Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
Subchapter UU. ELECTRONIC BENEFIT TRANSFER (EBT)
40 TAC §3.7417
The Texas Department of Human Services (DHS) proposes to
amend §3.7417, concerning What happens to EBT benefits a TANF or food
stamp household does not use?, in its Texas Works chapter. The purpose of
the amendment is to change the point at which certain Electronic Benefit Transfer
(EBT) food accounts are placed on hold. Under the proposal, the EBT system
will continue to place food accounts on hold when there is no activity for
three consecutive months. However, the proposal adds a provision that, if
the most recent monthly issuance from the food account is less than $20, then
the food account is not placed on hold until there is no activity for six
consecutive months.
Bobby Halfmann, Chief Financial Officer, has determined that, for the first
five-year period the proposed section is in effect, there are no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Judy Denton, Deputy Commissioner for Family Services, has determined that,
for each year of the first five years the section is in effect, the public
benefit anticipated as a result of enforcing the section is that elderly clients
on fixed incomes with monthly allotments of less than $20 can use their food
stamp benefits less frequently without the account going dormant. In addition,
DHS staff will spend less time on clearing reports generated by dormant accounts
and more time in determining accurate and timely benefits for clients. There
is no adverse economic effect on small or micro businesses, or businesses
of any size, or any anticipated economic cost to persons required to comply
with the proposed section, because the software changes needed to implement
this proposal are covered by the vendors' contract with DHS. There is no anticipated
effect on local employment in geographic areas affected by this section.
Questions about the content of this proposal may be directed to Eric McDaniel
at (512) 438- 2909 in DHS's Texas Works Policy section. Written comments on
the proposal may be submitted to Supervisor, Rules and Handbooks Unit-302,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Government Code, DHS has determined that
Chapter 2007 of the Government Code does not apply to this rule. Accordingly,
DHS is not required to complete a takings impact assessment regarding this
rule.
The amendment is proposed under the Human Resources Code, Chapters
31 and 33, which authorizes DHS to administer financial and nutritional assistance
programs.
The amendment implements the Human Resources Code, §§31.001 -
31.081 and §§33.001 - 33.027.
§3.7417.What happens to EBT benefits a TANF or food stamp household does not use?
When a household fails to access the EBT cash
account for three
consecutive months
or
the
food account for three consecutive
months
(or six consecutive months when the most recent monthly issuance
is less than $20)
, the EBT vendor:
(1) - (2)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on August 8, 2003.
TRD-200304893
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 438-3734
Subchapter B. SHELTER CENTERS
6.
PROGRAM ADMINISTRATION
40 TAC §§54.604, 54.605, 54.650, 54.651
The Texas Department of Human Services (DHS) proposes to
amend §54.604, concerning When is a person less than 18 years old eligible
to receive 24-hour-a-day shelter?, and §54.605, concerning Can a minor
receive Texas Department of Human Services (DHS)-contracted nonresidential
services if the parent is not receiving services?; and proposes new §54.650,
concerning Are there any limitations to providing shelter or care to family
violence victims who are less than 18 years old who are not accompanied by
a parent or legal guardian, are not legally emancipated, are not married,
or have not been married?, and §54.651, concerning Are there any limitations
to providing nonresidential services to family violence victims who are less
than 18 years old who are not accompanied by a parent or legal guardian, are
not legally emancipated, are not married, or have not been married?, in its
Family Violence Program chapter. The purpose of the amendments and new sections
is to implement provisions of House Bill 1364, 78th Texas Legislature, which
amended the Family Code, §32.201, and created §32.202. The statutes
allow emergency shelters to provide shelter or care to minors who are less
than 18 years old and to their children. The amendments reinforce the recently
expanded legislative authorization for emergency shelter facilities to provide
shelter and nonresidential services to minors without children by deleting
the criterion that the minor be a minor mother. The amendments also allow
shelter centers to rely on the minor's written statement containing the grounds
on which he or she can consent to emergency shelter or care. The new sections
let shelter centers provide up to 15 days of service to minors with or without
children, and provide services beyond 15 days with the minor's consent if
the minor is 16 years old or older; lives apart from his or her parent, managing
conservator, or guardian; and manages his or her own financial affairs. Extended
services also can be provided if the minor is unmarried and pregnant, unmarried
with custody of a child, or has qualified for assistance under the Temporary
Assistance for Needy Families Program authorized in the Human Resources Code,
Chapter 31, and is on the waiting list for housing assistance.
Bobby Halfmann, Chief Financial Officer, has determined that, for the first
five-year period the proposed sections are in effect, there are no fiscal
implications for state or local government as a result of enforcing or administering
the sections.
Judy Denton, Deputy Commissioner for Family Services, has determined that,
for each year of the first five years the sections are in effect, the public
benefit anticipated as a result of enforcing the sections is that more minors
who are victims of family violence will be able to obtain emergency shelter
and other services on their own behalf. There is no adverse economic effect
on small or micro businesses as a result of enforcing or administering the
sections because family violence service providers are required to be nonprofit
organizations and do not qualify as small or micro businesses. There is no
anticipated economic cost to persons who are required to comply with the proposed
sections. There is no anticipated effect on local employment in geographic
areas affected by these sections.
Questions about the content of this proposal may be directed to Terri St.
Arnauld at (512) 438-3397 in DHS's Family Violence Program. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-270,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Government Code, DHS has determined that
Chapter 2007 of the Government Code does not apply to these rules. Accordingly,
DHS is not required to complete a takings impact assessment regarding these
rules.
The amendments and new sections are proposed under the Human
Resources Code, Chapter 51, which provides DHS with the authority to administer
family violence programs.
The amendments and new sections implement the Human Resources Code, §§51.001
- 51.012.
§54.604.When is a family violence victim who is [
(a)
The center can only provide 24-hour-a-day shelter
to a person less than 18 years old if:
(1)
that person is:
(A)
accompanied by a parent or legal guardian;
(B)
legally emancipated;
[(C)
a minor mother; or]
(C)
[
(D)
experiencing an emergency that constitutes
an immediate danger to the physical health or safety of the minor or the minor's
child or children; or
(2)
the shelter center is licensed to provide residential child
care.
(b)
The 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.
§54.605. When is a family violence victim who is less than 18 years old eligible to receive nonresidential services [
(a)
The center can provide nonresidential services
to a person less than 18 years old if:
[
(1)
accompanied by a parent or legal guardian;
(2)
an emergency situation constitutes an
immediate danger to the physical health or safety of the minor or the minor's
child or children;
(3)
[
(A)
legally emancipated; or
(B)
married or is married; or
(4)
[
(A)
has parental or legal guardian consent to provide the minor
with nonresidential services; or
(B)
complies with the Texas Family Code, §32.004,
if
[
(5)
the center complies with any other applicable
section of the Texas Family Code.
(b)
The 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.
§54.650.Are there any limitations to providing shelter or care to family violence victims who are less than 18 years old who are not accompanied by a parent or legal guardian, are not legally emancipated, are not married, or have not been married?
Yes, the Texas Family Code states that emergency shelter or care must
not be provided after the 15th day after the date the shelter or care has
begun, unless:
(1)
the facility receives consent from the minor to continue
shelter or care, if the minor:
(A)
is 16 years old or older; and
(i)
resides separately and apart from the minor's parent, managing
conservator, or guardian, regardless of the duration of the residence; and
(ii)
manages her or his own financial affairs, regardless of
the source of income; or
(B)
is unmarried and pregnant or the parent of a child; or
(2)
the minor has qualified for financial assistance under
the Human Resources Code, Chapter 31, and is on the waiting list for housing
assistance.
§54.651.Are there any limitations to providing nonresidential services to family violence victims who are less than 18 years old who are not accompanied by a parent or legal guardian, are not legally emancipated, are not married, or have not been married?
Yes, the Texas Family Code states that care must not be provided after
the 15th day after the date the care has begun, unless:
(1)
the facility receives consent from the minor to continue
care, if the minor:
(A)
is 16 years old or older; and
(i)
resides separately and apart from the minor's parent, managing
conservator, or guardian, regardless of the duration of the residence; and
(ii)
manages her or his own financial affairs, regardless of
the source of income; or
(B)
is unmarried and pregnant or the parent of a child; or
(2)
the minor has qualified for financial assistance under
the Human Resources Code, Chapter 31, and is on the waiting list for housing
assistance; or
(3)
the minor says she or he resides in the same household
with a victim of family violence as defined in the Human Resources Code, Chapter
51, and if the center:
(A)
has parental or legal guardian consent to provide the minor
with nonresidential services; or
(B)
complies with the Texas Family Code, §32.004, if parental
or legal guardian consent is not obtained.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's legal
authority to adopt.
Filed with the Office of
the Secretary of State on August 8, 2003.
TRD-200304894
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 438-3734
The Texas Department of Human Services (DHS) proposes to amend §97.2,
concerning definitions; §97.11, concerning application and issuance of
initial license; §97.12, concerning issuance and renewal of license; §97.303,
concerning standards for possession of sterile water or saline, certain vaccines
or tuberculin, and certain dangerous drugs; §97.404, concerning standards
specific to agencies licensed to provide personal assistance services; §97.601,
concerning license denial, suspension or revocation; and §97.602, concerning
administrative penalties, in its Licensing Standards for Home and Community
Support Services Agencies chapter. The purpose of the amendments is to implement
the sections of House Bill (HB) 2292, 78th Legislature, that affect the Health
and Safety Code, Chapter 142. HB 2292 no longer requires DHS to license home
and community-based services providers that are monitored by the Texas Department
of Mental Health and Mental Retardation (TDMHMR). HB 2292 also exempts from
DHS licensure employees of entities that act as consumer fiscal agencies under
Government Code, §531.051; amends the statutory definitions; prohibits
persons from implying or indicating they are licensed to provide personal
assistance services when they are not licensed; provides registered nurses
(RNs) with greater flexibility relating to RN delegation; and amends the list
of dangerous drugs for which an agency can be responsible.
Proposed §97.2 amends the definition of "certified agency" and "personal
assistance services" and adds a new definition for "personal care." The amendments
to §97.11 and §97.12 remove license application requirements for
agencies now exempt from licensure. Amendments to §§97.12, 97.404,
97.601, and 97.602 update references within the chapter. The table outlining
Severity Level I Violations in Figure: 40 TAC §97.602(d)(3)(C) and the
table outlining Severity Level II Violations in Figure: 40 TAC §97.602(d)(4)(B)
update rule citations and correct grammar. The amendment to §97.303 adds
pneumococcal polysaccharide vaccine to the list of dangerous drugs that an
agency or its employees who are RNs or LVNs may purchase, store, or transport
for the purpose of administering to the agency's employees, clients, or client
family members. The amendment to §97.404 adds language that prohibits
a person not licensed to provide personal assistance services from indicating
or implying he is licensed to provide those services; amends the tasks that
may be performed under the personal assistance services category, which conforms
to the amended definition of personal care; and adds language that allows
an RN to determine which health-related tasks require delegation under the
personal assistance services category of licensure. An amendment to §97.602
removes language relating to agencies that now are exempt from licensure.
Bobby Halfmann, Chief Financial Officer, has determined that, for the first
five-year period the proposed sections are in effect, there are fiscal implications
for state government as a result of enforcing or administering the sections.
There are no fiscal implications for local governments as a result of enforcing
or administering the sections.
The effect on state government for the first five-year period the sections
are in effect is an estimated reduction in cost of $26,730 in fiscal year
(FY) 2004; $26,730 in FY 2005; $26,730 in FY 2006; $26,730 in FY 2007; and
$26,730 in FY 2008. There also is an estimated loss in revenue of $227,500
in FY 2004; $227,500 in FY 2005; $227,500 in FY 2006; $227,500 in FY 2007;
and $227,500 in FY 2008.
Bettye M. Mitchell, Deputy Commissioner for Long Term Care, has determined
that, for each year of the first five years the sections are in effect, the
public benefits anticipated as a result of enforcing the sections are: (1)
providing clarity that only a provider with an HCSSA license from DHS may
provide personal assistance services; (2) removing licensing requirements
for home and community-based services providers that are monitored by TDMHMR,
which reduces the duplication of authority over HCSSAs; (3) allowing RNs to
determine which health-related personal assistance services tasks require
delegation, which will give RNs greater flexibility; (4) allowing agency RNs
and LVNs to purchase, store, or transport pneumococcal polysaccharide vaccines,
which will give employees, clients, and client family members greater access
to the vaccine; and (5) removing language regarding administrative penalty
assessments against agencies now exempt from licensure, which deletes extraneous
language. There may be an adverse economic effect on businesses of any size,
whether large, small, or micro, if the businesses are providing personal assistance
services, as those services are defined in Health and Safety Code, §242.001,
without a license. Unlicensed personal assistance services providers will
be required to become licensed and pay an $875 license fee annually. If these
providers continue to operate without a license, they will be liable for a
civil penalty of not less than $1,000 or more than $2,500 for each day of
violation. There is no anticipated effect on local employment in geographic
areas affected by these sections.
Questions about the content of this proposal may be directed to Linda Kotek
at (512) 438- 3158 in DHS's Long Term Care-Policy section. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-246,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Government Code, DHS has determined that
Chapter 2007 of the Government Code does not apply to these rules. Accordingly,
DHS is not required to complete a takings impact assessment regarding these
rules.
