A) immediate intervention through safety planning;

(B) understanding and support;

(D) referrals to other supportive services.

(10) Data breach--Any unauthorized use, disclosure, creation, maintenance, disposal, or transmission of personally identifying information in a manner not permitted by federal or state law.

(11) [~~(7)~~] Dating violence--An act, other than a defensive measure to protect oneself, by an individual that is against another individual with whom that person has or has had a dating relationship and that is:

(A) intended to result in physical harm, bodily injury, assault, or sexual assault;

(B) a threat that reasonably places the individual in fear of imminent physical harm, bodily injury, assault, or sexual assault; or

[(8) Education arrangements for children--Face-to-face services that result in a resident, nonresident, or program participant child complying with the compulsory attendance requirements found in the Texas Education Code.]

[(9) Emergency medical care--Assistance in responding to any urgent medical situation for a resident, nonresident, program participant, or victim of family violence being considered for acceptance to or accessing family violence services.]

~~[(10) Emergency transportation--Providing or arranging transportation:]~~

~~[(A) to and from emergency medical facilities for a resident, nonresident, program participant, or victim of family violence; or]~~

~~[(B) from a safe place to a shelter for victims of family violence needing shelter within the center's service area.]~~

(12) Executive director--The individual acting as the chief administrative or chief executive officer of a family violence center, regardless of the title of the individual's position.

(13) [~~(11)~~] Family violence--An act by a member of a family or household against another member of the family or household that is:

(A) intended to result in physical harm, bodily injury, [or] assault, or sexual assault;

(B) a threat that reasonably places the member in fear of imminent physical harm, bodily injury, [or] assault, or sexual assault, but does not include defensive measures to protect oneself; [or]

(D) dating violence.

~~[(12) Intervention services--Face-to-face services for a resident, nonresident, or program participant child or adult victim of family violence that:]~~

~~[(A) include:]~~

~~[(i) safety planning;]~~

~~[(ii) understanding and support;]~~

~~[(iii) advocacy;]~~

~~[(iv) case management;]~~

~~[(v) information and education; and]~~

~~[(vi) resource assistance;]~~

~~[(B) are available daily for shelter residents; and]~~

~~[(C) are available during the center's or project's hours of operation for nonresidents or program participants.]~~

(14) Fraud--An intentional deception or misrepresentation made by a person with the knowledge that the deception could result in some unauthorized benefit to the person making the deception or misrepresentation or some other person. The term does not include unintentional technical, clerical, or administrative errors.

~~[(13) Legal assistance--Face-to-face services to the resident, nonresident, or program participant that include:]~~

~~[(A) identifying individual legal needs;]~~

~~[(B) explaining legal rights and options;]~~

~~[(C) providing support and accompaniment in the pursuit of those options;]~~

~~[(D) assisting in safety planning; and]~~

~~[(E) providing advocacy.]~~

(15) Human trafficking--Trafficking that includes:

(A) the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act is younger than 18 years of age;

(B) the recruitment, harboring, transportation, provision, enticing, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; and

(16) [~~(14)~~] Limited English Proficiency (LEP)--A term describing individuals who do not speak English as their primary language and who have limited ability to read, speak, write, or understand English.

(17) [~~(15)~~] Nonresident--An adult or child victim of family violence who receives services from an HHSC-funded shelter center without receiving shelter or is served through a nonresidential center.

(18) [~~(16)~~] Nonresidential center--An HHSC-funded program that:

(A) is operated by a public or private nonprofit organization; and

(B) provides comprehensive nonresidential services to victims of family violence as outlined in §356.2101 of this chapter (relating to Nonresidential Center Services) [~~described in the Service Delivery section of the HHSC Family Violence Program Nonresidential Center Provider Manual~~].

(19) Personally identifying information--Individually identifying information for or about an individual including information likely to disclose the location of a victim of family violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including a first and last name; a home or other physical address; contact information (including a postal, email, or Internet protocol address, or telephone or facsimile number); a social security number, driver license number, passport number, or student identification number; and any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify an individual.

(20) Primary prevention--Strategies, policies, and programs to stop both first-time perpetration and first-time victimization. Primary prevention is stopping family and dating violence before the violence occurs. Primary prevention includes:

(A) school-based violence prevention curricula;

(B) programs aimed at mitigating the effects on children of witnessing family or dating violence;

(D) worksite prevention programs; and

(E) training and education in parenting skills and self-esteem enhancement.

(21) [~~(17)~~] Program participant--An adult or child victim of family violence who receives services from an HHSC-funded nonresidential center or special nonresidential project.

[(18) Referral system to existing community services--An organized process for providing information and referring residents, nonresidents, or program participants to existing community resources, including but not limited to:]

~~[(A) medical care;]~~

~~[(B) legal representation;]~~

~~[(C) protective services for abuse of:]~~

~~[(i) children;]~~

~~[(ii) the elderly; and]~~

~~[(iii) people with disabilities;]~~

~~[(D) resource assistance;]~~

~~[(E) public assistance;]~~

~~[(F) counseling and treatment services;]~~

~~[(G) children's services; and]~~

~~[(H) other appropriate family violence services.]~~

(22) [~~(19)~~] Resident--An adult or child victim of family violence or dating violence who is admitted to a [~~an (HHSC)-funded~~] shelter center.

~~[(20) Satellite shelter--An additional shelter operated by a shelter center that meets the criteria stated in these sections.]~~

(23) Secondary prevention--As defined by 45 Code of Federal Regulations (C.F.R.) §1370.2, identifying risk factors or problems that may lead to future family, domestic, or dating violence, and taking the necessary actions to eliminate the risk factors and the potential problem.

(24) [~~(21)~~] Shelter center--An HHSC-funded program that:

(A) is operated by a public or private nonprofit organization; and

(B) provides comprehensive residential and nonresidential services to victims of family violence as described in §356.701 of this chapter (relating to Shelter Center Services) [~~the Service Delivery section of the HHSC Family Violence Program Shelter Center Provider Manual~~].

(25) [~~(22)~~] Special nonresidential project center--An HHSC-funded [A] project that:

(A) is operated by a public or private nonprofit organization; and

(B) provides at least one specialized family violence service as described in §356.1401 of this chapter (relating to Special Nonresidential Project Services). [~~the Service Delivery section of the HHSC Family Violence Special Nonresidential Project Provider Manual, which can be:~~]

~~[(i) community education relating to family violence; or]~~

~~[(ii) direct delivery of services for adult victims of family violence or their children;]~~

~~[(C) demonstrates a system of referring victims of family violence to at least one family violence shelter center or other safe temporary lodging;]~~

[(D) demonstrates that the project, through the services it provides, is addressing a need in the community consistent with the plan for family violence services under Human Resources Code, §51.0021; and]

~~[(E) demonstrates that the underserved or special population to be served by the project is involved in the project's design and implementation, if applicable.]~~

(26) [~~(23)~~] Standards--The minimum HHSC requirements as stated in this chapter.

[(24) Training and employment information--Providing information and referrals to residents, nonresidents, or program participants about employment training and employment opportunities, either directly or through formal arrangements with other organizations.]

[(25) Twenty-four-hour-a-day shelter--An HHSC-funded shelter center facility that provides access, admittance, and temporary emergency residence for victims of family violence 24 hours a day, every day of the year.]

(27) [~~(26)~~] Victim of family violence--Includes:

(A) an adult member of a family or household who is subjected to an act of family violence;

(B) a member of the household of the adult described in subparagraph (A) of this paragraph, other than the member of the household who commits the act of family violence, including an act of emotional abuse;

~~[(C) victims not directly served by an HHSC family violence provider;]~~

(D) [~~(E)~~] an individual who is subjected to an act of [~~a victim of~~] dating violence.

[(27) Volunteer recruitment and training program--A process for soliciting a diverse group of people from the community to work as non-paid staff and providing them with information about family violence and services for victims of family violence through a structured orientation.]

(28) Waste--Practices that a reasonably prudent person would deem careless or that would allow inefficient use of resources, items, or services.

(29) Written--When referring to any documentation, agreements, signage, materials, and other information or resources provided in writing to residents, nonresidents, or program participants, the term "written" encompasses information in digital format and any necessary accommodations for residents, nonresidents, or program participants with LEP, low literacy, visual impairment, and intellectual and developmental disabilities to ensure that the person is informed of all materials and relevant documents typically produced in writing. Accommodations may include:

(A) verbal explanations;

(B) pictograms;

(D) interpretation; and

(E) large-print materials.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405810

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

SUBCHAPTER B. SHELTER CENTERS

DIVISION 1. BOARD OF DIRECTORS

26 TAC §§356.101 - 356.104

STATUTORY AUTHORITY

The amendments are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.

The amendments affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.101.[~~Fiscal~~] Oversight and Accountability.

The board of directors of a shelter center must:

(1) ensure [~~Ensure~~] that the center operates in a manner that keeps the organization's mission and purpose focused without becoming involved in day-to-day operations;

(2) hire [~~Hire~~] the center's executive director, and explain the following:[;]

(A) the role of the board in supervising and evaluating the executive director;

(B) the structures in place for evaluation; and

(3) review regularly, as-a-whole, [~~As a-whole,~~] or as delegated to the center's finance committee, [~~regularly review~~] actual revenue and expenditures and compare them to budgeted revenue and estimated costs;

(4) review [~~Review~~] and approve programs and budgets in accordance with the bylaws;

(5) maintain [~~Maintain~~] and comply with current organizational bylaws; [~~and~~]

(6) review [~~Review~~] and approve policies for the organization's operation in accordance with the bylaws;[.]

(7) ensure that all board members are knowledgeable of all grant expectations as the grant expectations pertain to board members and their responsibilities under the Texas Health and Human Services Commission Family Violence Program shelter grant;

(8) review and comply with the center's complaint policy and address any complaints escalated to the board; and

(9) as a whole, or as delegated to board committee, review and approve program policy changes.

§356.102.Shelter Center's Board Handbook.

(a) The board members must be given a handbook within 60 days of starting their first term that contains[~~, at a minimum,~~] the following:

(1) the board member's [~~Board member~~] job description;

(2) a current [~~Current~~] list of board members with current contact information;

(3) the organization's [~~Organization's~~] mission statement;

(4) the organization's [~~Organization's~~] bylaws and a copy of the letter granting 501(c)(3) status;

(5) a list [~~List~~] of all committees, including appointed board members and assigned staff;

(6) committee [~~Committee~~] descriptions;

(7) the organization's [~~The organization~~] policies, including fiscal, administrative, and programmatic;

(8) the organizational [~~Organizational~~] chart;

(9) the history [~~History~~] of the organization;

(10) a list [~~List~~] of program services and a brief description of each program;

(11) the current [~~Current~~] budget, including funding sources and subcontractors;

(12) a brief [~~Brief~~] description of contract provisions with attorneys, auditors, or other professionals;

(13) an explanation of the organization's insurance coverage, including directors' and officers' liability insurance or notification of inability to obtain insurance;

(14) [~~(13)~~] basic [~~Basic~~ ] information about family violence; [~~and~~]

(15) [~~(14)~~] a brief [~~Brief~~] history of the Texas Family Violence [~~Battered Women's~~] Movement;[.]

(16) an explanation of the organization's efforts to support underserved populations; and

(17) information on the intersection of family violence and barriers to services for underserved populations as well as a description of the organization's client and community demographics.

(b) The handbook may be made available in an electronic format.

§356.103.Board of Directors Training.

(a) Every year [~~two years~~], each board member must receive the following:

(1) an [An] explanation of the center's mission, philosophy, and a brief history;

(2) a discussion [~~An explanation~~] of the dynamics of family violence that includes power and control and trauma-informed services [~~its causes and effects~~];

(3) a [A] description of the organization's current programs[~~, provided by program staff~~];

(4) a [A] review of the organization's policies to determine if any modifications need to be made and clarification of any policy changes made during the previous year;

(5) training that includes information on the intersection of family violence and barriers to services for underserved populations as well as a description of the organization's client and community demographics;

(6) [~~(5)~~] an [An] explanation of how the center is funded and future funding projections;

(7) [~~(6)~~] a [A] discussion, presented by the appropriate board member, employee, or designated person [ ~~chair or a member of the executive committee~~], of the following:

(A) a review of the duties of a nonprofit board of directors as outlined in the Texas Business Organizations Code §22.221, Texas Nonprofit Corporation Act;

(B) [~~(A)~~] the [~~The~~] board's role and responsibilities related to legal and fiscal accountability; and

(i) [~~(B)~~] meetings [~~Meetings~~] and attendance requirements;

(ii) [~~(C)~~] committee [~~Committee~~] duties, structure, and assignments; [~~and~~]

(iii) [~~(D)~~] fundraising [~~Fund-raising~~] and public relations responsibilities; and

(iv) the conflict of interest policy.

~~[(7) An explanation of the organization's insurance coverage, including director's and officers liability insurance or notification of inability to obtain insurance;]~~

(8) an [An] explanation of the working relationship between the board and staff, including[~~, but not limited to~~] which staff member to contact [~~is contacted~~] regarding questions or requests and which staff members contact board members routinely; and

~~[(9) An update on any changes made in the Business Organizations Code, Chapter 22; and]~~

(9) [~~(10)~~] the [~~The~~] organization's confidentiality policy and the importance of confidentiality, which must include the training required by §356.616 of this chapter (regarding Confidentiality and Victim-Advocate Privilege Training).

(b) New board members must [~~should~~] receive this training within 60 days [~~three months~~] of starting their first term.

§356.104.Confidentiality and Victim-Advocate Privilege.

Each board member must:

(1) provide written assurance that the member is knowledgeable of and will [~~Know and~~] comply with the confidentiality requirements of this chapter [~~Health and Human Services Commission's rules~~] and the center's policies [~~related to confidentiality~~]; [~~and~~]

(2) provide [~~Provide~~] written assurance to the center that the board member [~~she or he~~] will not use the position to obtain or access confidential resident or nonresident information when not authorized; and[.]

(3) provide written assurance to the center that the member is knowledgeable of, and will comply with, the victim-advocate privilege under Texas Family Code Chapter 93 and will not use the member's position to obtain or access privileged resident or nonresident information when not authorized.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405811

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 2. CONTRACT STANDARDS

26 TAC §§356.201 - 356.206, 356.208

STATUTORY AUTHORITY

The amendments and new section are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.

The amendments and new section affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.201.Special Nonresidential Project Contract.

A center may apply for a special nonresidential project contract; however, the proposed services may not [~~cannot~~] be the same as those required under this subchapter [~~by the shelter center contract~~].

§356.202.Additional HHSC-Funded [~~Satellite~~] Shelter Funding.

In order to qualify for additional [~~satellite~~] shelter funding, a shelter [~~the~~] center must:

(1) be [Be] a current Texas Health and Human Services Commission (HHSC) shelter center grantee [~~contractor~~] in good standing;

(2) develop [~~Develop~~], maintain, and comply with written policies and procedures that describe the relationship between the shelter center and the additional [~~satellite~~] shelter; and

(3) ensure [~~Ensure~~] the additional [~~satellite~~] shelter meets all additional [~~satellite~~] shelter requirements in §356.203 [~~§379.203~~ ] of this division (relating to Additional HHSC-Funded [~~Satellite~~] Shelter Requirements).

§356.203.Additional HHSC-Funded [~~Satellite~~] Shelter Requirements.

A center with more than one Texas Health and Human Services Commission (HHSC)-funded [~~A satellite~~] shelter must ensure that additional shelters:

(1) have [~~Have~~] a freestanding shelter building in which residents are sheltered;

(2) provide nonresidential services in the additional shelter [~~Serve nonresidents from the satellite~~] service area;

(3) provide services to an unserved or underserved population or geographic location as consistent with the current Texas Family Violence Services Plan;

~~[(3) Either:]~~

~~[(A) Be in an area that prohibits resident and nonresident access to existing shelter center services because of difficulty or distance; or]~~

~~[(B) Provide services to an unserved or underserved population as demonstrated by its Family Violence Services Plan's consistency with Human Resources Code, §51.0021;]~~

(4) provide [~~Provide~~] the same services as a 24-hour-a-day shelter;

(5) have [~~Have~~] local community representation on the center's board of directors;

(6) have financial [~~Have local funding and local volunteer~~] support;

(7) have [~~Have~~] been operational for at least one year preceding the fiscal year for which funding is requested;

(8) have [~~Have~~] housed residents in the past year; and

(9) have [~~Have~~] at least one employee or volunteer:

(A) on-site continuously when a resident is [~~residents are~~] staying in the shelter; or[.]

(B) on-site or on-call 24-hours-a day, every day of the year, when no residents are staying in the shelter.

§356.204.Internal Monitoring System.

A center must develop, maintain, and comply with a written internal monitoring system to evaluate:

(1) the [~~The~~] quality of the center's required resident and nonresident services;

(2) the [~~The~~] accuracy of the fiscal and programmatic documentation; and

(3) compliance [~~Compliance~~] with the policies and procedures specified in the center's contract with the Texas Health and Human Services Commission.

§356.205.Funding Waivers.

(a) The Texas Health and Human Services Commission (HHSC) may waive the maximum prescribed funding percentage, as described in Texas Human Resources Code §51.003(a), when [~~at least~~] one of the following occurs.[:]

(1) The center's income for the contract year decreased relative to the actual income received during the previous contract year. Decreases in funding caused by a center's noncompliance, negligence, or deficiencies will not be considered when making this calculation.

(2) The center's HHSC award for center services increases.

(b) If a center receives three or more funding waivers in a five-year period, the center may be subject to corrective action.

§356.206.Requesting a Funding [~~Variance or~~] Waiver.

[~~(a)~~] To request a waiver from the maximum prescribed funding percentage, a center's board must submit:

(1) a completed Family Violence Program Waiver Request Form prescribed by the Texas Health and Human Services Commission [~~(HHSC)~~];

(2) supporting documentation of the need for the waiver; and

(3) a statement describing [~~demonstrating~~ ] the center's efforts to raise funds compared to its budget.[~~; and~~]

~~[(3) a written agreement to receive technical assistance as designated by HHSC.]~~

[(b) To request a variance or waiver from any other requirement in this subchapter, the center's board must submit a completed Family Violence Program Waiver Request Form prescribed by HHSC demonstrating the need for the variance or waiver].

~~[(c) A center's board may submit a request for a variance or waiver up to 45 calendar days after the Annual Funding Report is due.]~~

§356.208.Primary Services to an Unserved or Underserved Population.

If a center's purpose is to provide services to a particular population, the center must have a plan for providing services to otherwise eligible victims who are not members of the targeted population. This plan may include referrals.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405813

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 2. CONTRACT STANDARDS

26 TAC §356.207

STATUTORY AUTHORITY

The repeal is authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.

The repeal affects Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.207.More than One Funding Percentage Waiver.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405812

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 3. FISCAL MANAGEMENT

26 TAC §§356.301 - 356.303

STATUTORY AUTHORITY

§356.301.Accounting System Requirements.

A center must maintain an accounting system and records that:

(1) follow Generally Accepted Accounting Principles (GAAP);

(2) [~~(1)~~] records revenue and expenditures [~~using generally accepted accounting principles~~];

(3) [~~(2)~~] establishes [~~includes~~] a chart of accounts that lists all accounts by an assigned number;

(4) [~~(3)~~] contains a general ledger and subsidiary ledgers;

(5) [~~(4)~~] maintains accounting [~~supporting~~] documentation for all revenue and expenditures, including [~~but not limited to~~]:

(A) receipts or vouchers for revenue;

(B) bank statements reconciled to the general ledger bank accounts;

(D) [~~(C)~~] canceled checks;

(E) [~~(D)~~] deposit slips;

(F) [~~(E)~~] approved invoices;

(G) [~~(F)~~] receipts;

(H) [~~(G)~~] leases;

(I) [~~(H)~~] contracts;

(J) [~~(I)~~] time and activity sheets;

(K) [~~(J)~~] inventory; and

(L) [~~(K)~~] cost allocation and indirect cost worksheets;

(6) [~~(5)~~] identifies all funding sources and expenditures by separate fund type; and

(7) [~~(6)~~] uses a double-entry accounting system,[:] either cash, accrual, or modified accrual.

§356.302.Cash or Non-Cash Resources [~~Cash/Non-Cash~~] Documentation.

A center must develop, maintain, and comply with written internal policies and procedures to accurately document the non-Texas Health [~~non-Health~~] and Human Services Commission (HHSC) cash or non-cash [~~cash/non-cash~~] resources required by HHSC under Texas Human Resources Code [,] §51.003.

§356.303.Fraud, Waste, and Abuse.

(a) A center must immediately report to the Texas Health and Human Services Commission (HHSC) Family Violence Program and HHSC Office of Inspector General any suspected or confirmed fraud, waste, or abuse of funds paid from the HHSC contract related to family violence service delivery, whether or not such suspected or confirmed fraud, waste, or abuse was committed by the center's employees or the center's subcontractors.

(b) In addition to reporting to HHSC, the center must also report the fraud, waste, or abuse to the Office of Attorney General of Texas or the State Auditor's Office.

(c) The center must fully cooperate with HHSC, the Office of Attorney General of Texas, the State Auditor's Office, or any other state or federal regulatory agency involved in the investigation of the allegation of fraud, waste, or abuse.

(d) A center must not unlawfully disclose any personally identifying information of a victim in the course of reporting fraud, waste, or abuse.

(e) The center must comply with 42 United States Code (U.S.C.) Chapter 110, the Family Violence Prevention and Services Act, and Texas Family Code Chapter 93 during the investigation.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405814

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 4. PERSONNEL

26 TAC §§356.401 - 356.403, 356.405

STATUTORY AUTHORITY

The amendments affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.401.Personnel Policies.

A center must develop, maintain, and comply with written personnel policies, approved by the board [~~Board~~] of directors [~~Directors~~], and procedures for its personnel handbook that standardize the everyday actions and conduct of all employees. All employees must have ongoing access to the personnel handbook. Employees [~~and~~] must be notified of new or changed personnel policies in accordance with the center policies and in a timely manner. The handbook must address [~~at a minimum~~] the following:

(1) contract [~~Contract~~] labor;

(2) conflicts [~~Conflict~~] of interest;

(3) family [~~Domestic~~] violence in the workplace to include support for any staff experiencing family violence and violence occurring at the workplace;

(4) nepotism [~~Nepotism~~];

(5) the center's non-discrimination policy;

(6) [~~(5)~~] a hiring [ ~~Hiring~~] process that is uniform for all candidates for a particular position and includes:

(A) job [~~Job~~] posting;

(B) job [~~Job~~] descriptions with essential job functions;

(D) reference [~~Reference~~] checking and responding to reference checking;

(7) [~~(6)~~] rules [~~Rules~~ ] of conduct;

(8) [~~(7)~~] hours [~~Hours~~ ] and days of operation;

(9) [~~(8)~~] employee [~~Employee~~] benefits, including the accrual and use of paid time off [~~leave~~];

(10) [~~(9)~~] employees' [~~Employees'~~] right to access their personnel files;

(11) [~~(10)~~] written [~~Written~~] and oral employee orientation, initial training, and employee development;

(12) [~~(11)~~] confidentiality [~~Confidentiality~~] requirements of employee records;

(13) [~~(12)~~] employee [~~Employee~~] evaluation;

(14) [~~(13)~~] involuntary [~~Involuntary~~] and voluntary termination; and

(15) [~~(14)~~] a complaint process for [~~Grievances originating from~~] current and former employees, including the center's process for responding to a complaint.

§356.402.Personnel Files.

A center must maintain a personnel file for each employee. Each file must include at least the following information:

(1) employment [~~Employment~~] application or resume;

(2) current job [~~Job~~] descriptions;

(3) signed [~~Signed~~] acknowledgment of confidentiality and victim-advocate privilege agreement to be updated annually;

(4) signed [~~Signed~~] acknowledgment of receipt of the current personnel [~~policies and procedures~~] handbook as described in §356.401 of this division (relating to Personnel Policies);

(5) performance [~~Performance~~] evaluations for every year of employment in accordance with the center's personnel policies;

(6) documentation [~~Documentation~~] of orientation, initial training, and employee development;

(7) any [~~Any~~] status or classification change;

(8) all [~~All~~] disciplinary actions and related documents, if any; and

(9) letters [~~Letters~~] of praise or criticism, if any.

§356.403.Drug and Alcohol Policy.

If under the jurisdiction of the Drug-Free Workplace Act, a center must develop, maintain, and comply with a written drug and alcohol policy that includes [~~at least~~] the following:

(1) prohibition [~~Prohibition~~] of [~~illegal~~] use or [~~illegal~~] possession of alcohol, illegal drugs, or drugs for which the employee does not have a prescription, if a prescription is required to possess the drug, while on duty;

(2) a statement of practice rooted [~~A belief~~] in a treatment and recovery approach;

(3) a [A] stated concern for employees and the [~~their~~] recovery efforts of employees;

(4) information [~~Information~~] on available programs and systems for assistance; and

(5) a [A] statement of confidentiality.

§356.405.Ongoing Employee Training [~~Staff Development~~].

(a) Every year, each employee must receive oral or written information regarding:

(1) confidentiality and victim-advocate privilege requirements, including the center's policies for complying with the requirements;

(2) federal, state, and program requirements as applicable to an employee's job description, including the requirements outlined in:

(A) this subchapter;

(B) 42 United States Code (U.S.C.) Chapter 110, the Family Violence Prevention and Services Act; and

(3) information on the intersection of family violence and barriers to underserved populations, as well as a description of the organization's client and community demographics.