Subchapter A. GENERAL PROVISIONS
40 TAC §97.2
The amendment is proposed under the Health and Safety Code,
Chapter 142, which provides DHS with the authority to adopt rules for the
licensing and regulation of home and community support services agencies.
The amendment implements the Health and Safety Code, §§142.001
- 142.030.
§97.2.Definitions.
The following words and terms, when used in these sections, [
(1) - (17)
(No change.)
(18)
Certified agency--A home and community support services
agency
, or portion of the agency,
that:
(A) - (B)
(No change.)
(19) - (34)
(No change.)
(35)
Home health service--The provision of one or more of the
following health services required by an individual in a residence or independent
living environment:
(A) - (E)
(No change.)
(F)
service provided by unlicensed personnel under the delegation
or supervision
of a licensed health professional;
(G) - (H)
(No change.)
(36) - (54)
(No change.)
(55)
Personal assistance services--Routine ongoing care or
services required by an individual in a residence or independent living environment
that enable the individual to engage in the activities of daily living or
to perform the physical functions required for independent living, including
respite services. The term includes
:
(A)
personal care;
(B)
health-related services performed under circumstances
that are defined as not constituting the practice of professional nursing
by the Board of Nurse Examiners through a memorandum of understanding with
DHS in accordance with Health and Safety Code, §142.016
;
[
(C)
health-related tasks provided by unlicensed
personnel under the delegation of a registered nurse
or that a registered
nurse determines do not require delegation
.
(56)
Personal care--The provision of one or
more of the following services required by an individual in a residence or
independent living environment:
(A)
bathing;
(B)
dressing;
(C)
grooming;
(D)
feeding;
(E)
exercising;
(F)
toileting;
(G)
positioning;
(H)
assisting with self-administered medications;
(I)
routine hair and skin care; and
(J)
transfer or ambulation.
(57)
[
(58)
[
(59)
[
(60)
[
(61)
[
(62)
[
(63)
[
(64)
[
(65)
[
(66)
[
(A)
assessment of alterations in mental status or evidence
of suicide ideation or tendencies;
(B)
teaching coping mechanisms or skills;
(C)
counseling activities; or
(D)
evaluation of the plan of care.
(67)
[
(68)
[
(A)
22 TAC, Chapter 224 (concerning Delegation of Nursing Tasks
by Registered Professional Nurses to Unlicensed Personnel for Clients with
Acute Conditions or in Acute Care Environments); and
(B)
22 TAC, Chapter 225 (relating to RN Delegation to Unlicensed
Personnel and Tasks Not Requiring Delegation in Independent Living Environments
for Clients with Stable and Predictable Conditions).
(69)
[
(70)
[
(71)
[
(72)
[
(73)
[
(74)
[
(75)
[
(A)
registered nurse;
(B)
licensed vocational nurse;
(C)
physical therapist;
(D)
occupational therapist;
(E)
respiratory therapist;
(F)
speech-language pathologist;
(G)
audiologist;
(H)
social worker; or
(I)
dietitian.
(76)
[
(77)
[
(78)
[
(79)
[
(80)
[
(81)
[
(82)
[
(83)
[
(84)
[
(85)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on August 8, 2003.
TRD-200304895
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 438-3734
40 TAC §97.11, §97.12
The amendments are proposed under the Health and Safety Code,
Chapter 142, which provides DHS with the authority to adopt rules for the
licensing and regulation of home and community support services agencies.
The amendments implement the Health and Safety Code, §§142.001
- 142.030.
§97.11.Application and Issuance of Initial License.
(a) - (f)
(No change.)
(g)
The applicant must apply for a license in accordance with
this subsection.
(1) - (2)
(No change.)
(3)
The following items must accompany the application form
and must be originals or notarized copies:
(A) - (P)
(No change.)
[(Q)
if certified by another state agency
to deliver services for which a license is required under this chapter, documentation
from the certifying state agency(ies) confirming the certification;]
(Q)
[
(i)
denial, suspension, or revocation of an agency license
or a license for any health care facility in any state or any other enforcement
action, such as court
,
civil
,
or criminal action;
(ii)
denial, suspension, or revocation of or other enforcement
action against an agency license or a license for any health care facility
in any state
that
[
(iii)
surrendering a license before expiration of the license
or allowing a license to expire in lieu of
DHS
[
(iv)
federal or state Medicaid or Medicare sanctions or penalties
relating to the operation of an agency or health care facility;
(v)
federal or state (any state) criminal felony convictions;
(vi)
operation of an agency that has been decertified in any
state under Medicare or Medicaid; or
(vii)
debarment, exclusion, or contract cancellation in any
state from Medicare or Medicaid;
(R)
[
(i)
federal or state (any state) criminal misdemeanor convictions;
(ii)
federal or state (any state) tax liens;
(iii)
unsatisfied final judgements;
(iv)
eviction involving any property or space used as an agency
in any state;
(v)
unresolved final state or federal Medicare or Medicaid
audit exceptions; or
(vi)
injunctive orders from any court; [
(S)
[
(i)
It is the agency's responsibility to contact the designated
survey office to schedule a presurvey conference.
(ii)
The administrator and supervising nurse (if applicable)
must attend the presurvey conference.
(iii)
The designated survey office must verify compliance with
the applicable provisions of this chapter and recommend that the agency be
issued an initial license or that the application be denied pursuant to §97.601
of this
chapter
[
(T)
[
(U)
[
(4) - (6)
(No change.)
(h) - (n)
(No change.)
§97.12.Issuance and Renewal of License.
(a)
(No change.)
(b)
Renewal application.
(1)
(No change.)
(2)
The agency must submit to DHS postmarked at least 30 days
before
[
(A)
a complete and correct application renewal form
that
[
(B) - (E)
(No change.)
[(F)
if certified by or contracting with another
state agency to deliver services for which a license is required under this
chapter, documentation from the certifying state agency(ies) confirming the
certification or contract;]
(F)
[
(G)
[
(H)
[
(3)
(No change.)
(c) - (e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on August 8, 2003.
TRD-200304896
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 438-3734
4.
PROVISION AND COORDINATION OF TREATMENT AND SERVICES
40 TAC §97.303
The amendment is proposed under the Health and Safety Code,
Chapter 142, which provides DHS with the authority to adopt rules for the
licensing and regulation of home and community support services agencies.
The amendment implements the Health and Safety Code, §§142.001
- 142.030.
§97.303.Standards for Possession of Sterile Water or Saline, Certain Vaccines or Tuberculin, and Certain Dangerous Drugs.
An agency
that
[
(1)
(No change.)
(2)
Possession of certain vaccines or tuberculin.
(A)
An agency or its employees who are registered nurses or
licensed vocational nurses may purchase, store, or transport for the purpose
of administering to the agency's employees, home health[
(i)
(No change.)
(ii)
influenza vaccine; [
(iii)
tuberculin purified protein derivative for tuberculosis
testing
; and
[
(iv)
pneumococcal polysaccharide
vaccine.
(B)
(No change.)
(3)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 8, 2003.
TRD-200304897
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 438-3734
40 TAC §97.404
The amendment is proposed under the Health and Safety Code,
Chapter 142, which provides DHS with the authority to adopt rules for the
licensing and regulation of home and community support services agencies.
The amendment implements the Health and Safety Code, §§142.001-142.030.
§97.404.Standards Specific to Agencies Licensed to Provide Personal Assistance Services.
(a)
(No change.)
(b)
A person who is not licensed to provide
personal assistance services under this chapter may not indicate or imply
that the person is licensed to provide personal assistance services by the
use of the words "personal assistance services" or in any other manner.
(c)
[
(d)
[
(1)
personal care
as defined in §97.2 of this chapter
[
(2)
health-related tasks
provided by unlicensed personnel
that may be delegated by an RN
or that an RN determines do not
require delegation
in accordance with the agency's written policy adopted,
implemented, and enforced to ensure compliance with the rules adopted by the
Board of Nurse Examiners (BNE) for the State of Texas in 22 TAC, Chapter 225
(relating to RN Delegation to Unlicensed Personnel and Tasks Not Requiring
Delegation in Independent Living Environments for Clients with Stable and
Predictable Conditions);
(3)
health-related tasks that are not the practice of professional
nursing under the memorandum of understanding between the Texas Department
of Human Services (DHS) and the BNE; and
(4)
health-related tasks that are delegated by a physician
under the Occupations Code, Chapter 157.
(e)
[
(f)
[
(1)
documentation of determination of services based on an
on-site visit by the supervisor where services will be primarily delivered
and records of supervisory visits, if applicable;
(2)
individualized service plan developed, agreed upon, and
signed by the client or family and the agency. The individualized service
plan must include, but not be limited to the following:
(A)
types of services, supplies, and equipment to be provided;
(B)
locations of services;
(C)
frequency and duration of services;
(D)
planned date of service initiation;
(E)
charges for services rendered if the charges will be paid
in full or in part by the client or significant other(s), or on request; and
(F)
plan of supervision;
and
(3)
documentation that the services have been provided according
to the individualized service plan
.
[
(g)
[
(1)
Supervision of personnel must be in accordance with the
agency's policies and applicable state laws and rules, including rules adopted
by the BNE in 22 TAC, Chapter 225.
(2)
A supervisor must be a licensed nurse or have completed
two years of full-time study at an accredited college or university. An individual
with a high school diploma or general equivalence diploma (GED) may substitute
one year of full-time employment in a supervisory capacity in a health care
facility, agency, or community-based agency for each required year of college.
(3)
The client in a client managed attendant care program funded
by DHS or Texas Rehabilitation Commission is not required to meet the standard
in paragraph (2) of this subsection.
(h)
[
(1)
The training and competency program for the performance
of g-tube feedings by an unlicensed person must be taught by an RN, physician,
physician assistant (PA), or qualified trainer. A qualified trainer must:
(A)
have successfully completed the training and competency
program described in paragraphs (2) and (3) of this subsection taught by an
RN, physician, or PA;
(B)
have demonstrated upon return demonstration to an RN, physician
,
or PA the performance of the task and the ability to teach the task;
and
(C)
have been deemed competent by an RN, physician, or PA to
train unlicensed personnel in these procedures. Documentation of competency
to perform, train
,
and teach must be maintained in the employee's
or contractor's file. Competency must be evaluated and documented by an RN,
physician
,
or PA annually.
(2)
The minimum training program must include:
(A)
a description of the g-tube placement, including its purpose;
(B)
infection control procedures and universal precautions
to be utilized when performing g-tube feedings or medication administration
through a g-tube;
(C)
a description of conditions
that
[
(D)
review of a written procedure for g-tube feeding or medication
administration through a g- tube. The written procedure must be equivalent
to current acceptable nursing standards of practice, including addressing
the crushing of medications;
(E)
conditions under which g-tube feeding or medication administration
must not be performed; and
(F)
demonstration of a g-tube feeding and medication administration
to a client. If the trainee will become a qualified trainer, the demonstration
must be done by the RN, PA, or physician. If the trainee will not become a
qualified trainer, the demonstration may be done by an RN, PA, physician,
or qualified trainer.
(3)
The minimum competency evaluation must be documented and
maintained in the employee's file and must include:
(A)
a score of 100% on a written multiple choice test that
consists of situational questions to include the criteria in paragraph (2)(A)
- (E) of this subsection and
an evaluation of
[
(B)
a skills checklist demonstrating that the trainee has successfully
completed the necessary skills for a g-tube feeding and medication administration
via g-tube, and if the trainee will become a qualified trainer, the skills
checklist must also demonstrate the ability to teach another person to perform
the task. The skills checklist must be completed by an RN, physician, or PA
if the trainee will become a qualified trainer. The skills checklist for a
trainee who will not become a qualified trainer may be completed by an RN,
physician, PA, or qualified trainer; and
(C)
documentation of an accurate demonstration of the g-tube
feeding and medication administration performed by the trainee as required
by paragraph (2)(F) of this subsection. If the trainee will become a qualified
trainer, documentation of competency to teach this task must be maintained
in the file of the qualified trainer. The person responsible for the training
of the trainee must document the successful demonstration of the g-tube feeding
and medication administration via g-tube by the trainee and the trainee's
competency to perform this task in the trainee's file.
(4)
The client or primary caregiver must provide information
on the client's g-tube feeding or medication administration to the agency
supervisor. If the client is not capable of directing his or her own care,
the client's primary caregiver must be present to instruct and orient the
supervisor regarding the client's g-tube feeding and medication regime. A
copy of the current regime including unique conditions specific to the client
must be placed in the client's file by the agency supervisor and provided
to the respite caregiver. The respite caregiver must be oriented by the client,
the client's primary caregiver, or the agency supervisor. The supervisor of
the delivery of these services must have successfully completed a training
and competency program outlined in paragraphs (2) and (3) of this subsection
or be a qualified trainer.
(5)
Legend medications that are to be administered must be
in a legally labeled container from a pharmacy that contains the name of the
client. Instructions for dosages according to weight or age for over
-
the
-
counter drugs commonly given the client must be furnished
by the primary caregiver to the respite caregiver performing the tube feeding
or medication administration.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 8, 2003.
TRD-200304898
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 438-3734
40 TAC §97.601, §97.602
The amendments are proposed under the Health and Safety Code,
Chapter 142, which provides DHS with the authority to adopt rules for the
licensing and regulation of home and community support services agencies.
The amendments implement the Health and Safety Code, §§142.001-142.030.
§97.601.License Denial, Suspension , or Revocation.
(a)
The Texas Department of Human Services (DHS) may deny,
suspend, suspend on an emergency basis, or revoke a license issued to an applicant
or agency if the applicant or agency:
(1) - (7)
(No change.)
(8)
discloses action as described in
§97.11(g)(3)(Q)
and (R)
[
(9)
(No change.)
(b) - (j)
(No change.)
§97.602.Administrative Penalties.
(a)
(No change.)
(b)
Assessment of a penalty.
[(1)
Notwithstanding any other provision of
the statute, DHS may not assess an administrative penalty against an agency:]
[(A)
that provides only long-term care Medicaid waiver services
that are publicly funded and is certified and monitored by a state agency
that has developed standards that ensure the health and safety of service
recipients; or]
[(B)
that provides home health, hospice, or personal assistance
services only to persons enrolled in a program that is funded in whole or
in part by the Texas Department of Mental Health and Mental Retardation (TDMHMR)
and is monitored by the TDMHMR or its designated local authority in accordance
with standards set by the TDMHMR.]
(1)
[
(A)
the seriousness of the violation, including the nature,
circumstances, extent, and gravity of the violation, and the hazard of the
violation to the health or safety of clients;
(B)
the history of previous violations by a person or a controlling
person with respect to that person;
(C)
whether the affected home and community support services
agency had identified the violation as part of its internal quality assurance
process and had made appropriate progress on correction. For purposes of this
subparagraph, appropriate progress is defined as making a good faith, substantial
effort to correct the violation in a timely manner;
(D)
the amount necessary to deter future violations;
(E)
efforts made to correct the violation; and
(F)
any
other
[
(2)
[
(A)
the seriousness of the violation(s), including the nature,
circumstances, extent, and gravity of the violation(s), and the hazard of
the violation(s) to the health or safety of a client; and
(B)
whether the affected agency had identified the violation(s)
as part of its internal quality assurance process and had made appropriate
progress on correction.
(3)
[
(4)
[
(c)
(No change.)
(d)
Schedule of penalties.
(1) - (2)
(No change.)
(3)
Severity level I. A severity level I violation is a violation
that has or has had minor or no client health or safety significance.
(A) - (B)
(No change.)
(C)
A violation of each of the rules listed in the following
table may warrant a severity level I administrative penalty.
Figure: 40 TAC §97.602(d)(3)(C)
(4)
Severity level II.
(A)
(No change.)
(B)
DHS may assess a separate level II administrative penalty
for a violation of each of the rules listed in the following table.
Figure: 40 TAC §97.602(d)(4)(B)
(e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on August 8, 2003.
TRD-200304899
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 438-3734
Chapter 809.
CHILD CARE AND DEVELOPMENT
Subchapter G. CHILD CARE FOR PEOPLE TRANSITIONING OFF PUBLIC ASSISTANCE
The Texas Workforce Commission (Commission) proposes the repeal of
and new rules for Chapter 809, Child Care and Development, Subchapter G, Child
Care for People Transitioning Off Public Assistance, §809.102 relating
to Choices Child Care.
Purpose. The purpose of these rules is to implement House Bill 2292 enacted
by the 78th Legislature, Regular Session, 2003, (HB 2292), which amends, in
pertinent parts, Chapter 31, Texas Human Resources Code to incorporate the
pay for performance model relating to Temporary Assistance for Needy Families
(TANF) cash assistance and Medicaid assistance for the adult(s).
Background: Consistent with federal statutory authority, Chapter 31, Human
Resources Code requires that individuals must engage in work activities in
order to receive TANF cash assistance and Medicaid assistance for the adult(s)
unless exempt from the work activities. The Commission is responsible for
the employment and training requirements contained in Chapter 31 through the
local workforce development boards (Boards) under Section 302.021(a)(5), Labor
Code.
Testimony and legislative debate on HB 2292 centered in part on reinforcing
the personal responsibility requirements relating to TANF cash assistance
and Medicaid assistance for the adult(s) and to ensure that no state or federal
funds are used to pay for assistance to individuals that fail to cooperate.
This ensures that families are cooperating in order to receive their cash
assistance and supports the principle that the state should not support families
who consistently refuse to cooperate.
HB 2292 also strengthened the linkages among the human services agencies
by consolidating the twelve existing agencies within five agencies. The Health
and Human Services Commission (HHSC), one of the five agencies, will oversee
the operations of the remaining four agencies as well as the development of
policies and rules. An oversight role of HHSC is to ensure that human services
agencies are linking with the Commission to ensure that work opportunities
for individuals are maximized and to ensure that individuals are cooperating
with their mandatory work requirements. Such linkage ensures that opportunities
are maximized to assist recipients obtaining and retaining employment through
engaging in work activities where applicable.
The Commission has determined, consistent with the authority granted to
states under the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA), that the definition of work activities includes cooperation
with the Responsibility Agreement and the family employment plan. The specific
statutory authority rests in 45 USCA Section 607 and is further clarified
in the federal regulations interpreting those requirements, which state in
part the following: 45 CFR Sections 261.10, relating to what work requirements
must an individual meet, 64 Fed. Reg. 17767, (April 12, 1999) states that
"the State defines the work activities that meet the [work] requirement."
Likewise, the preamble at the same page also states that "[as] stated above,
it is the State's prerogative and responsibility to define the activities
it considers to meet these requirements...." Specifically, 45 CFR Section
261.12 (b) states that the individual responsibility plan "...should describe
the obligations of the individual. These could include going to school, maintaining
certain grades, keeping school-aged children in school, immunizing children,
going to classes, or doing other things that will help the individual become
or remain employed in the private sector." Based on this language and the
principle of personal responsibility, the Commission has added a definition
of "work activity" to clearly communicate the inclusion of the requirements
specified in the Responsibility Agreement.
The current Responsibility Agreement used by the State of Texas requires
the following:
*Participation in mandatory work activities;
*Cooperation with child support enforcement efforts to establish paternity
and obtain child support;
*Remaining employed and not quitting a job without good cause;
*Maintenance of children's health and dental checkups;
*Maintenance of children's immunizations;
*School attendance, as required;
*Attendance at parenting skills training, when required;
*Abstention from using, possessing, or selling controlled substances;
*Abstention from alcohol abuse; and,
*Truthful representation of the recipient's situation.
Under the pay for performance model, the Legislature requires that a TANF
family that does not cooperate with their required work activities will be
sanctioned, resulting in the termination of the total amount of TANF cash
assistance provided to the family. In addition, the Medicaid assistance for
the adult(s) will be denied, unless the adult is under 19 years of age or
pregnant.
The sanction period will last a minimum of one month, or until cooperation
is demonstrated. If the sanction results from noncooperation with Choices,
one month of demonstrated cooperation is required to reinstate receipt of
the family's TANF cash assistance.
The Texas Department of Human Services (TDHS) will not reinstate the family's
TANF cash assistance until the Texas Workforce Center sends a notification
to the local TDHS office indicating that the Choices service requirements
are met. Furthermore, if a TANF recipient fails to cooperate for two consecutive
months, the family's TANF case will be closed, and the family will be required
to reapply for TANF cash assistance. Before certification, the conditional
applicant will be required to attend a Workforce Orientation for Applicants
(WOA) and to demonstrate one month of cooperation with Choices service requirements.
TDHS will not process the family's TANF application until the Texas Workforce
Center sends a notification to the local TDHS office indicating that the Choices
service requirements were met.
The Commission's intent is to ensure that failure to cooperate is not a
result of circumstances that would have prevented Choices participation. Therefore,
the Commission will continue to stress the importance of contacting individuals
to determine whether a good cause reason for nonparticipation exists.
During the one-month period of demonstrated cooperation, support services
will be available as needed. For that reason and consistent with new §31.0032,
Human Resources Code as amended by HB 2292, §809.102 relating to Choices
Child Care is changed to include that children of sanctioned families and
conditional applicants that must demonstrate cooperation prior to the reinstatement
of their TANF cash assistance are eligible to receive Choices Child Care.
These changes further align the receipt of cash assistance with employment,
similar to the world of work, because employers pay their employees only after
working for a specific period of time.
Although the rules are repealed in full and adopted as new, many of the
provisions of the current rules are retained. For a copy of a comparison document
of the existing rules with the emergency rules, please see the Commission
web page at http://www.twc.state.tx.us/twcinfo/rules/prorules.html. To provide
clarity to the rules, throughout the rules, technical modifications are made
to update references to "recipients." This is done in conjunction with changes
to the Choices definitions to clarify that sanctioned families and conditional
applicants are considered mandatory individuals. Following is a more detailed
explanation of the rule changes.
Randy Townsend, Chief Financial Officer, has determined that for each year
of the first five years the rules will be in effect, the following statements
will apply:
There are no additional estimated costs to the state and to local governments
expected as a result of enforcing or administering the rules;
There are no estimated reductions in costs to the state and to local governments
as a result of enforcing or administering the rules;
There are no estimated losses or increases in revenue to the state or to
local governments as a result of enforcing or administering the rules;
There are no foreseeable implications relating to costs or revenue of the
state or local governments as a result of enforcing or administering the rules;
and
There are no anticipated economic costs to persons required to comply with
the rules.
Mr. Townsend has also determined that there is no anticipated adverse impact
on small businesses as a result of enforcing or administering the rules because
small businesses are not regulated or required to do anything by the rules.
James Barnes, Director of Labor Market Information, has determined that
there is no significant negative impact upon employment conditions in this
state as a result of the proposed rules.
Luis Macias, Director of Workforce Division, has determined that for each
year of the first five years the rules are in effect, the public benefit anticipated
as a result of enforcing the rules will be to provide activities and support
services in a more flexible manner to meet the needs of persons receiving
TANF and demonstrating cooperation as a condition of the reinstatement of
TANF, to become self-sufficient and independent of public assistance and to
provide employers with a skilled workforce.
Comments on the proposed section may be submitted to John Moore, General
Counsel, Texas Workforce Commission, 101 East 15th Street, Room 608, Austin,
Texas 78778; Fax 512-463-2220; or e-mailed to john.moore@twc.state.tx.us.
Comments must be received by the Commission no later than thirty (30) days
from the date this proposal is published in the
Texas Register
.
For information about the Commission please visit our web page at www.twc.state.tx.us.
40 TAC §809.102
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed repeal affects Human Resources Code Title 2, particularly
Chapters 31, 34, 44, Human Resources Code.
§809.102.Choices Child Care.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on August 5, 2003.
TRD-200304747
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §809.102
The new rule is proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed new rule affects Human Resources Code Title 2, particularly
Chapters 31, 34, 44, Human Resources Code.
§809.102.Choices Child Care.
(a)
Children eligible to receive Choices child care include;
(1)
children of TANF recipients participating in the Choices
program as stipulated in Chapter 811 of this title; and
(2)
children of sanctioned families and conditional applicants,
as defined in Chapter 811 of this title, who must demonstrate cooperation
prior to the resumption of TANF cash assistance as stipulated in Chapter 811
of this title.
(b)
Child care shall be provided to children of parents participating
in the Choices program as stipulated in Chapter 811 of this title, who need
child care to accept employment and remain employed.
(c)
Persons approved for Choices but waiting to enter an approved
initial component of the program may receive up to two weeks of child care:
(1)
when child care will prevent loss of the Choices placement,
and
(2)
if child care is available to meet the needs of the child
and parent.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on August 5, 2003.
TRD-200304748
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-1426
The Texas Workforce Commission (Commission) proposes the repeal of
Chapter 811, Choices, Subchapter A, General Provisions, §§811.1-811.3,
Subchapter B, Access to Choices Services, §§811.11-811.14, Subchapter
C, Choices Services, §§811.21-811.30, Subchapter D, Choices Work
Activities, §§811.41-811.52, Subchapter E, Support Services and
Other Initiatives, §§811.61-811.67, and Subchapter F, Appeals, §§811.71-811.73,
and new rules for Chapter 811, Choices, Subchapter A, General Provisions, §§811.1-811.3,
Subchapter B, Choices Services Responsibilities, §§811.11-811.16,
Subchapter C, Choices Services, §§811.21-811.32, Subchapter D, Choices
Work Activities, §§811.41-811.52, Subchapter E, Support Services
and Other Initiatives, §§811.61-811.67, and Subchapter F, Appeals, §§811.71-811.73.
Purpose. The purpose of these rules is to implement House Bill 2292 enacted
by the 78th Legislature, Regular Session, 2003, (HB 2292), which amends, in
pertinent parts, Chapter 31, Texas Human Resources Code to incorporate the
pay for performance model relating to Temporary Assistance for Needy Families
(TANF) cash assistance and Medicaid assistance for the adult(s).
Background: Consistent with federal statutory authority, Chapter 31, Human
Resources Code requires that individuals must engage in work activities in
order to receive TANF cash assistance and Medicaid assistance for the adult(s)
unless exempt from the work activities. The Commission is responsible for
the employment and training requirements contained in Chapter 31 through the
local workforce development boards (Boards) under Section 302.021(a)(5), Labor
Code.