~~[(a) Direct service employees and their direct supervisors must receive relevant training or staff development on topics related to their job descriptions as family violence center employees.]~~

(b) Direct service employees and their supervisors must also receive yearly training on the following:

(1) best practices in family violence service delivery, including:

(A) trauma-informed and survivor-centered advocacy and voluntary services;

(B) access to services for underserved populations, including populations with disabilities;

(D) the intersection of family violence and substance use;

(E) technology and data safety; and

(F) language and interpretation accessibility; and

(2) relevant training or staff development on topics related to their job descriptions as family violence center employees.

(c) [~~(b)~~] Direct service supervisors must [~~should~~] receive training that is relevant to the job descriptions of the people they supervise.

(d) Employees with access to personally identifying information must receive yearly training in compliance with §356.616 of this subchapter (relating to Confidentiality and Victim-Advocate Privilege Training).

(e) [~~(c)~~] The training described in this section [~~Training~~] may be provided virtually or in person [~~electronically~~].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405816

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

26 TAC §§356.406 - 356.408

STATUTORY AUTHORITY

The repeals are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.

The repeals affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.406.Children's Advocate.

§356.407.Legal Advocate.

§356.408.Volunteer Coordinator.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405815

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 5. FACILITY, SAFETY, AND HEALTH REQUIREMENTS

26 TAC §§356.501, 356.503 - 356.507, 356.510

STATUTORY AUTHORITY

The amendments authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.

The amendments affects Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.501.Facility Requirements for the 24-Hour-a-Day Shelter Center.

A center facility must have:

(1) a kitchen and eating area;

(2) a group living area;

(3) bathroom facilities, including toilets, lavatories, and bathing facilities;

(4) sleeping facilities;

(5) a private meeting area for individual and group services;

(6) adequate safe space for children;

(7) a developmentally appropriate, safe indoor play space equipped with toys in good repair and arts and craft supplies;

(8) a developmentally appropriate, safe outdoor play area equipped with toys in good repair;

(9) basic furnishings that are clean and in good repair, including:

(A) beds and bed linens;

(B) cribs;

(D) chairs;

(E) highchairs; and

(F) a place to store clothes, such as drawers or closets;

(10) clearly marked exits;

(11) smoke detectors, fire extinguishers, current fire inspections, and fire evacuation plans;

(12) [~~(11)~~] secure [~~safe~~], clearly marked locations to store cleansers, solvents, and other hazardous items out of reach of children; and

(13) [~~(12)~~] a stocked first-aid kit in all center facilities in central locations and communal spaces, as specified by center policy, that is accessible to all employees, volunteers, and residents.

§356.503.Security System.

All Texas Health and Human Services Commission-funded shelter centers [~~Centers and satellite shelters~~] must have security systems that are operational 24-hours-a-day [~~24 hours a day~~]. The security system must [~~may~~] include[~~, but is not limited to,~~] an alarm system, outside special lighting, and secure locks [~~dead bolts, and agreements with local law enforcement~~].

§356.504.Security Policies and Procedures.

(a) All Texas Health and Human Services Commission (HHSC)-funded shelter centers [~~Centers and satellite shelters~~] must develop, maintain, and comply with written policies and procedures to promote the safety and security of residents, nonresidents, employees, and volunteers. These policies and procedures must address:

(1) intruders on the property, including an abuser [~~such as a batterer~~];

(2) threats of violence or assaults;

(3) bomb threats;

(4) threatening telephone calls;

(5) power outages;

(6) evacuations;

(7) natural disasters (e.g., hurricanes, tornadoes, floods, and fires); [~~and~~]

(8) epidemics, pandemics, and other public health emergencies; and

(9) [~~(8)~~] technology safety and data security.

(b) A center must notify HHSC immediately of any safety or security breaches listed in subsection (a) of this section that may disrupt services for 24 hours or longer, in accordance with §356.626 of this subchapter (relating to Disruption in Providing Services). A center must include in the notice to HHSC an overview of the incident with the dates of impact, next steps, and a point of contact.

(c) The authorized person or persons responsible for the operation of a center may choose to make the location of emergency shelters public. If the address or location of any shelter center remains confidential, the location shall not be made public, except with written authorization of the individual or individuals responsible for the shelter operation.

(d) A center that chooses to remain confidential pursuant to subsection (c) of this section must develop and maintain systems and protocols to remain confidential.

§356.505.Shelter Center [~~and Satellite Shelter~~] Staffing.

All Texas Health and Human Services Commission-funded centers [~~Centers and satellite shelters~~] must have at least one employee or volunteer:

(1) on-site continuously when a resident is [~~residents are~~] staying in the shelter; or[~~, except if using safe homes~~]

(2) on-site or on-call 24-hours-a day, every day of the year, when no residents are staying in the shelter.

§356.506.Providing Hygiene Items to Residents.

A [~~The~~] center must provide all residents with direct [~~daily~~] access to [~~basic~~] personal hygiene items without having to request the items from staff. When providing personal hygiene items, a [~~the~~ ] center must consider the diverse needs of the population of the shelter service area.

§356.507.Types of Facilities Allowed by the Texas Health and Human Services Commission for a 24-hour-a-Day Shelter.

A 24-hour-a-day shelter may [~~can~~] be located in the following types of facilities:

(1) a facility that exclusively serves victims of family violence;

(2) a series of safe homes; or

(3) a designated section of another kind of emergency shelter.

§356.510.Using a Hotel or Motel as a Type of Shelter.

(a) A hotel or motel may not [~~Motels cannot~~] be used exclusively as a shelter center [~~facility~~ ] for a 24-hour-a-day shelter but may [~~can~~] be used for overflow or used in outlying counties.

(b) A trained staff member or volunteer must make themselves available to clients residing in hotels or motels, either in-person or remotely, at least once every 24-hour period to ensure that services are offered and that meals or adequate food and supplies to prepare meals are provided.

(d) When clients residing in hotels or motels prefer to have an in-person visit, the center must send a trained staff member or volunteer within a reasonable timeframe, as outlined in center policies.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405818

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

26 TAC §356.508

STATUTORY AUTHORITY

The repeal affects Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.508.Exceptions to Allowable Types of Facilities for a 24-Hour-a-Day Shelter.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405817

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 6. PROGRAM ADMINISTRATION

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

STATUTORY AUTHORITY

The amendments and new sections are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies; Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program; Texas Human Resources Code §51A.003, which requires HHSC to adopt by rule the notice to victims of family violence, stalking, harassment, and terroristic threat; Texas Family Code Chapter 93, which creates the victim-advocate privilege; and Senate Bill 1841, 88th Legislature, Regular Session, 2023, which made several changes to requirements for contracts with family violence centers.

The amendments and new sections affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.601.Required Services.

At a minimum, a [~~the~~] center must provide equal access to the services for victims of family violence [~~that are~~] outlined in 42 United States Code (U.S.C.) Chapter 110, the Family Violence Prevention and Services Act, and [~~the~~] Texas Human Resources Code [,] Chapter 51.

§356.602.Charging for Services.

A center may not [~~cannot~~] charge or solicit contributions or donations in return for Texas Health and Human Services Commission-contracted services.

§356.603.Eligibility.

(a) The following individuals are eligible for services under this chapter:

(1) victims of family violence and dating violence; and

(2) victims of sexual assault and human trafficking when the sexual assault and human trafficking meets the definition of family violence or dating violence.

(b) All victims described in this section are eligible for services regardless of the victim's current geographic location.

(c) A center must not require a victim to participate in center activities as a condition of receiving shelter or services.

§356.604.Federal and State Laws Regarding Eligibility.

When determining eligibility for services, a center must comply with the following applicable state and federal laws and any amendments made to each of these laws. Policies and procedures must be written to ensure compliance with:

~~[(1) Human Resources Code, Chapter 51;]~~

(1) [~~(2)~~] 42 United States Code (U.S.C.) §2000d, et seq., Title VI of the Civil Rights Act of 1964 [~~(Public Law 88 - 352)~~];

(2) [~~(3)~~] 29 U.S.C. §701, et seq., Section 504 of the Rehabilitation Act of 1973 [~~(Public Law 93 - 112)~~];

(3) [~~(4)~~] 42 U.S.C. §12101, et seq., Americans with Disabilities Act of 1990 [~~(Public Law 101 - 336)~~];

(4) [~~(5)~~] 42 U.S.C. §§6101 - 6107, Age Discrimination Act of 1975 [~~(42 U.S.C. §§6101 - 6107)~~];

(5) 42 U.S.C. Chapter 110, the Family Violence Prevention and Services Act;

(6) Texas Human Resources Code Chapter 51;

(7) Texas Health and Safety Code §85.113, relating to Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection; and

(8) [~~(6)~~] Texas Health and Human Services Commission regulations regarding civil rights.[;]

~~[(7) Texas Health and Safety Code, §85.113, relating to HIV/AIDS; and]~~

~~[(8) the Family Violence Prevention and Services Act (42 U.S.C. Chapter 110).]~~

§356.606.Denial of Services.

A center may not [~~can~~] deny services to an otherwise eligible victim as described in §356.603 of this division (relating to Eligibility) unless the center adopts [~~of family violence only if it has~~] written policies in accordance with this section that outline specific behaviors that would make a victim ineligible for such services. Under this section, these [~~These~~] policies must:

(1) address only behaviors that threaten the safety and security of shelter staff and residents;

(2) apply equally to all people;

(3) comply with the laws and regulations described in §356.604 [~~§379.604~~] of this division (relating to Federal and State Laws Regarding Eligibility); and

(4) contain procedures that take into consideration the safety of a victim and requires appropriate referrals to other service providers.

§356.607.Eligibility of Previously Involuntarily Terminated Residents or Nonresidents.

(a) A center must develop, maintain, and comply with written policies and procedures to assess the safety [~~and appropriateness~~] of providing services to a resident or nonresident [~~victim~~] whose services were previously involuntarily terminated and who is currently requesting services.

(b) A center must assess each request for service from a person who was previously involuntarily terminated.

(c) A center may not deny services to a victim who was previously involuntarily terminated based solely on the victim's previous involuntary termination.

§356.609.Shelter [~~Services~~] at Capacity.

A center must develop, maintain, and comply with [~~written referral~~] procedures for helping a victim [~~victims of family violence~~] obtain other temporary shelter if the center's primary method of providing shelter is full. The procedure must include providing the victim with:

(1) safety planning;

(2) referrals to community resources; and

(3) the explanation of nonresidential services and referral to connect with a nonresidential advocate if the victim chooses.

§356.610.Emergency Shelter or Care for a [~~an Unaccompanied~~] Minor.

(a) For purposes of this section [~~division~~ ], the following words and terms have the following meanings:

(1) "Emergency shelter or care" means shelter or care provided by a shelter center under Texas Family Code §32.201 and §32.202.

(2) "Minor" means a person under 18 years of age who:

(A) is not and has not been married; or

(B) has not had the disabilities of minority removed for general purposes.

~~[(3) "Unaccompanied minor" means a minor who is not accompanied at the shelter center by the minor's parent, managing conservator, or guardian.]~~

(b) A shelter center may provide emergency shelter or care to a [~~an unaccompanied~~] minor and the minor's child or children, if any, only during an emergency constituting an immediate danger to the physical health and safety of the minor or the minor's children [~~child(ren)~~].

(c) Except as provided in subsection (d) of this section, a shelter center may not provide emergency shelter or care to a [~~an unaccompanied~~] minor or the minor's children [~~child(ren)~~ ] after the 15th day following the date on which the center began to provide the shelter or care.

(d) With or without the consent of the minor's parent, managing conservator, or guardian, the shelter center may continue to offer emergency shelter or care to a [~~an unaccompanied~~ ] minor and the minor's children [~~child(ren)~~], if any, after the 15th day if the minor:

(1) is unmarried and is pregnant or is the parent of a child;

(2) has qualified for financial assistance under Texas Human Resources Code, Chapter 31, and is on the waiting list for housing assistance; or

(3) is 16 years of age or older; and

(A) resides separate and apart from the minor's parent, managing conservator, or guardian, regardless of whether the parent, managing conservator, or guardian consents to the residence and regardless of the duration of the residence; and

(B) manages the minor's own financial affairs, regardless of the source of income.

(e) A [~~The~~] shelter center may rely on the minor's written statement containing the grounds on which the minor has the capacity to consent to emergency shelter or care.

(f) A victim who is under 18 years of age [~~of family violence under 18 years of age~~] may consent to 24-hour-a-day shelter services provided by a shelter center, at any time and for any duration, if:

(1) the victim is married or has been married; or

(2) the victim has had the disabilities of minority removed for general purposes [~~(i.e., is legally emancipated)~~].

§356.611.Nonresidential Services for a Minor [~~Person Under 18 Years of Age~~].