Testimony and legislative debate on HB 2292 centered in part on reinforcing
the personal responsibility requirements relating to TANF cash assistance
and Medicaid assistance for the adult(s) and to ensure that no state or federal
funds are used to pay for assistance to individuals that fail to cooperate.
This ensures that families are cooperating in order to receive their cash
assistance and supports the principle that the state should not support families
who consistently refuse to cooperate.
HB 2292 also strengthened the linkages among the human services agencies
by consolidating the twelve existing agencies within five agencies. The Health
and Human Services Commission (HHSC), one of the five agencies, will oversee
the operations of the remaining four agencies as well as the development of
policies and rules. An oversight role of HHSC is to ensure that human services
agencies are linking with the Commission to ensure that work opportunities
for individuals are maximized and to ensure that individuals are cooperating
with their mandatory work requirements. Such linkage ensures that opportunities
are maximized to assist recipients obtaining and retaining employment through
engaging in work activities where applicable.
The Commission has determined, consistent with the authority granted to
states under the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (PRWORA), that the definition of work activities includes cooperation
with the Responsibility Agreement and the family employment plan. The specific
statutory authority rests in 45 USCA Section 607 and is further clarified
in the federal regulations interpreting those requirements, which state in
part the following: 45 CFR Sections 261.10, relating to what work requirements
must an individual meet, 64 Fed. Reg. 17767, (April 12, 1999) states that
"the State defines the work activities that meet the [work] requirement."
Likewise, the preamble at the same page also states that "[as] stated above,
it is the State's prerogative and responsibility to define the activities
it considers to meet these requirements...." Specifically, 45 CFR Section
261.12 (b) states that the individual responsibility plan "...should describe
the obligations of the individual. These could include going to school, maintaining
certain grades, keeping school-aged children in school, immunizing children,
going to classes, or doing other things that will help the individual become
or remain employed in the private sector." Based on this language and the
principle of personal responsibility, the Commission has added a definition
of "work activity" to clearly communicate the inclusion of the requirements
specified in the Responsibility Agreement.
The current Responsibility Agreement used by the State of Texas requires
the following:
*Participation in mandatory work activities;
*Cooperation with child support enforcement efforts to establish paternity
and obtain child support;
*Remaining employed and not quitting a job without good cause;
*Maintenance of children's health and dental checkups;
*Maintenance of children's immunizations;
*School attendance, as required;
*Attendance at parenting skills training, when required;
*Abstention from using, possessing, or selling controlled substances;
*Abstention from alcohol abuse; and,
*Truthful representation of the recipient's situation.
Under the pay for performance model, the Legislature requires that a TANF
family that does not cooperate with their required work activities will be
sanctioned, resulting in the termination of the total amount of TANF cash
assistance provided to the family. In addition, the Medicaid assistance for
the adult(s) will be denied, unless the adult is under 19 years of age or
pregnant.
The sanction period will last a minimum of one month, or until cooperation
is demonstrated. If the sanction results from noncooperation with Choices,
one month of demonstrated cooperation is required to reinstate receipt of
the family's TANF cash assistance.
The Texas Department of Human Services (TDHS) will not reinstate the family's
TANF cash assistance until the Texas Workforce Center sends a notification
to the local TDHS office indicating that the Choices service requirements
are met. Furthermore, if a TANF recipient fails to cooperate for two consecutive
months, the family's TANF case will be closed, and the family will be required
to reapply for TANF cash assistance. Before certification, the conditional
applicant will be required to attend a Workforce Orientation for Applicants
(WOA) and to demonstrate one month of cooperation with Choices service requirements.
TDHS will not process the family's TANF application until the Texas Workforce
Center sends a notification to the local TDHS office indicating that the Choices
service requirements were met.
The Commission's intent is to ensure that failure to cooperate is not a
result of circumstances that would have prevented Choices participation. Therefore,
the Commission will continue to stress the importance of contacting individuals
to determine whether a good cause reason for nonparticipation exists.
During the one-month period of demonstrated cooperation, support services
will be available as needed. For that reason and consistent with new §31.0032,
Human Resources Code as amended by HB 2292, §809.102 relating to Choices
Child Care is changed to include that children of sanctioned families and
conditional applicants that must demonstrate cooperation prior to the reinstatement
of their TANF cash assistance are eligible to receive Choices Child Care.
These changes further align the receipt of cash assistance with employment,
similar to the world of work, because employers pay their employees only after
working for a specific period of time.
Although the rules are repealed in full and adopted as new, many of the
provisions of the current rules are retained. For a copy of a comparison document
of the existing rules with the emergency rules, please see the Commission
web page at http://www.twc.state.tx.us/twcinfo/rules/prorules.html. To provide
clarity to the rules, throughout the rules, technical modifications are made
to update references to "recipients." This is done in conjunction with changes
to the Choices definitions to clarify that sanctioned families and conditional
applicants are considered mandatory individuals. Following is a more detailed
explanation of the rule changes.
Section 811.2 sets forth the definitions relating to Choices services.
The following terms are added: "conditional applicant," "mandatory individual,"
"mandatory recipient," and "sanctioned family." The terms individual, applicant,
recipient, and former recipient were reviewed for appropriateness and, if
necessary, modified to describe the applicable populations.
The Commission clarifies that a sanctioned family who must demonstrate
one month of cooperation in the program month following the family's initial
Choices noncooperation may or may not be receiving TANF cash assistance. Due
to the TDHS automation schedule, penalties that are received after the TDHS
"cut-off" date will not be effective in the following month. For example,
in September, the TDHS cut-off date is September 17. If a recipient noncooperates
in September and Workforce Center staff submit a penalty request on September
17, the effective date of the full-family sanction will be in November. However,
the recipient must demonstrate cooperation throughout the month of October,
which is the first program month after the month of noncooperation. During
the month of October, the sanctioned family will still be receiving TANF cash
assistance, and is considered mandatory; therefore, the sanctioned family
will be in the Board's denominator for this month.
The term "work activity" is also added. Because of the fundamental barriers
addressed in the Responsibility Agreement, the Commission has determined that
inherent to the definition of work are the concepts included in the Responsibility
Agreement which support a recipient's continued job readiness. Without cooperation
with the Responsibility Agreement, the individual would be hindered in his
or her ability to work or retain employment.
Section 811.3 sets forth Choices Service Strategies. The terms applicant,
recipient, and former recipient were reviewed for appropriateness and, if
necessary, modified to describe the applicable populations.
Section 811.11 sets forth Board Responsibilities. The terms applicant and
recipient were reviewed for appropriateness and, if necessary, modified to
describe the applicable populations. The rules also require conditional applicants,
who must demonstrate one month of cooperation with Choices and attend a WOA,
to be enrolled immediately in Choices services. This section requires Boards
to develop collaborative partnerships with housing authorities and sponsors
of local housing programs to address unmet housing needs of Choices individuals.
Finally, this section requires that Boards establish a referral program for
individuals with higher than average barriers to employment, so they may receive
services to address such barriers.
Section 811.12 sets forth Applicant Responsibilities. The term applicant
was reviewed for appropriateness and modified, if necessary, to describe the
applicable populations. The rule clarifies that conditional applicants must
attend a WOA.
Section 811.13 sets forth Responsibilities of Mandatory Individuals. The
terms individual and recipient were reviewed for appropriateness and, if necessary,
modified to describe the applicable populations.
Section 811.14 sets forth issues regarding Noncooperation. The provisions
contain the same language set forth in §811.11, with the following changes.
Timely and reasonable attempts must be made to contact recipients, sanctioned
families, and conditional applicants to determine their reasons for noncooperation.
If good cause is not determined, these individuals must be notified of their
right to appeal. Additionally, recipients who were not in sanction status
must be notified of the required procedures to demonstrate one month of cooperation
prior to the reinstatement of their family's TANF cash assistance.
Section 811.15 sets forth issues regarding Demonstrated Cooperation. This
section sets forth the requirements for sanctioned families and conditional
applicants to demonstrate one month of cooperation prior to reinstating their
family's TANF cash assistance.
Section 811.16 sets forth Good Cause for Mandatory Individuals. The term
recipient was reviewed for appropriateness and, if necessary, modified to
describe the applicable populations. Families who must demonstrate one month
of cooperation may receive good cause. If good cause is granted, TDHS shall
be notified that the family demonstrated cooperation, and the family's TANF
cash assistance may be reinstated.
Section 811.21 sets forth General Provisions for Choices services. This
section adds language to address the impact of the Fair Labor Standards Act
on sanctioned families and conditional applicants who are not receiving TANF
cash assistance, and who may be participating in an unpaid work activity.
The allowable number of hours in such activities will be based on the household's
food stamp allotment divided by the minimum wage.
Section 811.22 sets forth Assessment provisions. The term recipient was
reviewed for appropriateness and, if necessary, modified to describe the applicable
populations. Changes were also made to require that ongoing assessments address
any skills needed for job-specific training. It is the Commission's intent
that job skills training be provided within the Work First service delivery
design and, as appropriate, be provided to assist individuals in obtaining
needed skills as identified by employers. This section ensures that assessments
identify recipients with higher than average barriers to employment, so those
individuals may be referred to community-based organizations, and other entities,
to address the barriers.
Section 811.23 sets forth provisions regarding the Family Employment Plan.
The term recipient was reviewed for appropriateness and, if necessary, modified
to describe the applicable populations. In addition, new language is added
to incorporate the requirements of the Responsibility Agreement in the Family
Employment Plan. Adults in TANF families have the responsibility to ensure
the health and welfare of their children. This has a direct impact on their
ability to obtain and retain employment.
In §§811.24-811.30 the term recipient was reviewed for appropriateness
and, if necessary, modified to describe the applicable populations. Sanctioned
families are not subject to the four/six week job search limitation during
the month in which they are not receiving TANF cash assistance. The four/six
week limitation is only applicable to families who are receiving a TANF cash
assistance.
Sections 811.31 and 811.32 set forth Special Provisions regarding Conditional
Applicants and Sanctioned Families to require that any job search activities
be staff assisted.
Section 811.41 regarding Job Search and Job Readiness Assistance includes
a new description of staff-assisted services.
In §§811.45 - 811.50 the term recipient was reviewed for appropriateness
and, if necessary, modified to describe the applicable populations.
Section 811.51 regarding Post-Employment Services was reviewed. The terms
recipient and former recipient were modified, if necessary, to describe the
applicable populations. Language was also added to encourage Boards to utilize
mentoring techniques as part of their post-employment service strategies.
Section 811.61 sets forth Support Services issues. The new language clarifies
that any support service classified as cash assistance may only be provided
for four months or less to an unemployed individual who is not already receiving
cash assistance. This section also contains language to clarify that conditional
applicants and sanctioned families may receive necessary support services
in order to demonstrate one month of cooperation.
Section 811.63(b) was removed because it applies to all support services,
which is now located under §811.63.
Under federal regulations, support services designed to meet a basic need,
such as transportation, are classified as cash assistance when provided to
an unemployed TANF recipient. The federal regulations do provide for an exception
if such services are designed to be short term. Therefore, the rules clarify
that these support services are classified as a short-term nonrecurrent benefit-that
is, they are designed to last for less than four months and, therefore, are
exempt from the federal definition of cash assistance.
Randy Townsend, Chief Financial Officer, has determined that for each year
of the first five years the rules will be in effect, the following statements
will apply:
There are no additional estimated costs to the state and to local governments
expected as a result of enforcing or administering the rules;
There are no estimated reductions in costs to the state and to local governments
as a result of enforcing or administering the rules;
There are no estimated losses or increases in revenue to the state or to
local governments as a result of enforcing or administering the rules;
There are no foreseeable implications relating to costs or revenue of the
state or local governments as a result of enforcing or administering the rules;
and
There are no anticipated economic costs to persons required to comply with
the rules.
Mr. Townsend has also determined that there is no anticipated adverse impact
on small businesses as a result of enforcing or administering the rules because
small businesses are not regulated or required to do anything by the rules.
James Barnes, Director of Labor Market Information, has determined that
there is no significant negative impact upon employment conditions in this
state as a result of the proposed rules.
Luis Macias, Director of Workforce Division, has determined that for each
year of the first five years the rules are in effect, the public benefit anticipated
as a result of enforcing the rules will be to provide activities and support
services in a more flexible manner to meet the needs of persons receiving
TANF and demonstrating cooperation as a condition of the reinstatement of
TANF, to become self-sufficient and independent of public assistance and to
provide employers with a skilled workforce.
Comments on the proposed section may be submitted to John Moore, General
Counsel, Texas Workforce Commission, 101 East 15th Street, Room 608, Austin,
Texas 78778; Fax 512-463-2220; or e-mailed to john.moore@twc.state.tx.us.
Comments must be received by the Commission no later than thirty (30) days
from the date this proposal is published in the
Texas Register
.
For information about the Commission please visit our web page at www.twc.state.tx.us.
Subchapter A. GENERAL PROVISIONS
40 TAC §§811.1 - 811.3
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed repeal affects Human Resources Code Title 2, particularly
Chapters 31, 34, 44, Human Resources Code.
§811.1.Purpose and Goal.
§811.2.Definitions.
§811.3.Choices Service Strategy.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on August 5, 2003.