(a) For the purposes of this section, "minor' means a person under 18 years of age who:

(1) is not and has not been married; or

(2) has not had the disabilities of minority removed for general purposes.

(b) [~~(a)~~] A shelter center may provide a nonresidential service to a minor if:

(1) the center provides emergency shelter or care to the minor under §356.610 [~~§379.610~~] of this division [~~subchapter~~] (relating to Emergency Shelter or Care for a [~~an Unaccompanied~~] Minor);

(2) the minor consents to counseling from a licensed or certified physician, psychologist, counselor, or social worker, under Texas Family Code §32.004, for:

(A) suicide prevention;

(B) chemical addiction or dependency; or

(3) the center obtains [~~has~~] consent from the minor's parent, managing conservator, or guardian to provide the minor with the nonresidential service; or

(4) the center otherwise complies with Texas Family Code[,] Chapter 32, even if the center does not obtain consent from the minor's parent, managing conservator, or guardian.

(c) [~~(b)~~] Notwithstanding subsection (b) [~~(a)~~] of this section, a victim who is [~~of family violence~~] under 18 years of age may consent to a nonresidential service provided by a shelter center if:

(1) the victim is married or has been married; or

(2) the victim has had the disabilities of minority removed for general purposes [~~(i.e., is legally emancipated)~~].

§356.612.Termination of Services.

(a) A center must develop, maintain, and comply with written policies and procedures that:

(1) outline behaviors that threaten the safety and security of [~~shelter~~] staff, other [~~and~~] residents, and nonresidents for which the center may terminate services [~~can be terminated~~];

(2) do not allow for termination of a resident's or nonresident's services, for any reason other than behaviors that threaten the safety and security of shelter staff, other residents, and nonresidents;

(3) allow considerations for residents and nonresidents to have contact with an abuser without grounds for termination;

(4) [~~(2)~~] address how current and former residents and nonresidents can appeal terminations and file complaints [~~grievances~~] with the center;

(5) [~~(3)~~] apply equally to all people; and

(6) [~~(4)~~] comply with: [~~the Americans with Disabilities Act, Title VI of the Civil Rights Act, §504 of the Rehabilitation Act, the Age Discrimination Act of 1975, and other applicable laws and regulations.~~]

(A) the laws and regulations described in §356.604 of this division (relating to Federal and State Laws Regarding Eligibility); and

(B) other applicable laws and regulations; and

(7) allow a resident or nonresident to voluntarily terminate their services at any time.

(b) Before the termination of [~~When terminating~~] services to a resident or a nonresident, regardless of [~~the residents or nonresidents,~~] whether the resident's or nonresident's termination is voluntary or involuntary [~~voluntarily or involuntarily~~], the center must make reasonable efforts to:

(1) assist the resident [~~residents~~] or nonresident [~~nonresidents~~] in re-evaluating the resident's or nonresident's [~~their~~] safety plan [~~plans~~];

(2) assist in obtaining alternate resources for the resident or nonresident [~~residents~~] whose services are terminated;

(3) provide written notice to the resident [~~residents~~] or nonresident [~~nonresidents~~] of the termination;

(4) provide written notice to the resident or nonresident of the right to file a complaint [~~grievance~~ ] with the center and an [~~the~~] explanation of the center's complaint [~~grievance~~] procedure; and

(5) upon request of the resident [~~residents~~ ] or nonresident [~~nonresidents~~], provide contact information for the Texas Health and Human Services Commission Family Violence Program for complaint purposes.

§356.613.General Confidentiality and Victim-Advocate Privilege Policy.

A center must have a written general confidentiality and victim-advocate privilege policy that provides:

(1) that the center will keep all information about a resident or nonresident [~~will be kept~~] confidential, including all personally identifying [~~personal~~] information and all communications, observations, and information made by and between or about adult and child residents and nonresidents, employees, contract staff, volunteers, [~~student~~] interns, and board members;

(2) a statement about the importance of confidentiality and victim-advocate privilege in maintaining the safety of:

(A) victims;

(B) victims' families;

(D) employees; and

(E) others related to the program;

(3) the parameters of what must be held confidential and by whom, including internal communications between staff regarding residents and nonresidents [~~clients~~];

(4) the limits of confidentiality under the law;

(5) the parameters of what must be held privileged, if claimed, and by whom, including internal communications between staff regarding residents and nonresidents;

(6) the limits of any victim-advocate privileged information under the law;

(7) [~~(5)~~] a designation of custodian of the records, including digital records; and

(8) [~~(6)~~] procedures for:

(A) retention and destruction of records;

(B) responses to court orders;

(D) reports of abuse or suspected abuse of:

(i) a child [~~children~~];

(ii) a person 65 years of age or older [~~the elderly~~]; and

(iii) a person [~~people~~] with a disability [~~disabilities~~];

(E) requests for information under the Texas Public Information Act;

(F) maintenance of records; and

(G) access to records that comply with confidentiality provisions in state and federal law.

§356.614.Confidentiality and Victim-Advocate Privileged Information for Adult Residents and Nonresidents.

(a) A center must provide to adult residents and nonresidents, verbally and in writing, [~~at least~~] the following information:

(1) that adult residents and nonresidents have the right to access [~~see~~] their records and the process by which the adult residents and nonresidents may access their records without incurring a fee;

(2) the kind of information recorded, why, and the methods of collection;

(3) who within the center has access to the resident's or nonresident's [~~case files and~~] records;

(4) an overview of the center's policy and practices on confidentiality;

(5) an overview of the center's policy and practices on victim-advocate privilege;

(6) [~~(5)~~] current state and federal laws regarding the limits of confidentiality and victim-advocate privilege under the law, including mandatory reporting for abuse or suspected abuse of:

(A) a child [~~children~~];

(B) a person who is 65 years of age or older [ ~~the elderly~~]; and

(7) [~~(6)~~] an overview of the center's policy for responding to court orders;

(8) [~~(7)~~] an overview of the center's policy for requests for information under the Texas Public Information Act;

(9) [~~(8)~~] an overview of the center's policy for release of information;

(10) [~~(9)~~] when the records will be decoded or destroyed; and

(11) [~~(10)~~] an overview of what kind of information will remain in the record after [~~file once~~] a resident or nonresident terminates services.

(b) If a center is unable to provide the information described in subsection (a) of this section in writing, the center must maintain documentation stating the reason why the information could not be provided in writing.

§356.615.Confidentiality and Victim-Advocate Privilege Agreements.

(a) A center must require that [~~have~~] all employees, contract staff, volunteers, board members, [~~student~~] interns, and adult residents and adult nonresidents sign a confidentiality and victim-advocate privilege agreement. The confidentiality and victim-advocate privilege agreement must have a provision that states that confidentiality and victim-advocate privilege must be maintained after an employee, contract staff, volunteer, board member, [~~student~~] intern, resident, or nonresident leaves the center. The signed confidentiality and victim-advocate privilege agreements must be placed:

(1) in the personnel file [~~files~~] of an employee [~~the employees~~];

(2) in the corporate record [~~records~~] of a [~~the~~] board member [~~members~~]; and

(3) in the individual file [~~files~~] of a contract staff, volunteer, intern, resident, and nonresident [~~volunteers, student interns, residents, and nonresidents~~].

(b) A center must have a written policy to ensure resident and nonresident confidentiality and victim-advocate privilege when there is a visitor on the premises in spaces where residents and nonresidents are present.

(c) If a victim is unable to physically sign the confidentiality and victim-advocate privilege agreement required in subsection (a) of this section due to a bona fide emergency:

(1) the victim must verbally agree to adhere to the confidentiality and victim-advocate privilege agreement; and

(2) the center must:

(A) maintain documentation of the verbal agreement; and

(B) obtain a signed agreement as soon as feasible from the victim.

(d) For the purposes of subsection (c) of this section, a "bona fide emergency" is one in which the victim has limited access to means of communication and may need to terminate communication abruptly in order to avoid detection of the communication by the victim's abuser.

§356.616.Confidentiality and Victim-Advocate Privilege Training.

A center must provide training annually to employees, board members, contract staff, volunteers, and interns who have access to personally identifying information[~~, and interns~~] on:

(1) confidentiality policies and procedures;

(2) victim-advocate privilege policies and procedures;

(3) [~~(2)~~] the importance of confidentiality for victims of family violence;

(4) [~~(3)~~] how information is recorded; [~~and~~]

(5) procedures for responding to court orders and any other requests for confidential or privileged information;

(6) [~~(4)~~] state and federal laws regarding confidentiality; and[.]

(7) state laws regarding the victim-advocate privilege under Texas Family Code Chapter 93.

§356.617.Information in Resident or Nonresident Records [~~Files~~].

A center must limit the information kept, both written and electronically, in a resident's or a nonresident's record [~~files~~] to information necessary for:

(1) statistical and funding purposes;

~~[(2) establishing goals for intervention and advocacy;]~~

(2) [~~(3)~~] documenting the survivor-stated need for and delivery of services; and

(3) [~~(4)~~] protecting the liability of the center and its employees, contract staff, volunteers, interns, and board members.

§356.618.Policies and Procedures Regarding Entries in a Resident or Nonresident Record [~~File~~].

(a) A center must develop, maintain, and comply with written policies and procedures regarding entries into a resident or nonresident record to [~~file that~~] require that:

(1) each entry in a resident or nonresident record [~~must~~] be attributed to and dated by the employee or volunteer entering the information;

(2) a resident's or nonresident's record does [~~a resident or nonresident file must~~] not include the names of other residents or nonresidents; and

(3) if the center provides direct services for both a [~~the~~] victim and an abuser, the center maintains a separate record on each, one for the victim and one for the abuser [~~the violent family member, the center must, at a minimum, maintain separate case records to promote victim safety and confidentiality~~].

(b) A center must develop, maintain, and comply with written policies and procedures that [to] ensure residents or nonresidents may [~~a resident or nonresident has~~] access and [to] review all information in their record [~~her or his case file~~].

(c) If a resident or nonresident contests an [~~a case file~~] entry in the resident's or nonresident's record [~~her or his file~~], the center must either:

(1) remove the entry from the record [~~file~~]; or

(2) if the entry is not removed, note in the record [~~case file~~] that the resident or nonresident contested [~~believes~~] the entry [~~to be inaccurate~~].

(d) A center may create and store entries into a resident or nonresident record [~~to files~~] electronically, provided that:

(1) electronic entries are secure and attributed to an individual, which may include password-protected system access; and

(2) records are kept in compliance with applicable state and federal laws, including 42 United States Code (U.S.C.) Chapter 110, the Family Violence Prevention and Services Act [~~(42 U.S.C. Chapter 110)~~], and §356.504 and §356.619 [~~§§379.504, 379.619, and 379.625~~] of this subchapter (relating to Security Policies and Procedures and[;] Maintaining Control Over [~~over~~] Resident and Nonresident Records. [~~Files; and Policies and Procedures for the Retention and Destruction of Documentation).~~]

§356.619.Maintaining Control Over [~~over~~] Resident and Nonresident Records [~~Files~~].

A center must develop, maintain, and comply with written procedures that:

(1) outline the responsibilities of the custodian of the records, designated by the center's executive director, for maintaining control over the residents' and nonresidents' [~~resident and nonresident~~] records, including a [~~the~~] court's access to the records;

(2) require residents' and nonresidents' [~~resident and nonresident~~] records to be kept secure and not be removed from the center's premises without the written permission of the custodian of the records;

(3) provide for the safekeeping of residents' and nonresidents' [~~resident and nonresident~~] records in the event of the center's closure; and

(4) allow residents and nonresidents to access their records in the event of the center's closure without assessing a fee.

§356.620.Release of Resident or Nonresident Information.

(a) A [~~The~~] center may not release resident or nonresident information, orally or in writing, unless the resident or nonresident completes a properly executed [~~only if it first obtains a written~~] release of information form created by the center, for the purpose of consenting to the release of the resident's or nonresident's information [~~of information from the resident or nonresident~~].

(b) Regardless of whether a center obtains a properly executed release of information form completed by a resident or nonresident [~~written release of information from a resident or nonresident is obtained~~], the center must release information in order to comply with the applicable state laws to report abuse or suspected abuse of:

(1) a child [~~children~~];

(2) a person who is 65 years of age or older [~~the elderly~~]; and

(3) a person [~~people~~] with a disability [~~disabilities~~].

(c) An abuser or suspected abuser of a minor or of an individual with a guardian, as well as the abuser or suspected abuser of a survivor parent of the minor or of the individual's guardian, may not consent to the release of the minor's or individual with a guardian's information.

(d) For the purposes of this section, "minor' means a person under 18 years of age.

§356.621.Release of Resident or Nonresident Information Form [~~Document~~].