TRD-200304735
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.11 - 811.14
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed repeal affects Human Resources Code Title 2, particularly
Chapters 31, 34, 44, Human Resources Code.
§811.11.Board Responsibilities.
§811.12.Applicant Responsibilities.
§811.13.Recipient Responsibilities.
§811.14.Good Cause for Recipients.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 5, 2003.
TRD-200304736
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.21 - 811.30
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed repeal affects Human Resources Code Title 2, particularly
Chapters 31, 34, 44, Human Resources Code.
§811.21.General Provisions.
§811.22.Assessment.
§811.23.Family Employment Plan.
§811.24.Family Work Requirement Form for Two-Parent Families.
§811.25.TANF Core and TANF Non-Core Activities.
§811.26.Special Provisions Regarding Core and Non-Core Activities.
§811.27.Special Provisions for Teen Heads of Household.
§811.28.Special Provisions for Recipients in Single-Parent Families with Children Under Age Six.
§811.29.Special Provisions Regarding Exempt Recipients Who Voluntarily Participate.
§811.30.Special Provisions Regarding Persons with Disabilities.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 5, 2003.
TRD-200304737
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.41 - 811.52
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed repeal affects Human Resources Code Title 2, particularly
Chapters 31, 34, 44, Human Resources Code.
§811.41.Job Search and Job Readiness Assistance.
§811.42.Unsubsidized Employment.
§811.43.Subsidized Employment.
§811.44.On-the-Job Training.
§811.45.Work Experience.
§811.46.Community Service.
§811.47.Child Care Services to a Recipient Participating in Community Service.
§811.48.Vocational Educational Training.
§811.49.Job Skills Training.
§811.50.Educational Services for Recipients Who Have Not Completed Secondary School or Received a Certificate of General Equivalence.
§811.51.Post-Employment Services.
§811.52.Parenting Skills Training.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 5, 2003.
TRD-200304738
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.61 - 811.67
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed repeal affects Human Resources Code Title 2, particularly
Chapters 31, 34, 44, Human Resources Code.
§811.61.Support Services.
§811.62.Child Care for Choices Individuals.
§811.63.Transportation.
§811.64.Work-Related Expenses.
§811.65.Wheels to Work.
§811.66.Certificate of General Equivalence (GED) Testing Payments.
§811.67.Individual Development Accounts (IDAs).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 5, 2003.
TRD-200304739
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.71 - 811.73
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed repeal affects Human Resources Code Title 2, particularly
Chapters 31, 34, 44, Human Resources Code.
§811.71.Board Review.
§811.72.Appeals to the Agency.
§811.73.Appeals to the Texas Department of Human Services (TDHS).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 5, 2003.
TRD-200304740
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.1 - 811.3
The new rules are proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed new rules affect Human Resources Code Title 2, particularly
Chapters 31, 34, and 44, Human Resources Code.
§811.1.Purpose and Goal.
(a)
The purposes of Temporary Assistance for Needy Families
(TANF), as set forth in Title IV, Social Security Act, §401 (42 U.S.C.A. §601)
are:
(1)
provide assistance to needy families so that children may
be cared for in their own homes or in the homes of relatives;
(2)
end the dependence of needy parents on government benefits
by promoting job preparation, work, and marriage;
(3)
prevent and reduce the incidence of out-of-wedlock pregnancies;
and
(4)
encourage the formation and maintenance of two-parent families.
(b)
The goal of Choices services is to end the dependence of
needy parents on public assistance by promoting job preparation, work, and
marriage. A Board may exercise flexibility in providing services to Choices
individuals to meet this Choices goal. A Board is also provided the flexibility
and may engage in strategies that promote the prevention and reduction of
out-of-wedlock pregnancies and encourage the formation and maintenance of
two-parent families if those strategies support the primary goal of Choices
services, which is employment and job retention.
(c)
The goal of the Commission is to ensure delivery of the
employment and training activities as described in the TANF State Plan.
(d)
Boards shall identify the workforce needs of local employers
and design Choices services to ensure that local employer needs are met and
that the services are consistent with the goals and purposes of Choices services
as referenced in this section, and as authorized by PRWORA, the applicable
federal regulations at 45 C.F.R. Part 260 - 265, the TANF State Plan, this
chapter, and consistent with a Board's approved integrated workforce training
and services plan as referenced in §801.17 of this title.
§811.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Applicant--An adult, or teen head of household, in a family
who applies for temporary cash assistance, who previously did not leave TANF
in a sanctioned status.
(2)
TDHS--The Texas Department of Human Services.
(3)
Earned Income Deduction (EID)--A standard work-related
and income deduction, available through the TDHS for four months, as defined
in TDHS Rules, 40 TAC, §3.1003 to recipients who are employed at least
30 hours a week and earn at least $700 a month.
(4)
Choices Individual--An adult, or teen head of household,
in a family who is an applicant, conditional applicant, recipient, former
recipient, or sanctioned family as defined in this chapter.
(5)
Conditional Applicant--An adult, or teen head of household,
in a family who left TANF in a sanctioned status, but who is reapplying for
temporary cash assistance.
(6)
Mandatory Individual--An adult, or teen head of household,
in a family who is a conditional applicant, mandatory recipient, or sanctioned
family as defined in this chapter.
(7)
PRWORA--The Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Pub. L. No. 104-193, 110 Stat. 2105, as amended.
(8)
Recipient--An adult, or teen head of household, in a family
who receives temporary cash assistance, and includes:
(A)
Exempt Recipient--A recipient who is not required to participate
in Choices services, as defined by TDHS Rules, 40 TAC, 3.1101;
(B)
Extended TANF Recipient--A recipient who receives TANF
cash assistance past the 60-month time limit because of a hardship exemption
as defined in TDHS Rules, 40 TAC, §3.6001;
(C)
Former Recipient--an adult, or teen head of household,
in a family who no longer receives temporary cash assistance because of employment;
or
(D)
Mandatory Recipient--An adult, or teen head of household,
in a family, including extended TANF recipients who are required as defined
by TDHS Rules, 40 TAC, §3.1101, and §3.6001, to participate in Choices
services.
(9)
Sanctioned Family--An adult, or teen head of household,
in a family who must demonstrate cooperation for one month in order to reinstate
TANF cash assistance.
(10)
Temporary cash assistance--The cash grant provided through
TDHS to individuals who meet certain residency, income, and resource criteria
as provided under federal and state statutes and regulations, including the
PRWORA, the TANF block grant statutes, the TANF State Plan, temporary cash
assistance provided under Texas Human Resources Code Chapters 31 or 34, and
other related regulations. The term is also referred to as "TANF cash assistance."
(11)
Work Activity--For the purposes of 45 USCA §607 and
45 CFR §261.10, work activities are defined as:
(A)
all activities set forth in the Responsibility Agreement,
as set forth in this chapter; and
(B)
all TANF Core and Non-Core activities, as set forth in
this chapter.
(12)
Work-Based Services--Includes those services defined in
Human Resources Code §31.0126.
(13)
Work Ready--A Choices individual is considered work ready
if he or she has the skills that are required by employers in the workforce
area. A Board must ensure immediate access to the labor market to determine
whether the Choices individual has those necessary skills to obtain employment.
§811.3.Choices Service Strategy.
(a)
A Board shall ensure that its strategic planning process
includes an analysis of the local labor market to:
(1)
determine employers' needs;
(2)
determine emerging and demand occupations; and
(3)
identify employment opportunities, which includes those
with a potential for career advancement.
(b)
A Board shall set local policies for a Choices service
strategy that coordinates various service delivery approaches to:
(1)
assist applicants and conditional applicants in gaining
employment as an alternative to public assistance;
(2)
utilize a work first design as referenced in paragraph
(2) of subsection (c) of this section to provide mandatory individuals, and
exempt recipients who voluntarily participate in Choices services, access
to the labor market; and
(3)
assist former recipients in job retention and career advancement
to remain independent of temporary cash assistance.
(c)
The Choices service strategy shall include:
(1)
Workforce Orientation for Applicants (WOA). As a condition
of eligibility, applicants and conditional applicants are required to attend
a workforce orientation that includes information on options available to
allow them to enter the Texas workforce.
(2)
Work First Design.
(A)
The work first design:
(i)
allows individuals to take immediate advantage of the labor
market and secure employment, which is critical due to individual time-limited
benefits; and
(ii)
meets the needs of employers by linking individuals with
skills that match those job requirements identified by the employer.
(B)
Boards shall provide individuals access to other services
and activities available through the One-Stop Service Delivery Network, which
includes the WOA, to assist with employment in the labor market before certification
for temporary cash assistance.
(C)
Post-employment services shall be provided in order to
assist an individual's progress towards self-sufficiency as described in paragraph
(3) of subsection (c) of this section and §811.51 of this chapter.
(D)
In order to assist an individual's progress toward self-sufficiency:
(i)
Boards shall provide Choices individuals who are employed,
including those receiving the EID, with information on available post-employment
services; or
(ii)
Boards may provide Choices individuals with post-employment
services as determined by Board policy. The length of time these services
may be provided is subject to §811.51 of this chapter.
(E)
In order to assist employers, Boards shall coordinate with
local employers to address needs related to:
(i)
employee post-employment education or training;
(ii)
employee child care, transportation or other support services
available to obtain and retain employment; and
(iii)
employer tax credits.
(F)
A Board shall ensure that a family employment plan is based
on employer needs, individual skills and abilities, and individual time limits
for temporary cash assistance.
(3)
Post-Employment Services. A Board shall ensure that post-employment
services are designed to assist individuals with job retention, career advancement
and reemployment, as defined in §811.51 of this chapter. Post-employment
services are a continuum in the Choices service strategy to support an individual's
progression to self-sufficiency.
(4)
Adult Services. A Board shall ensure that services for
adults shall include activities individually designed to lead to employment
and self-sufficiency as quickly as possible.
(5)
Teen Services. A Board shall ensure that services for teen
heads of household shall include assistance with completion of secondary school
or a certificate of general equivalence and making the transition from school
to employment, as described in §811.27 and §811.50 of this chapter.
(6)
Individuals with Disabilities. A Board shall ensure that
services for individuals with disabilities include reasonable accommodations
to allow the individuals to access and participate in services, where applicable
by law A Board shall ensure that Memoranda of Understanding (MOU) are established
with the appropriate agencies to serve individuals with disabilities.
(7)
Target Populations. A Board shall ensure that services
are concentrated, as further defined in §811.11(e) and (f) of this chapter,
on the needs of the following:
(A)
recipients who have 6 months or less remaining of their
state TANF time limit, irrespective of any extension of time due to a hardship
exemption;
(B)
recipients who have twelve months or less remaining of
their 60-month TANF time limit, irrespective of any extension of time due
to a hardship exemption; and
(C)
recipients who are Extended TANF Recipients.
(8)
Local Flexibility. A Board may develop additional service
strategies that are consistent with the goal and purpose of this chapter and
the One-Stop Service Delivery Network.
(9)
Local-Level MOU. A Board shall ensure the development of
a local-level MOU in cooperation with TDHS for coordinated case management
that is consistent with the MOU between TDHS and the Commission.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 5, 2003.
TRD-200304741
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.11 - 811.16
The new rules are proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed new rules affect Human Resources Code Title 2, particularly
Chapters 31, 34, and 44, Human Resources Code.
§811.11.Board Responsibilities.
(a)
A Board shall ensure that:
(1)
procedures are developed, in conjunction with TDHS, to
notify applicants and conditional applicants on the availability of regularly
scheduled Workforce Orientations for Applicants (WOA) and alternative WOAs;
(2)
the WOA is offered frequently enough to allow applicants
and conditional applicants to comply with the TDHS requirement that gives
applicants ten (10) calendar days to attend a WOA;
(3)
during a regularly scheduled WOA or alternative WOA, applicants
and conditional applicants are informed of:
(A)
employment services available through the One-Stop Service
Delivery Network to assist applicants in achieving self-sufficiency without
the need for temporary cash assistance;
(B)
benefits of becoming employed;
(C)
impact of time-limited benefits;
(D)
individual and parental responsibilities; and
(E)
other services and activities, including education and
training, available through the One-Stop Service Delivery Network;
(4)
alternative WOAs are developed that allow applicants and
conditional applicants with extraordinary circumstances to receive the information
listed in §811.11(a)(3) of this subsection;
(5)
procedures are developed to notify TDHS of applicants and
conditional applicants who contacted the Board's workforce centers to request
alternative WOAs;
(6)
verification that applicants and conditional applicants
attend a scheduled or alternative WOA is completed and TDHS is notified in
accordance with TDHS rule, 40 T.A.C. §3.7301; and
(7)
applicants and conditional applicants are provided with
an appointment to develop a family employment plan.
(b)
A Board shall ensure that:
(1)
Choices services are offered to applicants who attend a
WOA.
(2)
Conditional applicants who attend a WOA are immediately
scheduled to begin Choices services.
(c)
A Board shall ensure that recipient status is verified
monthly.
(d)
A Board shall establish a collaborative partnership with
housing authorities and sponsors of local housing programs and services to
address the unmet housing needs of recipients.
(e)
A Board shall develop policies and procedures to ensure
that services are concentrated on individuals approaching their state or federal
time limit, as identified in §811.3(c)(7)(A) and (B) of this chapter.