The release of a resident's or nonresident's information form [~~document~~] must include the following:

(1) the name of no more than one person or one organization to which the information is being released;

(2) the specific information to be released;

(3) the beginning and ending dates the release is effective, not to exceed the resident's stay or the nonresident's active length of services;

(4) the date and the signatures of the resident or nonresident and the employee or volunteer releasing the information; and

(5) a statement of the resident's or nonresident's right to revoke, in writing, a release of information at any time. [~~This revocation request must be submitted in writing.~~]

§356.623.Procedures Regarding Court Orders.

A center must develop, maintain, and comply with written policies and procedures for responding to court orders, [~~such as~~] subpoenas, search warrants, and [or] writs of attachment. The written procedures must include:

(1) what to do when a process server arrives with a court order or other legal document;

(2) on whom court orders and other documents may be served, such as the custodian of the records, the executive director, or, in the executive director's absence, the designated staff;

(3) which attorney or attorneys [~~attorney(s)~~ ] should be contacted;

(4) the process by which the center will make reasonable attempts to provide notice to victims affected by a potential release of information;

(5) [~~(4)~~] who must [~~will~~] discuss the court order or other legal documents [~~subpoena~~] and legal options with the resident or nonresident or other victim of family violence, and at what point;

(6) [~~(5)~~] information about compliance with state and federal confidentiality and victim-advocate privilege provisions; [~~and~~]

(7) [~~(6)~~] the circumstances under which records may be released; and[.]

(8) an affirmative statement that the center will take steps necessary to protect the privacy and safety of the persons affected by the release of information under state and federal laws.

§356.626.Disruption in Providing Services.

(a) A center must develop, maintain, and comply with written policies and procedures for any disruption anticipated to last 24-hours or longer that may affect [in] the ability of the center to provide services in-person, by phone, or remotely.

(b) Any disruption in the ability to provide services must be [~~verbally~~] reported immediately to the Texas Health and Human Services Commission (HHSC).

(c) The report [~~After the initial verbal notification, the center must submit~~] to HHSC required by subsection (b) of this section must include a detailed[~~, within two weeks, a written~~] description of the disruption and how services will be or were maintained.

§356.627.[~~Maximum~~] Length of Stay for Shelter Center Residents.

(a) The Texas Health and Human Services Commission [~~(HHSC)~~] does not impose a maximum length of stay for a center resident.

(b) If a center has a maximum length of stay, it must have a written policy explaining its necessity and the length of the maximum stay.

(c) A center is required 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.

(d) A center's policies under §356.612 of this division (relating to Termination of Services) can be utilized within the 30-day minimum stay, if necessary.

§356.629.Resident's Belongings.

(a) A center must develop, maintain, and comply with written policies and procedures regarding the security of a resident's [~~residents'~~] belongings.

(b) A resident [~~Residents~~] must be informed in writing of:

(1) how long personal belongings will be stored if the resident leaves a [~~they leave the~~] 24-hour-a-day shelter; and

(2) what will happen to the resident's [~~their~~ ] items if the resident does [~~they do~~] not pick the items [~~them~~] up by the deadline.

§356.631.Community Education and Prevention.

(a) A center must have written policies and procedures about community education that:

(1) ensure [~~that~~] community education is provided to as many diverse groups as possible in each county where services are provided, including underserved communities;

(2) focus part of the community education on informing victims of family violence of existing family violence services; and

(3) comply with §356.608 and §356.638 [~~§379.608~~] of this division (relating to Access to Services for People with Limited English Proficiency and Access to Services for People with a Disability).

(b) When providing community education, a center may [~~must~~]:

(1) use presentations;

(2) use online media or virtual forums;

(3) [~~(2)~~] distribute written materials; and

(4) [~~(3)~~] establish and use media contacts.

§356.635.Content of Training for Non-Direct Service Volunteers.

If a [A] center has non-direct service volunteers, the center must provide non-direct service volunteers with:

(1) a basic orientation of the duties volunteers [~~they~~] perform;

(2) the center's policies and procedures regarding confidentiality and victim-advocate privilege; and

(3) at a minimum, basic information about the organization's mission, philosophy, and policies.

§356.636.Access to Services for People with a Disability.

(a) A center must:

(1) serve people with a disability and take reasonable steps to ensure meaningful access to the program;

(2) take appropriate steps to ensure that communications with a victim with a disability, a victim's dependents with a disability, and members of the public with a disability are as effective as communications with persons who do not have a disability; and

(3) furnish appropriate auxiliary aids and services when necessary to ensure that eligible individuals with a disability, including a victim, a victim's dependents, and members of the public, have equitable access to services.

(b) The auxiliary aids and services described in subsection (a)(3) of this section may include qualified interpreters and large print materials.

§356.637.Service Model.

A center must:

(1) develop, maintain, and comply with a written advocacy service model that is:

(A) voluntary;

(B) trauma-informed; and

(2) develop training requirements for all employees, contract staff, interns, and volunteers that provide direct services to survivors regarding the advocacy service model including the importance of and best practices for voluntary and trauma-informed services; and

(3) have written policies and procedures to evaluate the effectiveness of the service model and report the results to the Texas Health and Human Services Commission as requested.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405820

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

26 TAC §§356.603, 356.622, 356.624, 356.625, 356.630, 356.632, 356.633

STATUTORY AUTHORITY

The repeals affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.603.Eligibility.

§356.622.Court Orders.

§356.624.Notification of Court Orders.

§356.625.Policies and Procedures for the Retention and Destruction of Documentation.

§356.630.Cooperation with Criminal Justice Officials.

§356.632.Volunteer Program.

§356.633.Volunteer Recruitment.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405819

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 7. SERVICE DELIVERY

26 TAC §§356.701 - 356.711, 356.713, 356.714, 356.716, 356.718 - 356.720

STATUTORY AUTHORITY

§356.701.Shelter Center Services.

(a) A [~~The~~] center must provide, at a minimum, access to the following services, directly, by referral, or through formal arrangements with other agencies, and have written procedures regarding these services as described in this subchapter:

(1) 24-hour-a-day shelter;

(2) a crisis call hotline available 24 hours a day, in compliance with §356.608 and §356.636 of this subchapter (relating to Access to Services for People with Limited English Proficiency and Access to Services for People with a Disability);

(3) emergency medical care;

(4) crisis and intervention services, including [~~safety planning,~~] understanding and support, information, education, referrals, and other resource assistance;[~~, and individual service plans~~]

(5) emergency transportation;

(6) advocacy focused on:

(A) economic and housing stability;

(B) physical, behavioral, and mental health;

(D) the civil and criminal legal systems, including identifying individual needs, legal rights and legal options, and providing support and accompaniment in pursuing those options;

(7) ongoing safety planning services in collaboration with the self-stated priorities and needs of the victim of family violence;

(8) community education regarding family violence and family violence prevention efforts;

(9) counseling services; and

(10) peer support services led by victims of family violence, including activities and other efforts that facilitate connections and the creation of community among victims of family violence.

[(6) legal assistance in the civil and criminal justice systems, including identifying individual needs, legal rights and legal options and providing support and accompaniment in pursuing those options]

~~[(7) information about educational arrangements for children;]~~

~~[(8) information about training for and seeking employment; and]~~

~~[(9) a referral system to existing community services.]~~

(b) All services must be provided under a voluntary and trauma-informed service model as described in §356.637 of this subchapter (relating to the Service Model).

§356.702.Reporting Data to HHSC [~~Data Collection~~].

(a) A center must regularly report complete and accurate data through the secure file transport protocol designated [~~data collection system approved~~] by the Texas Health and Human Services Commission (HHSC)[~~, using service definitions in the Shelter Center Provider Manual~~]. Data submission is due by the deadline specified in the HHSC contract related to family violence service delivery. HHSC reserves the right to impose sanctions if a center does not submit complete and accurate data by the deadline specified in the contract [~~are not submitted on time~~].

(b) If extenuating circumstances exist, a center must contact HHSC via email before the due date of the data submission to request an extension of said due date.

[(b) In the event that the center may not be able to provide services due to a natural disaster or fire, the affected center will consult with HHSC regarding whether exceptions to data reporting deadlines and data collection service definitions should be made.]

(c) A center must contact HHSC via email within two business days of discovering data errors or inconsistencies that will result in the center's inability to report accurate data in a timely manner.

(d) [~~(c)~~] When collecting and reporting data, a [~~the~~] center must comply with state and federal confidentiality provisions. Data that a center submits must be in the aggregate and not contain personally identifying information.

(e) Resident and nonresident data collected by a center for HHSC reporting must be provided voluntarily by a resident or nonresident and the resident or nonresident may refuse to offer any element of data at any time.

(f) A center must notify HHSC within 24 hours after discovery of a data breach. Notification must include all information reasonably available to the center about the breach and contact information for the center's point of contact who will communicate with HHSC regarding the breach.

(g) A center must provide written notification to HHSC by the third business day after discovery of a data breach of the following:

(1) all reasonably available information about the data breach, and the center's investigation, to the extent practicable;

(2) the date the data breach occurred;

(3) the date of the center's and, if applicable, subcontractor's discovery of the data breach;

(4) a brief description of the data breach, including how it occurred and who is responsible (or hypotheses, if not yet determined);

(5) a brief description of the center's investigation into the data breach and the status of the investigation;

(6) a description of the types and amount of confidential information involved;

(7) the steps the center has taken to mitigate any harm or potential harm caused by the data breach, including without limitation the provision of sufficient resources to mitigate;

(8) the steps the center has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar data breach;

(9) identify and describe any law enforcement that may be involved in the response to the data breach;

(10) a reasonable schedule for the center to provide regular updates regarding response to the data breach, and

(11) any reasonably available pertinent information, documents, or reports related to the data breach that HHSC requests following the report of the data breach.

§356.703.Promoting Cooperative Living in the Shelter.

A center must[:]

[~~(1)~~] have a written cooperative living agreement that outlines what can be reasonably expected from the staff and residents, including the center's and residents' responsibilities. This agreement must:[~~; and~~]

(1) be posted in an area visible to residents;

(2) take into consideration the wellbeing and safety of all residents; and

(3) cannot be used as a means to terminate services, unless it also complies with §356.612 of this subchapter (relating to Termination of Services).

~~[(2) post this agreement in a visible area.]~~

§356.704.Crisis Call Hotline.

A center must:

(1) ensure that [~~answer the hotline 24 hours a day, every day of the year, by~~] an individual trained in crisis intervention, or who has immediate access to someone who has had [~~this~~] training, answers the crisis call hotline 24-hours-a-day, every day of the year;

(2) accept collect calls and anonymous incoming calls;

(3) list the hotline number across all relevant publications in the center's [~~in all telephone directories within the center's~~] service area and on the center's website, if applicable;

(4) provide a minimum of two hotline telephone lines;

(5) ensure that the caller has direct access to a live person who is trained to assess the caller's [~~person's~~ ] safety and that a messaging system is not used to answer the hotline;

(6) provide caller identification (ID) [ID ] blocks on the center's numbers for outgoing calls [~~to residents, nonresidents, and other victims of family violence, which may only be unblocked with permission from the resident, nonresident, or victim of family violence~~];

(7) ensure compliance [~~the screening process complies~~] with all state and federal laws, including the laws and regulations described in §356.604 of this subchapter (relating to Federal and State Laws Regarding Eligibility), when using [if] the hotline to determine [~~is used to screen for~~] eligibility for services;

(8) keep all hotline calls and any related documentation confidential;

(9) provide meaningful access to persons with disabilities, as required by §356.636 of this subchapter (relating to Access to Services for People with a Disability) [~~including victims of family violence with sensory and speech impairments~~];

(10) ensure the center can [~~is able to~~] provide meaningful access to people with limited English proficiency as required by §356.608 of this subchapter (relating to Access to Services for People with Limited English Proficiency); and

(11) if the center uses caller ID or any other technology that establishes a record of calls on the hotline[~~, the center must~~]:

(A) ensure there will not be a breach of confidentiality to third parties; and

(B) comply with the confidentiality requirements as specified in the contract for family violence services with HHSC [~~of §379.625 of this subchapter (relating to Policies and Procedures for the Retention and Destruction of Documentation)~~] regarding the records generated by caller ID or other technology.

§356.705.Transferring the Crisis Call Hotline.

(a) A center may transfer its crisis call hotline to another center only if:

(1) there is a telephone or staffing disruption that will last for more than twenty-four hours;

(2) the transferring center develops, maintains, and complies with written policies and procedures that address how the center receiving the transferred hotline calls meets the Texas Health and Human Services Commission's (HHSC) training requirements for all direct service staff and ensures immediate access to the receiving center's 24-hour-a-day services; and

(3) the transferring center obtains HHSC's approval of the arrangement with the center receiving the transferred calls.

(b) A center may transfer its crisis call hotline without obtaining HHSC's approval as described in subsection (a) of this section only when the center transfers the hotline to the National Domestic Violence Hotline.

§356.706.Medical Care.

A center is not required to provide or pay for emergency medical care, but must:

(1) maintain [~~Maintain~~] a current list of [~~emergency~~] medical care resources that meet the diverse needs of survivors, including preventative care, and that can provide medical services for victims of family violence and their dependents, including, when available:[~~; and~~]

(A) local affordable options; and

(B) local physical, behavioral, and mental health resources;

(2) develop [~~Develop~~], maintain, and comply with written policies and procedures about providing or arranging for emergency transportation to and from emergency medical facilities for shelter residents or victims of family violence and their dependents being considered for acceptance as residents; and [.]

(3) maintain and provide standard first aid medical supplies that are accessible to residents 24-hours-a-day.

§356.707.Residents' Medications.

A center must develop, maintain, and comply with written policies and procedures regarding all prescribed and non-prescribed medications used by residents, including [~~but not limited to~~]:

(1) self-administration of drugs and medications;

(2) methods for safekeeping of drugs and medications;

(3) staff's role relating to safekeeping of drugs and medications; and

(4) a system that ensures adult residents have direct and [or] immediate access to their own and their children's medication.

§356.708.Resident's Orientation.

(a) A center must ensure that an orientation is provided to a resident verbally [~~orally~~] and in writing, no later than 72 hours from entry into services. The orientation must be documented and comply with the requirements in this chapter as appropriate, and the Family Violence Prevention and Services Act (42 United States Code (U.S.C.) Chapter 110) regulations. The orientation must include [~~within 24 hours, is documented, and includes but is not limited to~~]:

(1) an explanation of services available;

(2) cooperative living agreement;

(3) minimum length of stay;

(4) the center's termination policy;

(5) residents' rights;

(6) a nondiscrimination statement, in accordance with the Family Violence Prevention and Services Act (42 U.S.C. Chapter 110);

(7) complaint [~~grievance~~] procedures;

(8) contact information for the Texas Health and Human Services Commission (HHSC), as specified in the center's contract with HHSC;

(9) [~~(8)~~] safety and security procedures, including medication;

(10) [~~(9)~~] information about confidentiality and limits of confidentiality, as well as victim-advocate privilege and limits of victim-advocate privilege as required by §356.614 of this subchapter (Relating to Confidentiality and Victim-Advocate Privileged Information for Adult Residents and Nonresidents);

(11) [~~(10)~~] waivers of liability; and

(12) [~~(11)~~] a wellness check for all family members that addresses each person's [~~their~~ ] immediate needs.

(b) If a center is unable to provide the resident orientation in writing, the center must maintain documentation of the reason.

§356.709.Nonresident's Orientation.

(a) A center must ensure that an orientation is provided to a nonresident verbally and in writing during intake. The orientation must be documented and comply with the requirements of this chapter as appropriate, as well as the Family Violence Prevention and Services Act, at 42 United States Code (U.S.C.) Chapter 110, and the Family Violence Prevention and Services Act regulations, at 45 Code of Federal Regulations (C.F.R.) Part 1370. The orientation must include [~~orally and in writing, is documented, and includes, but is not limited to~~]:

(1) an explanation of services available;

(2) the center's termination policy;

(3) nonresidents' rights;

(4) a nondiscrimination statement, in accordance with the Family Violence Prevention and Services Act (42 U.S.C. Chapter 110);

(5) the center's complaint [~~grievance~~] procedures;

(6) contact information for the Texas Health and Human Services Commission (HHSC), as specified in the center's contract with HHSC;

(7) [~~(6)~~] safety and security procedures;

(8) [~~(7)~~] information about confidentiality and limits of confidentiality, as well as victim-advocate privilege and limits of victim-advocate privilege as required by §356.614 of this subchapter (relating to Confidentiality and Victim-Advocate Privileged Information for Adult Residents and Nonresidents);

(9) [~~(8)~~] waivers of liability; and

(10) [~~(9)~~] a wellness check for all family members that addresses each person's [~~their~~] immediate needs.

(b) If a center is unable to provide the person orientation in writing, the center must maintain documentation of the reason.

§356.710.Needs Assessment.

(a) A center must document in writing each resident's and nonresident's self-stated needs and requests for available services to address these needs.

(b) A center must attempt to re-evaluate the needs of the resident or nonresident regularly and at re-entry to the center.

(c) A center must not use a resident's or nonresident's needs assessment to require the resident or nonresident to participate in services.

§356.711.Support Groups[~~Group Intervention~~].

A center must[:]

[~~(1)~~] provide at least one weekly voluntary support group for adult residents and adult nonresidents.[~~; and~~]

~~[(2) not mandate adult resident or adult nonresident attendance at weekly support groups.]~~

§356.713.Delivery of Children's Direct Services.

The center must:

(1) have developmentally appropriate services available that are specific to meet the needs of children;

(2) provide transportation or make transportation arrangements for child residents who attend school;

(3) provide or arrange for school supplies and clothing for child residents;

(4) provide at least one weekly voluntary, developmentally appropriate, [a] support group for child residents [~~at least weekly, when age appropriate~~];

(5) provide at least one weekly, voluntary, developmentally appropriate [a] recreational or social group for child residents [~~at least weekly~~]; and

(6) offer information and referral services for nonresident children if nonresident services are offered to the child's parent.

§356.714.[~~Intervention~~]Services for Children Residing in the Shelter.

A center must offer developmentally appropriate [~~provide intervention~~] services to child residents, including [~~that are age-appropriate and include~~]:

~~[(1) procedures ensuring new child residents and/or parent residents have face-to-face contact with the designated children's staff and that this contact is documented;]~~

(1) [~~(2)~~] strategies to enhance safety, including:

(A) safe use of technology;

(B) safety within the shelter environment; and

(2) [~~(3)~~] developmentally appropriate and trauma-informed understanding and support, including:

(A) addressing needs identified by the child residents or parent residents [~~victim~~]; and

(B) activities and information aimed at building self-esteem, problem solving, and recognizing that the child is not responsible for the violence; and

(3) [~~(4)~~] information about:

(A) [~~possible~~] support systems;

(B) available resources, including local partnerships within the community, particularly any resources with expertise in underserved populations, when available;

(D) dynamics of family violence and trauma; and

(E) healthy relationships.

§356.716.Child Care Permit.

A center that provides child care may be subject to Texas Health and Human Services Commission (HHSC) regulation under Texas Human Resources Code Chapter 42, and relevant sections of Chapter 745, Chapter 743, and Chapter 746 of this title (relating to Licensing, Minimum Standards for Shelter Care, and Minimum Standards for Child-Care Centers, respectively), and any other relevant set of minimum standards.

§356.718.Educational Services for Children of Adult Residents.

(a) A center must inform an adult resident about educational services for the resident's [~~her or his~~] child.

(b) A center must maintain knowledge of educational services available within the local community.

(1) help the resident make arrangements for the child's continued education, including transportation;

(2) accompany the resident to school meetings regarding the child's [~~special~~] needs; and

(3) act as a liaison to the school regarding provisions in a protective order that may directly affect the child's safety.

(d) [~~(c)~~] A center must develop, maintain, and comply with written policies and procedures regarding its educational services for children.

§356.719.Client Assistance Funds.

(a) A center must develop, maintain, and comply with written policies and procedures regarding residents' and nonresidents' access to client assistance funds, when funds are available, that are consistent and equitable.

(b) A center must provide direct client assistance funds to residents and nonresidents in compliance with the laws and regulations described in §356.604 of this subchapter (relating to Federal and State Laws Regarding Eligibility).

§356.720.Counseling Services.

(a) A center must ensure counseling services are available to residents and nonresidents either by:

(1) employees, contract staff, interns, or volunteers of the center; or

(2) counseling services providers contracted by the family violence center.

(b) If a center is unable to provide counseling services in accordance with subsection (a) of this section, the center may offer a referral to a counseling service that is no cost to the resident or nonresident.

(c) Counseling services may include both traditional and non-traditional modalities of counseling and support to meet the mental health and wellness needs of residents and nonresidents.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405822

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

26 TAC §§356.705, 356.710, 356.712, 356.716, 356.717, 356.719

STATUTORY AUTHORITY

The repeals affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.705.Subcontracting the Crisis Call Hotline.

§356.710.Service Plan.

§356.712.Religion and Intervention Services.

§356.716.Texas Department of Family and Protective Services' (DFPS) Child Care Permit.

§356.717.Legal Assistance Services.

§356.719.Training and Employment Services.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405821

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

SUBCHAPTER C. SPECIAL NONRESIDENTIAL PROJECT CENTERS [~~PROJECTS~~]

DIVISION 1. BOARD OF DIRECTORS

26 TAC §356.803

STATUTORY AUTHORITY

The amendment affects Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.803.Confidentiality.

Each board member of a special nonresidential project center must:

(1) provide written assurance that the member is knowledgeable of and will [~~know and~~] comply with the confidentiality requirements of this chapter and the center's policies [~~Health and Human Services Commission's rules and the contractor's policies related to confidentiality~~]; and

(2) if the center [~~project~~] provides direct services, provide written assurance to the center [~~contractor~~] that the board member will not use the position to obtain or access confidential program participant information when not authorized.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405823

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 2. CONTRACT STANDARDS

26 TAC §356.901, §356.902

STATUTORY AUTHORITY

The amendments affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.901.Internal Monitoring System.

A center [~~contractor~~] must develop, maintain, and comply with a written internal monitoring system to evaluate the following:

(1) the quality of the special project's services;

(2) the accuracy of the fiscal and programmatic documentation; and

(3) compliance with the policies and procedures specified in the center's [~~contractor's~~] contract with the Texas Health and Human Services Commission.

§356.902.Requesting a [~~Variance or~~] Waiver.

[~~(a)~~] To request a variance or waiver from a specific requirement in this subchapter, the center [~~contractor's board~~] must submit a completed Family Violence Program Waiver Request Form prescribed by the Texas Health and Human Services Commission demonstrating the need for the [~~variance or~~] waiver.

~~[(b) A contractor's board may submit a request for a variance or waiver up to 90 calendar days after the end of the contract year for which the variance or waiver is requested.]~~

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405824

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 3. FISCAL MANAGEMENT

26 TAC §§356.1001 - 356.1003

STATUTORY AUTHORITY

§356.1001.Accounting System Requirements.

A center [~~The contractor~~] must maintain an accounting system and records that:

(1) follow Generally Accepted Accounting Principles (GAAP);

(2) [~~(1)~~] record [~~records~~ ] revenue and expenditures [~~using generally accepted accounting principles~~];

(3) [~~(2)~~] establish [~~includes~~] a chart of accounts that lists all accounts by an assigned number;

(4) [~~(3)~~] contain [~~contains~~ ] a general ledger and subsidiary ledgers;

(5) [~~(4)~~] maintain accounting [~~maintains supporting~~] documentation for all revenue and expenditures, including[~~, but not limited to~~]:

(A) receipts or vouchers for revenue;

(B) bank statements reconciled to the general ledger bank accounts;

(D) [~~(C)~~] canceled checks;

(E) [~~(D)~~] deposit slips;

(F) [~~(E)~~] approved invoices;

(G) [~~(F)~~] receipts;

(H) [~~(G)~~] leases;

(I) [~~(H)~~] contracts;

(J) [~~(I)~~] time and activity sheets;

(K) [~~(J)~~] inventory; and

(L) [~~(K)~~] cost allocation and indirect cost worksheets;

(6) [~~(5)~~] identify [~~identifies~~] all funding sources and expenditures by separate fund type; and

(7) [~~(6)~~] use [~~uses~~] a double-entry accounting system, either cash, accrual, or modified accrual.

§356.1002.Cash or Non-Cash [~~Cash/Non-cash~~] Resources Documentation.

A center [~~contractor~~] must develop, maintain, and comply with written internal policies and procedures to accurately document the non-Texas Health and Human Services Commission (HHSC) cash or non-cash [~~cash/non-cash~~] resources required by HHSC under Texas Human Resources Code §51.003 [~~funding sources~~].

§356.1003.Fraud, Waste, and Abuse.

(b) In addition to reporting to HHSC, the center must also report the fraud, waste, or abuse to the Office of Attorney General or the State Auditor's Office.

(c) The center must fully cooperate with HHSC, the Office of Attorney General, the State Auditor's Office, or any other state or federal regulatory agency involved in the investigation of the allegation of fraud, waste, or abuse.

(d) A center must not unlawfully disclose any personally identifying information of a victim in the course of reporting fraud, waste, or abuse.

(e) The center must comply with 42 United States Code (U.S.C.) Chapter 110, the Family Violence Prevention and Services Act, and Texas Family Code Chapter 93 during the investigation.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405825

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 4. PERSONNEL

26 TAC §§356.1101 - 356.1103, 356.1105

STATUTORY AUTHORITY

The amendments affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.1101.Personnel Policies.