Concentrated services may include targeted outreach, enhanced analysis of
circumstances that may limit a recipient's ability to participate, and targeted
job development.
(f)
A Board shall ensure that all Extended TANF Recipients
are outreached and offered the opportunity to participate in Choices activities.
(g)
A Board shall ensure that post-employment services, including
job retention and career advancement services, are available to Choices individuals
including those receiving EID.
(h)
A Board shall ensure that the monitoring of Choices requirements
and activities is ongoing and frequent, as determined by a Board, and consists
of the following:
(1)
ensuring receipt of support services
(2)
tracking and reporting of support services;
(3)
tracking and reporting actual hours of participation, at
least monthly;
(4)
determining and arranging for any intervention needed to
assist the individual in complying with Choices service requirements;
(5)
ensuring that the individual is progressing toward achieving
the goals and objectives in the family employment plan; and
(6)
monitoring all other participation requirements.
(i)
A Board shall ensure that:
(1)
no less than four hours of training regarding family violence
is provided to staff who:
(A)
provide information to Choices individuals;
(B)
recommend penalties or grant good cause; or
(C)
provide employment planning or employment retention services;
(2)
Choices individuals who are identified as being victims
of family violence are referred to an individual or an agency that specializes
in issues involving family violence.
(j)
A Board shall ensure that documentation is obtained and
maintained regarding all contact with Choices individuals and data entered
into TWIST.
(k)
A Board shall ensure that a referral program is developed
to provide Choices individuals with higher than average barriers to employment,
as described in this chapter, with referrals to pre-employment and post-employment
services offered by community-based and other organizations.
§811.12.Applicant Responsibilities.
Applicants and conditional applicants are required to attend a scheduled
or an alternative WOA, in accordance with TDHS rule 40 T.A.C. §§3.7301-3.7302.
§811.13.Responsibilities of Mandatory Individuals.
(a)
A Board shall ensure that mandatory individuals , and exempt
recipients who voluntarily participate in Choices services, comply with the
provisions contained in this section.
(b)
Mandatory individuals, and exempt recipients who voluntarily
participate in Choices services, shall:
(1)
accept a job offer at the earliest possible opportunity;
(2)
participate in or receive ancillary services necessary
to enable mandatory individuals to work or participate in employment-related
activities, including counseling, treatment, vocational or physical rehabilitation,
and medical or health services;
(3)
report hours of participation in component activities,
including hours of employment; and
(4)
attend scheduled appointments.
(c)
Within two-parent families, mandatory individuals, and
exempt recipients who voluntarily participate in Choices services, shall participate
in assessment and family employment planning appointments and assigned employment
and training activities as follows:
(1)
participate in Choices employment and training as specified
in §811.25(c)-(d) of this chapter;
(2)
comply with requirements regarding core and non-core activities,
as specified in §§811.25-811.30 of this chapter; and
(3)
sign a form that contains all the information identified
in the Commission's Family Work Requirement form, as described in §811.24
of this chapter.
(d)
Within single-parent families, mandatory individuals, and
exempt recipients who voluntarily participate in Choices services, shall participate
in assessment and employment planning appointments and assigned employment
and training activities as follows:
(1)
participate in Choices employment and training activities
as specified in §811.25(b) of this chapter; and
(2)
comply with requirements regarding core and non-core activities,
as specified in §§811.25-811.30 of this chapter.
(e)
A Board shall ensure that recipients who elect to receive
the EID through TDHS:
(1)
report actual hours of work to a Board; and
(2)
are provided with information on available post-employment
services.
§811.14.Noncooperation.
(a)
A Board shall ensure that cooperation by mandatory individuals
with Choices requirements is verified each month to ensure that the individuals:
(1)
comply with Choices services requirements as set forth
in the family employment plan, unless the recipient is exempted by TDHS;
(2)
have good cause as described in this chapter; or
(3)
have not cooperated with Choices requirements and a penalty
is requested.
(b)
A Board shall ensure that timely and reasonable attempts,
as defined by the Board, are made to contact a recipient prior to initiating
a penalty to:
(1)
determine the reason for noncooperation;
(2)
inform the recipient of:
(A)
the violation, if good cause has not been determined;
(B)
the right to appeal; and
(C)
the necessary procedures to demonstrate cooperation.
(c)
A Board shall ensure that timely and reasonable attempts,
as defined by the Board, are made to contact a sanctioned family and conditional
applicants upon discovery of noncooperation to determine if good cause exists.
(d)
A Board shall ensure that the reasonable attempts to contact
a mandatory individual are documented.
(e)
A Board shall ensure that TDHS is notified of:
(1)
a recipient's failure to comply with Choices services requirements;
and
(2)
that the noncooperation is submitted as early as possible
in the same month in which the noncooperation occurs.
§811.15.Demonstrated Cooperation.
(a)
Conditional applicants are required to demonstrate one
month of cooperation to become eligible for reinstatement of TANF cash assistance.
(b)
Sanctioned families are required to demonstrate one month
of cooperation as a condition of eligibility for TANF cash assistance.
(c)
A Board shall ensure that TDHS is immediately notified
if:
(1)
a sanctioned family denied TANF cash assistance because
of one month of noncooperation has demonstrated full cooperation with Choices
requirements for the program month immediately following the program month
in which the family noncooperated;
(2)
a conditional applicant whose TANF case is closed because
of two or more months of noncooperation has demonstrated full cooperation
with Choices requirements for four consecutive weeks; or
(3)
a sanctioned family or conditional applicant has been granted
good cause during the demonstrated cooperation period.
§811.16.Good Cause for Mandatory Individuals.
(a)
Good cause applies only to mandatory individuals, and exempt
recipients who voluntarily participate in Choices services. A Board shall
ensure that good cause is determined as provided in this chapter.
(b)
A Board shall ensure that a good cause determination:
(1)
is based on individual and family circumstances;
(2)
is based on face-to-face or telephone contact;
(3)
covers a temporary period when mandatory individuals, or
exempt recipients who voluntarily participate in Choices services, may be
unable to attend scheduled appointments or participate in ongoing work activities;
(4)
is made at the time the change in circumstances is made
known to the Board's service provider; and
(5)
is conditional upon efforts to address circumstances that
limit the ability to participate in Choices services as required in the Responsibility
Agreement.
(c)
The following reasons may constitute good cause for purposes
of this chapter:
(1)
temporary illness or incapacitation;
(2)
court appearance;
(3)
caring for a physically or mentally disabled household
member who requires the recipient's presence in the home;
(4)
a demonstration that there is:
(A)
no available transportation and the distance prohibits
walking; or
(B)
no available job within reasonable commuting distance,
as defined by the Board;
(5)
an inability to obtain needed child care, as defined by
the Board and based on the following reasons:
(A)
informal child care by a relative or under other arrangements
is unavailable or unsuitable, and based on, where applicable, Board policy
regarding child care as specified in §811.47 of this chapter. Informal
child care may also be determined unsuitable by the parent;
(B)
eligible formal child care providers are unavailable, as
defined in Chapter 809 of this title;
(C)
affordable formal child care arrangements within maximum
rates established by the Board are unavailable; and
(D)
formal or informal child care within a reasonable distance
from home or the work site is unavailable;
(6)
is without other support services necessary for participation;
(7)
receives a job referral that results in an offer below
the federal minimum wage, except when a lower wage is permissible under federal
minimum wage law;
(8)
is in a family crisis or a family circumstance that may
preclude participation, including substance abuse, and mental health, provided
the mandatory individual, or exempt recipient who voluntarily participates
in Choices services, engages in problem resolution through appropriate referrals
for counseling and support services; or
(9)
is a victim of family violence.
(d)
A Board shall promulgate policies and procedures for determining
a family's inability to obtain child care and shall ensure that mandatory
individuals in single-parent families caring for children under age six are
informed of:
(1)
the penalty exception to the family work requirement, including
the criteria and applicable definitions for determining whether a mandatory
individual has demonstrated an inability to obtain needed child care, as defined
in §811.16(c)(5)(A)-(D) of this section.
(2)
a Board's policy and procedures for determining a family's
inability to obtain needed child care, and any other requirements or procedures,
such as fair hearings, associated with this provision, as required by 45 CFR §261.56.
(e)
A Board shall ensure that good cause:
(1)
is reevaluated at least on a monthly basis;
(2)
is extended if the circumstances giving rise to the good
cause exception are not resolved after available resources to remedy the situation
have been considered; and
(3)
that is based on the existence of family violence does
not exceed a total of twelve consecutive months per occurrence.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 5, 2003.
TRD-200304742
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.21 - 811.32
The new rules are proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed new rules affect Human Resources Code Title 2, particularly
Chapters 31, 34, and 44, Human Resources Code.
§811.21.General Provisions.
(a)
A Board shall ensure that services are available to assist
Choices individuals with obtaining employment as quickly as possible and,
if employed, with retaining employment. These services may include:
(1)
job readiness and job search-related services;
(2)
work-based services;
(3)
post-employment services;
(4)
education and training services as described in this chapter;
and
(5)
support services.
(b)
A Board shall ensure that employment and training activities
are conducted in compliance with the Fair Labor Standards Act (FLSA) as follows:
(1)
the amount of time per week that a recipient may be required
to participate in activities that are not exempt from minimum wage and overtime
under the FLSA shall be determined by the temporary cash assistance and food
stamp benefits amount being divided by the minimum wage so that the amount
paid to the recipient would be equal to or more than the amount required for
payment of wages, including minimum wage and overtime; or
(2)
the amount of time per week that a sanctioned family or
conditional applicant may be required to participate in activities that are
not exempt from minimum wage and overtime under the FLSA shall be determined
by the food stamp benefits amount being divided by the minimum wage so that
the amount paid to the sanctioned individual would be equal to or more than
the amount required for payment of wages, including minimum wage and overtime;
and
(3)
if a Board provides activities that meet all of the following
categories set forth in this paragraph, the activity is considered "training"
under the FLSA and minimum wage and overtime is not required:
(A)
the training is similar to that given in a vocational school;
(B)
the training is for the benefit of the trainees;
(C)
trainees do not displace regular employees;
(D)
employers derive no immediate advantage from trainees'
activities;
(E)
trainees are not entitled to a job after training is completed;
and
(F)
employers and trainees understand that trainee is not paid.
(c)
A Board shall ensure that placement in work-based services
does not result in the displacement of currently employed workers or impair
existing contracts for services or collective bargaining agreements.
(d)
A Board may, through local policies and procedures, require
the use of the Eligible Training Provider Certification System (ETPS) and
Individual Training Account (ITA) systems as described in 40 T.A.C. Chapter
841 to provide for Choices services for individuals participating in Choices
services and paid for with TANF funds.
(e)
A Board shall, through local policies and procedures, make
available job development services, which include:
(1)
contacting local employers or industry associations to
request that job openings be listed with Texas Workforce Centers, and other
entities in the One-Stop Service Delivery Network selected by the Board;
(2)
identifying the hiring needs of employers;
(3)
assisting the employer in creating new positions for job
seekers based on the job developer's and employer's analysis of the employer's
business needs; or
(4)
finding opportunities with an employer for a specific job
seeker or a group of job seekers.
(f)
A Board shall ensure that job development services identify,
at a minimum, job openings for current mandatory individuals.
(g)
A Board shall, through local policies and procedures, make
available job placement services. Job placement services shall include:
(1)
identifying employers' workforce needs;
(2)
identifying job seekers who have sufficient skills and
abilities to be successfully linked with employment; and
(3)
matching the skills of the job seeker pool to the hiring
needs of local employers.
§811.22.Assessment.
(a)
A Board shall ensure that initial and ongoing assessments
are performed to determine the employability and retention needs of Choices
individuals as follows:
(1)
An assessment is required for mandatory individuals, and
for exempt recipients who voluntarily participate in Choices services, and
who are:
(A)
at least age 18; or
(B)
heads of household, as determined by TDHS, who are not
yet age 18, have not completed secondary school or received a certificate
of general equivalence, and are not attending secondary school.
(2)
An assessment shall be provided to applicants who choose
to participate in Choices services.
(3)
Ongoing assessments shall be provided to former recipients
who choose to participate in Choices services.
(b)
Assessments shall include evaluations of strengths and
potential barriers to obtaining and retaining employment, such as:
(1)
skills and abilities, employment, and educational history
in relation to employers' workforce needs in the local labor market;
(2)
pre-and post-employment skills development needs to determine
the necessity for job-specific training;
(3)
support services needs; and
(4)
family circumstances that may affect participation, including
the existence of family violence, substance abuse, and mental health, or the
need for parenting skills training, as one of the factors considered in evaluating
employability.
(c)
A Board shall ensure that the assessment identifies Choices
individuals with higher than average barriers to employment, as defined by
the Board.
(d)
For mandatory individuals who are at least age 18, or who
are heads of household but are not yet age 18 and have not completed secondary
school or received a certificate of general equivalence and are not attending
secondary school:
(1)
The assessments shall also include evaluations of the mandatory
individual's:
(A)
vocational and educational skills, experience, and needs;
and
(B)
literacy level by using a statewide standard literacy assessment
instrument with the following exception: recipients receiving the EID are
excluded from the literacy assessment. A Board shall ensure that the grade-level
results or other literacy information is provided to TDHS for use in determining
the appropriateness of the initial state time-limit designation for temporary
cash assistance as described in the Texas Human Resources Code §31.0065,
relating to state time-limited benefits.
(2)
The grade-level results or other literacy information are
provided to TDHS for use in determining the appropriateness of the initial
state time-limit designation for temporary cash assistance as described in
the Texas Human Resources Code §31.0065, relating to state time-limited
benefits.
(e)
Assessment Outcome. Assessments shall result in the development
of a family employment plan, as described in §811.23 of this subchapter.
§811.23.Family Employment Plan.
(a)
Boards must ensure that prior to the development of a family
employment plan, mandatory individuals receive general information about services
provided through the One-Stop Service Delivery Network that will assist them
in obtaining employment, if the recipient did not receive this information
during the WOA.
(b)
Family employment plans are required for mandatory individuals,
and exempt recipients who voluntarily participate in Choices services.
(c)
Family employment plans shall be developed with applicants
and former recipients who choose to participate in Choices services.
(d)
A Board shall ensure that a family employment plan is developed
during the assessment and:
(1)
is based on assessments, as described in §811.22 of
this subchapter;
(2)
contains the goal of self-sufficiency through employment
to meet the needs of the local labor market;
(3)
contains the steps and services to achieve the goal, including:
(A)
connecting the job seeker immediately to the local labor
market;
(B)
addressing potential barriers that limit the job seeker's
ability to work or participate in activities;
(C)
arranging support services for the job seeker or the family
to address circumstances that limit the individual's ability to work or participate,
including services for family violence;
(D)
developing specific post-employment targets with methods
and time frames for reaching the goal of a self-sufficiency wage; and
(E)
requiring mandatory individuals to notify the Board's service
provider of changes in family circumstances that may preclude participation
in Choices services.
(4)
is signed by the Choices individual, unless the Choices
individual is a recipient receiving the EID, and a Board's service provider;
and
(5)
assigns required hours and sets forth the participation
agreement for compliance with Choices services requirements. Family employment
plans for two-parent families must include a description of how the required
hours of participation will be distributed between one or both adults in the
two-parent household.
(e)
A Board shall ensure that the family employment plan contains
the responsibilities listed in the Responsibility Agreement, which state that:
(1)
each adult member of the household receiving cash assistance
must participate as required in Choices;
(2)
each family must cooperate with child support requirements
to establish paternity and help obtain child support for children on their
case;
(3)
each adult or teen parent must not voluntarily quit a job
without good cause;
(4)
each child in the family must get a medical checkup as
scheduled through the Texas Health Steps program;
(5)
each child must be current with the required immunizations;
(6)
each child receiving TANF who is younger than 18, or a
teen parent younger than 19, must attend school regularly unless the child
has a high school diploma or a GED;
(7)
each TANF recipient must attend parenting skills classes,
if requested to do so;
(8)
each parent or relative of a child receiving assistance
must not use, sell, or possess controlled substances or abuse alcohol after
signing a Responsibility Agreement; and
(9)
each family must truthfully represent their situation in
completing the application, the interview, providing proof of their situation,
reporting changes in address, income, assets, and family size, and by keeping
or rescheduling all appointments.
(f)
A Board shall ensure that the responsibilities in §811.23(e)(1)
and (3) of this section are monitored for compliance.
(g)
A Board shall ensure that progress towards meeting the
goals of the family employment plan is evaluated and the family employment
plan is modified as appropriate to meet employer needs in the local labor
market.
§811.24.Family Work Requirement Form for Two-Parent Families.
A Board shall ensure that a Family Work Requirement form is developed
for all two-parent families that:
(1)
contains an agreement by both adults in the family to comply
with the family work requirements through distribution of required hours of
participation between one or both adults in the two-parent family; and
(2)
is signed by the adults in the household that are required
to participate in Choices services, except for the following:
(A)
mandatory individuals who are temporarily unable to sign
the form, such as a recipient who is temporarily unavailable; or
(B)
recipients receiving the EID whose only participation requirement
is to report their hours of employment.
§811.25.TANF Core and TANF Non-Core Activities.
(a)
Participation hours are subject to the restrictions regarding
TANF core and TANF non-core activities as set forth in 45 C.F.R. §261.31, §261.32
and §261.33, and as set forth in this section and §811.26 of this
subchapter.
(1)
TANF core activities are:
(A)
job search and job readiness assistance, as described in §811.41
of this chapter;
(B)
unsubsidized employment, as described in §811.42 of
this chapter;
(C)
subsidized employment, as described in §811.43 of
this chapter;
(D)
on-the-job training, as described in §811.44 of this
chapter;
(E)
work experience, as described in §811.45 of this chapter;
(F)
community service, as described in §811.46 of this
chapter;
(G)
vocational educational training, as described in §811.48
of this chapter; or
(H)
child care services to a mandatory recipient, or exempt
recipient who voluntarily participates in Choices services, who is participating
in community service, as described in §811.47 of this chapter.
(2)
TANF non-core activities are:
(A)
job skills training, as described in §811.49 of this
chapter;
(B)
educational services for mandatory individuals, and exempt
recipients who voluntarily participate in Choices services, who have not completed
secondary school or received a certificate of general equivalence, as described
in §811.50 of this chapter.
(b)
A mandatory individual, and exempt recipient who voluntarily
participate in Choices services, in a single-parent family is deemed to be
engaged in work during the month if he or she participates for at least a
minimum weekly average of thirty hours. An average of twenty hours per week
must be derived from participation in core activities. Up to an average of
ten hours per week may be derived from participation in non-core activities.
(c)
Mandatory individuals, and exempt recipients who voluntarily
participate in Choices services, in two-parent families who are not receiving
Commission-funded child care are deemed to be engaged in work during the month
if one or both adults in the family participate for at least a minimum weekly
average of thirty-five hours. An average of thirty hours per week must be
derived from participation in core activities. Up to an average of five hours
per week may be derived from participation in non-core activities.
(d)
Mandatory individuals, and exempt recipients who voluntarily
participate in Choices services, in two-parent families who are receiving
Commission-funded child care are deemed to be engaged in work during the month
if one or both adults in the family participate for at least a minimum weekly
average of fifty-five hours. An average of fifty hours per week must be derived
from participation in core activities. Up to an average of five hours per
week may be derived from participation in non-core activities. The following
work participation exceptions apply to two-parent families who are receiving
Commission-funded child care:
(1)
two-parent families with one adult in good cause status
are deemed to be engaged in work during the month if the adult who is not
in good cause status participates for at least a minimum weekly average of
thirty-five hours. An average of thirty hours per week must be derived from
participation in core activities. Up to an average of five hours per week
may be derived from participation in non-core activities; or
(2)
two-parent families with both adults in good cause status
for whom no penalty will be requested for failure to meet the minimum weekly
average hours based on the good cause determination.
§811.26.Special Provisions Regarding Core and Non-Core Activities.
(a)
Mandatory recipients, with the exception of those described
in §811.27 and §811.30 of this subchapter, who are not in an employment
activity after four weeks of participation in Choices services, must be placed
into community service. Mandatory recipients who are not in an employment
activity after reaching their six-week limit per federal fiscal year in job
search and job readiness activities must be placed into community service.
Mandatory recipients required to participate in a community service activity
must be scheduled to participate no less than the minimum weekly average hours
calculated as specified in §811.21(b) of this subchapter.
(1)
An employment activity is defined as:
(A)
unsubsidized employment, as described in §811.42 of
this chapter;
(B)
subsidized employment, as described in §811.43 of
this chapter;
(C)
on-the-job training, as described in §811.44 of this
chapter; or
(D)
work experience, as described in §811.45 of this chapter.
(2)
The number of hours that a recipient is required to participate
in community service or another unpaid work activity, must be determined in
compliance with the FSLA as described in §811.21(b) of this subchapter.
If a recipient's hours of community service or other unpaid work activity
are not sufficient to meet the core work activities requirement as set forth
in §811.25 (b)-(d) of this subchapter, the recipient must be enrolled
in additional core activities.
(b)
Exempt recipients who voluntarily participate in Choices
services are not subject to the requirements set forth in §811.26(a)
of this section.
(c)
Recipients participating in unsubsidized employment in §811.26(a)(1)(A)
of this section who lose that employment may participate in job search and
job readiness activities unless they have reached the six-week limit per federal
fiscal year.
(d)
Job search and job readiness activities, as defined in §811.41
of this chapter, are limited as follows:
(1)
mandatory recipients, and exempt recipients who voluntarily
participate in Choices services, may not be enrolled for more than 4 weeks
of consecutive activity;
(2)
mandatory recipients, and exempt recipients who voluntarily
participate in Choices services, may not be enrolled for more than 6 weeks
of total activity in a federal fiscal year;
(3)
in order for a mandatory recipient to qualify for their
remaining 2 weeks of job search and job readiness, they must first comply
with §811.26(a) of this section, which requires that the mandatory recipient
be engaged in an employment activity or in community service; and
(4)
only once per federal fiscal year, may a partial week count
as a full week of participation, per recipient.
(e)
Mandatory individuals, and exempt recipients who voluntarily
participate in Choices services, may not be enrolled in vocational education
training, as defined in §811.48 of this chapter, for more than a cumulative
total of 12 months.
(f)
No more than thirty percent of mandatory individuals, and
exempt recipients who voluntarily participate in Choices services, engaged
in work activities in a month may be included in the Board's numerator because
they are:
(1)
participating in vocational educational training; and
(2)
teen heads of household participating in educational activities
as described in §811.27 of this subchapter.
(g)
Mandatory individuals, and exempt recipients who voluntarily
participate in Choices services, shall only be enrolled in core and non-core
activities.
§811.27.Special Provisions for Teen Heads of Household.
(a)
A Board must ensure that teen heads of household who have
not completed secondary school or received a certificate of general equivalence
are enrolled in educational activities as defined in §811.50 of this
chapter.
(b)
Teen heads of household who have not completed secondary
school or received a certificate of general equivalence will count as engaged
in work if they:
(1)
maintain satisfactory attendance at a secondary school
or the equivalent during the month as follows;
(A)
during months in which school is in session, maintains
satisfactory attendance;
(B)
in months in which school is not in session, participates
in allowable activities as described in §811.25 of this subchapter; or
(2)
participate in education directly related to employment
for an average of at least 20 hours per week during the month; or
(3)
participate in Choices employment and training activities
as specified in §811.25 of this subchapter.
§811.28.Special Provisions for Mandatory Individuals, and Exempt Recipients Who Voluntarily Participate in Choices Services, in Single-Parent Families with Children Under Age Six.
(a)
A Board shall ensure that mandatory individuals, and exempt
recipients who voluntarily participate in Choices services, in single-parent
families with children under age six are notified of the penalty exception
to Choices participation as described in §811.16(d) of this chapter.
(b)
A mandatory individual, and exempt recipient who voluntarily
participates in Choices services, in a single-parent family will count as
engaged in work if he or she participates for at least an average of twenty
hours per week in core activities.
§811.29.Special Provisions Regarding Exempt Recipients Who Voluntarily Participate.
Boards are not required to provide Choices services as set forth in §§811.25-811.30
of this subchapter to exempt recipients who fail to meet work requirements.
§811.30.Special Provisions Regarding Persons with Disabilities.
(a)
Mandatory individuals who are disabled shall count as engaged
in work to the extent that the individuals:
(1)
participate in Choices employment and training activities
for the time period and to the extent determined able as specified by a physician;
or
(2)
participate in activities as directed by the Texas Rehabilitation
Commission or similar organization.
(b)
Mandatory individuals needed at home to care for a disabled
adult in the household shall count as engaged in work if the recipient participates
in Choices services for a time period and to the extent determined able as
specified by a physician.
(c)
Mandatory individuals who are needed at home to care for
an ill or disabled child in the household shall count as engaged in work if
the recipient participates in Choices services for a time period and to the
extent determined able as specified by a physician.
§811.31.Special Provisions Regarding Conditional Applicants.
A Board shall ensure that conditional applicants enrolled in job search
activities, as described in this chapter, receive staff-assisted services.
§811.32.Special Provisions Regarding Sanctioned Families.
A Board shall ensure that sanctioned families enrolled in job search
activities, as described in this chapter, receive staff-assisted services.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on August 5, 2003.
TRD-200304743
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.41 - 811.52
The new rules are proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed new rules affect Human Resources Code Title 2, particularly
Chapters 31, 34, and 44, Human Resources Code.
§811.41.Job Search and Job Readiness Assistance.
(a)
Job search and job readiness are core activities as defined
in §811.25(a)(1) of this chapter.
(b)
A Board shall ensure that job search and job readiness
services:
(1)
incorporate the following:
(A)
individual and group activities;
(B)
staff-assisted services in which workforce center staff
provide direction and guidance to job seekers, including appropriate referrals
based on their skills and abilities and pre-scheduled job interviews; and
(C)
client-directed activities.
(2)
are limited to activities necessary for Choices individuals
to secure immediate employment.
(3)
provide individual assistance or coordinated, planned,
and supervised activities that prepare Choices individuals for seeking employment,
and including but are not limited to, the following:
(A)
job skills assessment;
(B)
job placement;
(C)
counseling;
(D)
information on available jobs;
(E)
occupational exploration, including information on local
emerging and demand occupations;
(F)
interviewing skills and practice interviews;
(G)
assistance with applications and resumes;
(H)
job fairs;
(I)
life skills; or
(J)
guidance and motivation for development of positive work
behaviors necessary for the labor market.