A center [~~contractor~~] must develop, maintain, and comply with written personnel policies, approved by the board [~~Board~~] of directors [~~Directors~~], and procedures for its personnel handbook that standardize the everyday actions and conduct of all employees. All employees must have ongoing access to the personnel handbook. Employees [~~and~~] must be notified of new or changed personnel policies in accordance with center policies in a timely manner. The handbook must address [~~at a minimum~~] the following:

(1) contract [~~Contract~~] labor;

(2) conflicts [~~Conflict~~] of interest;

(3) family [~~Domestic~~] violence in the workplace to include support for any staff experiencing family violence and violence occurring at the workplace;

(4) nepotism [~~Nepotism~~];

(5) a hiring [~~Hiring~~] process that is uniform for all candidates for a particular position and includes:

(A) job [~~Job~~] posting;

(B) job [~~Job~~] descriptions with essential job functions;

(D) checking references [~~Reference checking~~] and responding to reference checks [~~checking~~];

(6) rules [~~Rules~~] of conduct;

(7) hours [~~Hours~~] and days of operation;

(8) employee [~~Employee~~] benefits, including the accrual and use of paid time off [~~leave~~];

(9) an employee's [~~Employees'~~] right to access the employee's [~~their~~] personnel file [~~files~~];

(10) written [~~Written~~] and oral employee orientation, initial training, and employee development;

(11) confidentiality [~~Confidentiality~~] requirements of employee personnel files [~~records~~];

(12) employee evaluations [~~Employee evaluation~~];

(13) involuntary [~~Involuntary~~] and voluntary termination; and

(14) a complaint process for [~~Grievances originating from~~] current and former employees, including the center's process for responding to a complaint.

§356.1102.Personnel Files.

A center [~~contractor~~] must maintain a personnel file for each employee. Each file must include [~~at least~~] the following information:

(1) employment [~~Employment~~] application or resume;

(2) current job [~~Job~~] descriptions;

(3) signed [~~Signed~~] acknowledgement of confidentiality agreement to be updated annually;

(4) signed [~~Signed~~] acknowledgment of receipt of the center's current personnel [~~policies and procedures~~] handbook as described in §356.1101 of this division (relating to Personnel Policies);

(5) performance [~~Performance~~] evaluations for every year of employment in accordance with the center's personnel policies;

(6) documentation [~~Documentation~~] of orientation, initial training, and employee development;

(7) any [~~Any~~] status or classification change;

(8) all [~~All~~] disciplinary actions and related documentation, if any; and

(9) letters [~~Letters~~] of praise or criticism, if any.

§356.1103.Drug and Alcohol Policy.

If under the jurisdiction of the Drug-Free Workplace Act, a center [~~contractor~~] must develop, maintain, and comply with a written drug and alcohol policy that includes the following:

(1) prohibition of [~~illegal~~] use or [~~illegal~~ ] possession of alcohol, illegal drugs, or drugs for which the employee does not have a prescription, if a prescription is required to possess the drug, while on duty;

(2) a statement of practice rooted [~~belief~~ ] in a treatment and recovery approach;

(3) a stated concern for employees and their recovery efforts;

(4) information on available programs and systems for assistance; and

(5) a statement of confidentiality.

§356.1105.Ongoing Employee Training [~~Staff Development~~].

(a) Every year, each employee must receive oral or written information regarding:

(1) confidentiality requirements, including the center's policies for complying with requirements;

(2) federal, state, and program requirements as applicable to an employee's job description, including the requirements outlined in:

(A) this subchapter;

(B) 42 United States Code (U.S.C.) Chapter 110, the Family Violence Prevention and Services Act; and

(3) information on the intersection of family violence and barriers to underserved populations, as well as a description of the organization's client and community demographics.

~~[(a) Direct service employees and their direct supervisors must receive relevant training or staff development on topics related to their job descriptions as family violence center employees.]~~

(b) Direct service employees and their supervisors must also receive yearly training on the following:

(1) best practices in family violence service delivery, including:

(A) trauma-informed and survivor-centered advocacy and voluntary services;

(B) access to services for underserved populations, including populations with disabilities;

(D) the intersection of family violence and substance use;

(E) technology and data safety; and

(F) language and interpretation accessibility; and

(2) relevant training or staff development on topics related to their job descriptions as family violence center employees.

(c) [~~(b)~~] Direct service supervisors must [~~should~~] receive training that is relevant to the job descriptions of the people they supervise.

(d) Employees with access to personally identifying information must receive annual training in compliance with §356.1313 of this subchapter (relating to Confidentiality Training).

(e) [~~(c)~~] The training described in this section [~~Training~~] may be provided virtually or in person [~~electronically~~].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405826

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 5. FACILITY, SAFETY, AND HEALTH REQUIREMENTS

26 TAC §356.1201, §356.1202

STATUTORY AUTHORITY

The amendments affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.1201.Facility Requirements for the Special Nonresidential Project.

A center's [~~The contractor's~~] facilities must have:

(1) [~~have~~] access to a private meeting area and [~~includes~~] adequate safe space for children;

(2) a stocked first-aid kit in each facility in central locations and communal spaces, as specified by center policy, that is accessible to all employees, [~~and~~] volunteers, and program participants;

(3) secure, clearly marked locations to store cleansers, solvents, and other hazardous items out of reach from children;

(4) access to bathroom facilities, including toilets and lavatories;

(5) [~~(3)~~] clearly marked exits; [~~and~~]

(6) smoke detectors, fire extinguishers, current fire inspections, and fire evacuation plans; and

(7) [~~(4)~~] basic furnishings that are clean and in good repair.

§356.1202.Security System Policies and Procedures.

(a) A center [~~contractor~~] must develop, maintain, and comply with written policies and procedures to promote the safety and security of program participants, employees, and volunteers as appropriate for the project. The written policies and procedures must address technology safety and data security.

(b) If the special nonresidential project center provides direct services, the center [~~contractor~~] must have a security system that is operational 24-hours-a-day [~~24 hours a day~~]. The security system must [~~may~~] include[~~, but is not limited to~~] an alarm system, outside [~~special~~] lighting, and secure locks [~~dead bolts, and agreements with local law enforcement~~].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405827

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 6. PROGRAM ADMINISTRATION

26 TAC §§356.1301 - 356.1304, 356.1306, 356.1308 - 356.1313, 356.1315 - 356.1319, 356.1321, 356.1324, 356.1325

STATUTORY AUTHORITY

§356.1301.Required Services.

At a minimum, a center [~~the contractor~~] must provide equal access to the services for victims of family violence that are outlined in 42 United States Code (U.S.C.) Chapter 110, the Family Violence Prevention and Services Act, and Texas [~~the~~] Human Resources Code[,] Chapter 51.

§356.1302.Charging for Services.

A center may not [~~contractor cannot~~] charge or solicit contributions or donations in return for Texas Health and Human Services Commission-contracted services.

§356.1303.Eligibility.

(a) The following individuals are eligible for services under this chapter:

(1) victims of family violence and dating violence; and

(2) victims of sexual assault and human trafficking when the sexual assault or human trafficking meets the definition of family violence or dating violence.

(b) All victims described in this section are eligible for services regardless of the victim's current geographic location.

§356.1304.Federal and State Laws Regarding Eligibility.

When determining eligibility for services for a special nonresidential project, a center [~~the contractor~~] must comply with the following applicable state and federal laws and any amendments made to each of these laws. Policies and procedures must be written to ensure compliance with:

~~[(1) Human Resources Code, Chapter 51;]~~

(1) [~~(2)~~] 42 United States Code (U.S.C.) §2000d, et seq., Title VI of the Civil Rights Act of 1964 [~~(Public Law 88-352)~~];

(2) [~~(3)~~] 29 U.S.C. §701, et seq., Section 504 of the Rehabilitation Act of 1973 [~~(Public Law 93-112)~~];

(3) [~~(4)~~] 42 U.S.C. §12101, et seq., Americans with Disabilities Act of 1990 [~~(Public Law 101-336)~~];

(4) [~~(5)~~] 42 U.S.C. §§6101 - 6107, Age Discrimination Act of 1975 [~~(42 U.S.C. §§6101-6107)~~];

(5) 42 U.S.C. Chapter 110, the Family Violence Prevention and Services Act;

(6) Texas Human Resources Code Chapter 51;

(7) Texas Health and Safety Code §85.113, relating to Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus Infection; and

(8) [~~(6)~~] Texas Health and Human Services Commission regulations regarding civil rights.[;]

~~[(7) Texas Health and Safety Code, §85.113, relating to HIV/AIDS; and]~~

~~[(8) the Family Violence Prevention and Services Act (42 U.S.C. Chapter 110).]~~

§356.1306.Denial of Services.

A center may not [~~contractor can~~] deny services to an otherwise eligible victim as described in §356.1303 of this division (relating to Eligibility) unless the center adopts [~~of family violence only if it has~~] written policies in accordance with this section that outline specific reasons or behaviors that would make a victim ineligible for such services. Under this section, these [~~These~~] policies must:

(1) address only behaviors that threaten the safety and security of staff and program participants;

(2) apply equally to all people;

(3) comply with the laws and regulations described in §356.1304 of this division (relating to Federal and State Laws Regarding Eligibility); and

(4) contain procedures that take into consideration the safety of a victim and require appropriate referrals to other service providers.

§356.1308.Nonresidential Services for a Minor [~~Person Under 18 Years of Age~~].

(a) For the purposes of this section, "minor" means a person under 18 years of age who:

(1) is not and has not been married; or

(2) has not had the disabilities of minority removed for general purposes.

(b) [~~(a)~~] A center [~~contractor~~] may provide a nonresidential service to a minor if:

(1) the minor consents to counseling from a licensed or certified physician, psychologist, counselor, or social worker, under Texas Family Code §32.004, for:

(A) suicide prevention;

(B) chemical addiction or dependency; or

(2) the center obtains [~~contractor has~~] consent from the minor's parent, managing conservator, or guardian to provide the minor with the nonresidential service; or

(3) the center [~~contractor~~] otherwise complies with Texas Family Code[,] Chapter 32, even if the center [~~project~~] does not obtain consent from the minor's parent, managing conservator, or guardian.

(1) the victim is married or has been married; or

(2) the victim has had the disabilities of minority removed for general purposes [~~(i.e., is legally emancipated)~~].

§356.1309.Termination of Services.

(a) A center [~~contractor~~] must develop, maintain, and comply with written policies and procedures that:

(1) outline behaviors that threaten the safety and security of staff and other program participants for which the center may terminate services [~~can be terminated~~];

(2) do not allow for termination of a program participant's services for any reason other than behaviors that threaten the safety and security of staff and other program participants;

(3) allow considerations for program participants to have contact with an abusive partner without grounds for termination;

(4) [~~(2)~~] address how current and former program participants can appeal terminations and file complaints [~~grievances~~] with the center [~~contractor~~];

(5) [~~(3)~~] apply equally to all people; [~~and~~]

(6) [~~(4)~~] comply with:

(A) the laws and regulations described in §356.604 of this division (relating to Federal and State Laws Regarding Eligibility); and

(B) other applicable laws and regulations; and

(7) allow a resident or nonresident to voluntarily terminate their services at any time [~~the Americans with Disabilities Act, Title VI of the Civil Rights Act, §504 of the Rehabilitation Act, the Age Discrimination Act of 1975, and other applicable laws and regulations~~].

(b) Before the termination of [~~When terminating~~] services to a program participant, regardless of [~~participants,~~] whether the program participant's termination is voluntary [~~voluntarily~~] or involuntary [~~involuntarily~~], the center [~~contractor~~] must make reasonable efforts to:

(1) assist the program participant [~~participants~~ ] in re-evaluating the participant's [~~their~~] safety plan [~~plans~~];

(2) assist in obtaining alternate resources for the program participant [~~participants~~] whose services are terminated;

(3) provide written notice to the program participant of the termination;

(4) provide written notice to the program participant of the right to file a complaint [~~grievance~~] with the center [~~contractor~~] and an [~~the~~] explanation of the center's complaint [~~contractor's grievance~~] procedure; and

(5) upon request of the program participant, provide contact information for the Texas Health and Human Services Commission's Family Violence Program for complaint purposes.

§356.1310.General Confidentiality Policy.

A center [~~contractor~~] must have a written general confidentiality policy that:

(1) demonstrates that services will be delivered in a manner that ensures program participant confidentiality regarding records and information if the special nonresidential project provides direct services;

(2) includes a statement about the importance of confidentiality in maintaining the safety of:

(A) victims;

(B) victims' families;

(D) employees; and

(E) others related to the program;

(3) indicates the parameters of what must be held confidential and by whom, including internal communications to staff regarding program participants [~~clients~~]; [~~and~~]

(4) indicates the limits of confidentiality under the law;[.]

(5) designates the custodian of the records, including digital records; and

(6) includes procedures for:

(A) retention and destruction of records, including digital records;

(B) responses to court orders;

(D) reports of abuse or suspected abuse of:

(i) a child;

(ii) a person 65 years of age or older; and

(iii) a person with a disability;

(E) requests for information under the Texas Public Information Act;

(F) maintenance of records; and

(G) access to records that comply with confidentiality provisions in state and federal law.

§356.1311.Confidentiality Information for Program Participants.

(a) If direct services are provided to adult program participants, the center [~~contractor~~] must provide the program participants, verbally and in writing, at least the following:

(1) that program participants have the right to access their records and the process by which program participants may access their records without incurring a fee [~~the right to see their records~~];

(2) the kind of information recorded, why, and the methods of collection;

(3) who within the organization has access to the program participants' case files and records;

(4) an overview of the center's [~~contractor's~~ ] policy and practices on confidentiality;

(5) current state and federal laws regarding the limits of confidentiality under the law, including mandatory reporting for abuse or suspected abuse of:

(A) a child [~~children~~];

(B) a person 65 years of age and older [~~the elderly~~]; and

(6) an overview of the center's [~~contractor's~~ ] policy for responding to court orders;

(7) an overview of the center's [~~contractor's~~ ] policy for requests for information under the Texas Public Information Act;

(8) an overview of the center's [~~contractor's~~ ] policy for release of information;

(9) when the records will be decoded or destroyed; and

(10) an overview of what information will remain in the record after [~~file once~~] a program participant terminates services.

§356.1312.Confidentiality Agreements.

(a) A center [~~contractor~~] must require that [~~have~~] all employees, contract staff, volunteers, board members, [~~student~~] interns, and adult program participants sign a confidentiality agreement. The confidentiality agreement must have a provision that states that confidentiality must be maintained after an employee, contract staff, volunteer, board member, [~~student~~] intern, or program participant leaves the project. The signed confidentiality agreements must be placed:

(1) in the personnel file [~~files~~] of an employee [~~the employees~~];

(2) in the corporate record [~~records~~] of a [~~the~~] board member [~~members~~]; and

(3) in the individual files of contract staff, volunteers, interns, and program participants [~~volunteers, student interns, and program participants~~].

(b) A center must have a written policy to ensure program participant confidentiality when there is a visitor on the premises in spaces where program participants are present.

(1) the agreeing party must provide verbal agreement to adhere to the confidentiality agreement; and

(2) the center must:

(A) maintain documentation of the verbal agreement; and

(B) obtain a signed agreement as soon as feasible for the agreeing party.

§356.1313.Confidentiality Training.

A center [~~contractor~~] must provide training annually to employees, board members, contract staff, volunteers, and interns who have access to personally identifying information, [~~and interns~~] on:

(1) confidentiality policies and procedures;

(2) the importance of confidentiality for victims of family violence;

(3) how information is recorded; [~~and~~]

(4) procedures for responding to court orders and any other requests for confidential information; and

(5) [~~(4)~~] state and federal laws regarding confidentiality.

§356.1315.Information in Program Participant Records [~~Files~~].

If a special nonresidential center [~~project~~] provides direct services, the center [~~a contractor~~] must limit the information kept, both written and electronically, in a program participant's record [~~files~~] to information necessary for:

(1) statistical and funding purposes;

~~[(2) establishing goals for intervention and advocacy;]~~

(2) [~~(3)~~] documenting the survivor-stated need for and delivery of services; and

(3) [~~(4)~~] protecting the liability of the center and the center's [~~contractor and its~~] employees, contract staff, volunteers, interns, and board members.

§356.1316.Policies and Procedures Regarding Entries in a Program Participant's Record [~~File~~].

(a) If a special nonresidential center [~~project~~ ] involves direct services, the center [~~a contractor~~ ] must develop, maintain, and comply with written policies and procedures regarding entries into a program participant's record [~~file~~] that require that:

(1) each entry [~~must~~] be attributed to and dated by the employee or volunteer entering the information;

(2) the [a] program participant record does [~~file must~~] not include the names of other program participants; and

(3) if the center [~~contractor~~] provides direct services for both a [~~the~~] victim and an abuser, the center maintains a separate record for each, one for the victim and one for the abuser [~~the violent family member, the contractor must, at a minimum, maintain separate case records to promote victim safety and confidentiality~~].

(b) A center [~~contractor~~] must develop, maintain, and comply with written policies and procedures to ensure a program participant may have [~~has~~] access and [to] review all information in the program participant's record [~~her or his case file~~].

(c) If a program participant contests an [~~a case file~~] entry in the program participant's record [~~her or his file~~], the center [~~contractor~~] must either:

(1) remove the entry from the record [~~file~~]; or

(2) if the entry is not removed, note in the record [~~case file~~] that the program participant has contested [~~believes~~] the entry [~~to be inaccurate~~].

(d) A center [~~contractor~~] may create and store entries to a program participant's record [~~files~~] electronically, provided that:

(1) electronic entries are secure and attributed to an individual, which may include password-protected system access; and

(2) records are kept in compliance with applicable state and federal laws, including 42 United States Code (U.S.C.) Chapter 110, the Family Violence Prevention and Services Act [~~(42 U.S.C. Chapter 110),~~] and §§356.1202, 356.1317, and 356.1323 [~~§§379.1202, 379.1317, and 379.1323~~] of this subchapter (relating to Security System Policies and Procedures; Maintaining Control Over [~~over~~] Program Participant Records [~~Files~~]; and Policies and Procedures for the Retention and Destruction of Documentation).

§356.1317.Maintaining Control Over [~~over~~] Program Participant Records [~~Files~~].

A center [~~contractor~~] must develop, maintain, and comply with written procedures that:

(1) outline the responsibilities of the custodian of the records, designated by the center's [~~contractor's~~] executive director, for maintaining control over [~~the~~] program participants' [~~participant~~] records, including a [~~the~~] court's access to the records;

(2) require program participants' [~~participant~~ ] records are [~~to be~~] kept secure and not [be] removed from the center's premises without the written permission of the custodian of the records;

(3) provide for the safekeeping of program participants' [~~participant~~] records in the event of the center's [~~contractor's~~] closure; and

(4) allow a program participant to access the program participant's record [~~her or his records~~] in the event of the center's [~~contractor's~~] closure without assessing a fee.

§356.1318.Release of Program Participant Information.

(a) A center may not release program participant information, orally or in writing, unless the program participant completes a properly executed release of information form created by the center, for the purpose of consenting to the release of the program participant's information.

(b) This rule does not apply when responding to subpoenas, court orders, or other requests for information with which a center is legally required to comply. However, this subsection does not prohibit a center from asserting any relevant objections, claims of privilege, or other legally permissible responses prior to releasing such information.

~~[(a) A contractor may release information, orally or in writing, only if the contractor first obtains a written release of information from the program participant].~~

(c) [~~(b)~~] Regardless of whether a center obtains a properly executed [~~written~~] release of information form completed by [~~from~~] a program participant, the center [~~is obtained, the contractor~~] must release information in order to comply with the applicable state laws to report abuse or suspected abuse of:

(1) a child [~~children~~];

(2) a person who is 65 years of age or older [~~the elderly~~]; and

(3) a person [~~people~~] with a disability [~~disabilities~~].

(d) An abuser or suspected abuser of a minor or of an individual with a guardian, as well as the abuser or suspected abuser of a survivor parent of the minor or of a guardian of an individual, may not consent to the release of the information of the minor or the individual with a guardian.

(e) For the purposes of this section, "minor" means a person under 18 years of age.

§356.1319.Release of Program Participant Information Form [~~Document~~].

The release of a program participant's information form [~~document~~] must include the following:

(1) the name of no more than one person or one organization to which the information is being released;

(2) specific information to be released;

(3) the beginning and ending dates the release is effective, not to exceed the program participant's active length of services;

(4) the date and the signatures of the program participant and the employee or volunteer releasing the information; and

(5) a statement of the program participant's right to revoke, in writing, a release of information at any time. [~~This revocation request must be submitted in writing.~~]

§356.1321.Procedures Regarding Court Orders.

A center [~~contractor~~] must develop, maintain, and comply with written policies and procedures for responding to court orders, [~~such as~~] subpoenas, search warrants, and [or] writs of attachment. The written procedures must include:

(1) what to do when a process server arrives with a court order or other legal document;

(2) on whom court orders and other documents may be served, such as the custodian of the records or the executive director, or, in the executive director's absence, the designated staff;

(3) which attorney or attorneys [~~attorney(s)~~ ] should be contacted;

(4) the process by which the center will make reasonable attempts to provide notice to victims affected by a potential release of information;

(5) [~~(4)~~] who must [~~will~~] discuss the court order or other legal documents [~~subpoena~~] and legal options with the program participant or other victim of family violence, and at what point;

(6) [~~(5)~~] information about compliance with state and federal confidentiality and victim-advocate privilege provisions; [~~and~~]

(7) [~~(6)~~] the circumstances under which records may be released; and[.]

(8) an affirmative statement that the center will take steps necessary to protect the privacy and safety of the persons affected by the release of information under state and federal laws.

§356.1324.Access to Services for People with a Disability.

(a) A center must:

(1) serve people with a disability and take reasonable steps to ensure meaningful access to the program;

(3) furnish appropriate auxiliary aids and services where necessary to ensure that eligible individuals with a disability, including a victim, a victim's dependents, and members of the public, have equitable access to services.

(b) The auxiliary aids and services described in subsection (a)(3) of this section may include qualified interpreters and large print materials.

§356.1325.Service Model.

If providing direct services, a center must:

(1) develop, maintain, and comply with a written advocacy service model that is:

(A) voluntary;

(B) trauma-informed; and

(3) have written policies and procedures to evaluate the effectiveness of the service model and report the results to the Texas Health and Human Services Commission as requested.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405829

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

26 TAC §§356.1303, 356.1314, 356.1320, 356.1322

STATUTORY AUTHORITY

The repeals affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.1303.Eligibility.

§356.1314.Provision of Health and Human Services Commission (HHSC)-funded Services by Attorneys or Other Licensed Professionals.

§356.1320.Court Orders.

§356.1322.Notification of Court Orders.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405828

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

DIVISION 7. SERVICE DELIVERY

26 TAC §§356.1401, 356.1404, 356.1406, 356.1408

STATUTORY AUTHORITY

The repeals affect Texas Government Code §531.0055; Texas Human Resources Code §51.010 and §51A.300; Texas Family Code Chapter 93; and Senate Bill 1841, 88th Legislature, Regular Session, 2023.

§356.1401.Special Nonresidential Project Services.

§356.1404.Subcontracting the Crisis Call Hotline.

§356.1406.Religion and Intervention Services.

§356.1408.Texas Department of Family and Protective Services' (DFPS) Child Care Licensing Permit.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 3, 2024.

TRD-202405830

Karen Ray

Chief Counsel

Health and Human Services Commission

Earliest possible date of adoption: January 19, 2025

For further information, please call: (512) 460-0992

26 TAC §§356.1401 - 356.1405, 356.1408, 356.1409

STATUTORY AUTHORITY

§356.1401.Special Nonresidential Project Services.

As a part of the special nonresidential project, a center must:

(1) provide:

(A) community education or prevention relating to family violence; or

(B) direct delivery of services for adult victims of family violence or the victims' children;

(2) maintain a system of referring victims of family violence to needed resources available in the community, including a family violence shelter center and other housing resources;

(3) demonstrate the project is addressing a need of an underserved or special population as identified by the Texas Health and Human Services Commission; and

(4) demonstrate a process for obtaining voluntary feedback from the underserved or special population served.

§356.1402.Reporting Data to HHSC [~~Data Collection~~].

(a) A center [~~contractor~~] must regularly report complete and accurate data through the secure file protocol designated [~~data collection system approved~~] by the Texas Health and Human Services Commission (HHSC) [~~, using service definitions in the Special Nonresidential Project Provider Manual~~]. Data submission is due by the deadline specified in the HHSC contract related to family violence service delivery. HHSC reserves the right to impose sanctions if a center does not submit complete and accurate data by the deadline specified in the contract [~~are not submitted on time~~].

(b) If extenuating circumstances exist, a center must contact HHSC via email before the due date of the data submission to request an extension of said due date.

[(b) In the event that the contractor may not be able to provide services due to a natural disaster or fire, the affected contractor will consult with HHSC regarding whether exceptions to data reporting deadlines and data collection service definitions should be made.]

(c) A center must contact HHSC via email within two business days of discovering data errors or inconsistencies that will result in the center's inability to report accurate data in a timely manner.

(d) [~~(c)~~] When collecting and reporting data, a center [~~the contractor~~] must comply with state and federal confidentiality provisions. Data that a center submits must be in the aggregate and not contain personally identifying information.

(e) Program participant data collected by a center for HHSC reporting must be provided voluntarily by a program participant, and the program participant may refuse to offer any element of data at any time.