(4)
are time-limited as defined in this subchapter.
§811.42.Unsubsidized Employment.
(a)
Unsubsidized employment is a core activity as defined in §811.25(a)(1)
of this chapter.
(b)
Unsubsidized employment includes the following:
(1)
full or part-time employment, in which wages are paid in
full by the employer;
(2)
unsubsidized internship with wages paid by the internship
employer; and
(3)
self-employment.
§811.43.Subsidized Employment.
(a)
Subsidized employment is a core activity as defined in §811.25(a)(1)
of this chapter.
(b)
Subsidized employment is full or part-time employment that
is subsidized in full or in part and complies with this section. Subsidized
employment may occur in either the private sector or public sector. A Board
shall not be the employer of record for Choices individuals enrolled in a
subsidized employment activity. Subsidized employment includes but is not
limited to the following:
(1)
subsidized internship with a portion of the Choices individual's
wages subsidized;
(2)
subsidized employment with a staffing agency acting as
the employer of record; and
(3)
subsidized employment with the actual employer acting as
the employer of record.
(c)
Wages.
(1)
Wages shall be at least federal or State minimum wage,
whichever is higher. Boards must set a policy to establish the amount of the
wage that is subsidized.
(2)
Employers must provide the same wages and benefits to subsidized
employees as for unsubsidized employees with similar skills, experience, and
position.
§811.44.On-the-Job Training.
(a)
On-the-job training is a core activity as defined in §811.25(a)(1)
of this chapter.
(b)
A Board shall ensure that a determination is made on a
case-by-case basis whether to authorize, arrange, or refer a Choices individual
for subsidized, time-limited training activities, to assist the Choices individual
with obtaining knowledge and skills that are essential to the workplace while
in a job setting. On-the-job training is training by an employer that is provided
to a Choices individual while engaged in productive work in a job that:
(1)
provides knowledge or skills essential to the full and
adequate performance of the job;
(2)
provides reimbursement to the employer of a percent of
the wage rate of the Choices individual for the extraordinary costs of providing
the training and additional supervision related to the training;
(3)
is limited in duration as appropriate to the occupation
for which the Choices individual is being trained, taking into account the
content of the training, the prior work experience of the Choices individual,
and the service strategy of the Choices individual, as appropriate; and
(4)
includes training specified by the employer.
(c)
Unsubsidized employment after satisfactory completion of
the training is expected. A Board shall not contract with employers who have
previously exhibited a pattern of failing to provide Choices individuals in
on-the-job training with continued long-term employment, which provides wages,
benefits, and working conditions that are equal to those that are provided
to regular employees who have worked a similar length of time and are doing
a similar type of work.
§811.45.Work Experience.
(a)
Work experience is a core activity as defined in §811.25(a)(1)
of this chapter.
(b)
A Board shall ensure that a determination is made on a
case-by-case basis whether to authorize, arrange, or refer mandatory individuals,
and exempt recipients who voluntarily participate in Choices services, for
unsalaried, work-based training positions in the private for-profit sector
to improve the employability of a mandatory individual who has been unable
to find employment.
(c)
A Board shall ensure that all mandatory individuals, and
exempt recipients who voluntarily participate in Choices services, who are
unemployed after completing job search services are evaluated on an individual
basis to determine if enrollment in work experience shall be required, based
on available resources and the local labor market.
(d)
A Board shall ensure that each work experience placement:
(1)
is time-limited;
(2)
is designed to move the mandatory individuals, and exempt
recipients who voluntarily participate in Choices services, quickly into regular
employment; and
(3)
has designated hours, tasks, skills attainment objectives,
and staff supervision.
(e)
A Board shall ensure that entities that enter into non-financial
agreements with a Board, identify work experience positions and provide job
training and work experience within their organization. These positions shall
enable mandatory individuals, and exempt recipients who voluntarily participate
in Choices services, to gain the skills necessary to compete for positions
within the entity as well as positions in the labor market.
§811.46.Community Service.
(a)
Community service is a core activity as defined in §811.25(a)(1)
of this chapter.
(b)
A Board shall ensure that a determination is made, on a
case-by-case basis, whether to authorize, arrange, or refer mandatory individuals,
and exempt recipients who voluntarily participate in Choices services, to
a community service program that provides employment or training activities
to recipients through unsalaried, work-based positions in the public or private
nonprofit sectors to improve the employability of recipients who have been
unable to find employment.
(c)
A Board shall ensure that all mandatory recipients subject
to §811.26(a) of this chapter are referred to a community service program.
§811.47.Child Care Services to a Mandatory Recipient, or Exempt Recipient Who Voluntarily Participates in Choices Services, Participating in Community Service.
(a)
Child care services to a mandatory recipient, or exempt
recipient who voluntarily participates in Choices services, participating
in community service is a core activity as defined in §811.25 of this
chapter.
(b)
A mandatory recipient, or exempt recipient who voluntarily
participates in Choices services, may provide child care services for another
recipient who is engaged in a community service activity, as described in §811.46
of this subchapter. The hours spent by the recipient providing child care
are considered a core activity. Boards that elect to allow this activity must
set local policies which include:
(1)
ensuring the health, safety and well-being of the children
in care;
(2)
limits on the maximum number of children that may be cared
for; and
(3)
the methodology and mechanism for reporting hours of participation
by recipients.
§811.48.Vocational Educational Training.
(a)
Vocational educational training is a core activity as defined
in §811.25(a)(1) of this chapter.
(b)
A Board shall ensure that a determination is made, on a
case-by-case basis, whether to authorize, arrange, or refer Choices individuals
for vocational educational training. Services provided by the Texas Rehabilitation
Commission may be counted as vocational education training if the service
provided to the Choices individual leads to employment.
(c)
The vocational educational training shall:
(1)
relate to the types of jobs available in the labor market;
(2)
be consistent with employment goals identified in the family
employment plan, when possible;
(3)
be provided only if there is an expectation that employment
will be secured upon completion of the training; and
(4)
be subject to the time limitations as detailed in this
subchapter.
(d)
Boards may count up to 5 hours per week of study or homework
time toward a mandatory individual's, and exempt recipient who voluntarily
participates in Choices services, family participation requirement if:
(1)
study or homework time is directly correlated to the demands
of the course work for out-of-class preparation as described by the educational
institution;
(2)
the educational institution's policy requires a certain
number of out-of-class preparation hours for the class;
(3)
study or homework time has been directly verified from
the educational institution; and
(4)
the mandatory individual, or exempt recipient who voluntarily
participates in Choices services, is making progress as determined by the
educational institution.
§811.49.Job Skills Training.
(a)
Job skills training is a non-core activity as defined in §811.25(a)(2)
of this chapter.
(b)
Job skills training services are designed to increase a
Choices individual's employability. Job skills training may also include activities
ensuring that Choices individuals become familiar with workplace expectations
and exhibit work behavior and attitudes necessary to compete successfully
in the labor market. Various types of activities, which are directly related
to employment, may qualify, such as personal development and preemployment
classes.
(c)
A Board shall ensure that a determination is made on a
case-by-case basis whether to authorize, arrange, or refer Choices individuals
for job skills training as set forth in the family employment plan.
(d)
Job skills training shall be:
(1)
directly related to employment; and
(2)
consistent with employment goals identified in the family
employment plan, when possible.
(e)
Job skills training includes:
(1)
Adult Basic Education (ABE), English-as-a-Second-Language
(ESL), or Workforce Adult Literacy services:
(2)
entrepreneurial training provided prior to business start
up; and
(3)
self-employment assistance:
(A)
to Choices individuals currently engaged in operating a
small business;
(B)
to Choices individuals based upon an objective assessment
process that identifies individuals who are likely to succeed; and
(C)
which may include microenterprise services such as:
(i)
business counseling;
(ii)
financial assistance; and
(iii)
technical assistance.
(f)
Boards may count up to 5 hours per week of study or homework
time toward a mandatory individual's, and exempt recipient who voluntarily
participates in Choices services, family participation requirement if:
(1)
study or homework time is directly correlated to the demands
of the course work for out-of-class preparation as described by the educational
institution;
(2)
the educational institution's policy requires a certain
number of out-of-class preparation hours for the class;
(3)
study or homework time has been directly verified from
the educational institution; and
(4)
the mandatory individual, or exempt recipient who voluntarily
participates in Choices services, is making progress as determined by the
educational institution.
§811.50.Educational Services for Mandatory Individuals, and Exempt Recipients who Voluntarily Participate in Choices Services, who have not Completed Secondary School or Received a Certificate of General Equivalence.
(a)
Educational services are only available for mandatory individuals
and exempt recipients who voluntarily participate in Choices services, who
have not completed secondary school or who have not received a certificate
of general equivalence as follows.
(1)
Educational services for mandatory individuals, and exempt
recipients who voluntarily participate in Choices services, age 20 or older
are non-core activities as defined in §811.25(a)(2) of this chapter.
(2)
Educational services for mandatory individuals, and exempt
recipients who voluntarily participate in Choices services, who are teen heads
of household age 19 and younger are core activities as defined in §811.27
of this chapter.
(b)
A Board shall ensure that a determination is made, on a
case-by-case basis, whether to authorize, arrange, or refer mandatory individuals,
and exempt recipients who voluntarily participate in Choices services, who
are age 20 and older for the following educational or other training services:
(1)
secondary school leading to a high school diploma or a
certificate of general equivalence;
(2)
Workforce Adult Literacy; or
(3)
other educational activities which are directly related
to employment.
(c)
Boards may count up to 5 hours per week of study or homework
time toward a mandatory individual's, and exempt recipient who voluntarily
participates in Choices services, family participation requirement if:
(1)
study or homework time is directly correlated to the demands
of the course work for out-of-class preparation as described by the educational
institution;
(2)
the educational institution's policy requires a certain
number of out-of-class preparation hours for the class;
(3)
study or homework time has been directly verified from
the educational institution; and
(4)
the mandatory individual, or exempt recipient who voluntarily
participates in Choices services, is making progress as determined by the
educational institution.
§811.51.Post-Employment Services.
(a)
A Board shall ensure that post-employment services, which
include job retention, career advancement, and reemployment services, are
offered to mandatory individuals, and exempt recipients who voluntarily participate
in Choices services, who are employed, and to applicants and former recipients
who have obtained employment but require additional assistance in retaining
employment and achieving self-sufficiency.
(b)
A Board shall ensure that post-employment services are
monitored, and ensure that hours of employment are required and reported by
mandatory recipients, and exempt recipients who voluntarily participate in
Choices services, for at least the length of time the mandatory recipients,
and exempt recipients who voluntarily participate in Choices services, receive
temporary cash assistance.
(c)
A Board shall ensure that ongoing contact is established
with Choices individuals receiving post-employment services at least monthly.
(d)
A Board may include mentoring techniques as part of a post-employment
strategy.
(e)
A Board may, through local policies and procedures, make
post-employment services available to:
(1)
former recipients who are denied temporary cash assistance
because of earnings; and
(2)
sanctioned families and conditional applicants who obtain
employment during the one month of demonstrated cooperation.
(f)
The post-employment services may include the following:
(1)
assistance and support for the transition into employment
through direct services or referrals to resources available in the workforce
area;
(2)
child care, if needed, as specified in rules at 40 T.A.C.
Chapter 809;
(3)
work-related expenses, including those identified in §811.64
of this chapter;
(4)
transportation, if needed;
(5)
job search, job placement, and job development services
to help a former recipient who loses a job to obtain employment; or
(6)
referrals to available education or training resources
to increase an employed individual's skills or to help the individual qualify
for advancement and long-term employment goals.
(g)
The maximum length of time a former recipient, conditional
applicant, and sanctioned family may receive services under this section is
dependent upon:
(1)
family circumstances;
(2)
the risk of returning to public assistance. A person is
considered at risk of returning to temporary cash assistance if he or she
is a food stamp recipient, or receives Commission-funded child care;
(3)
the ongoing need for these services; and
(4)
the availability of funds for these services.
(h)
Post-employment service providers may include employers,
community colleges, technical colleges, proprietary schools, faith-based and
community-based organizations.
§811.52.Parenting Skills Training.
A Board shall ensure that a determination is made, on a case-by-case
basis and as determined during the assessments described in §811.22 of
this chapter, whether to authorize, arrange, or refer Choices individuals
for parenting skills training including one or more of the following: nutrition
education, budgeting and life skills, and instruction on the necessity of
physical and emotional safety for children.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on August 5, 2003.
TRD-200304744
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.61 - 811.67
The new rules are proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed new rules affect Human Resources Code Title 2, particularly
Chapters 31, 34, and 44, Human Resources Code.
§811.61.Support Services.
(a)
A Board shall ensure that support services as specified
in this subchapter are provided, if needed, to Choices individuals to address
barriers to employment or participation in Choices services, subject to availability
of resources and funding. A Board shall ensure that support services provided
to Choices individuals are coordinated with the employer, when appropriate.
(b)
A Board shall ensure that support services, including Commission-funded
child care, are provided only to mandatory individuals, and exempt recipients
who voluntarily participate in Choices services, who are meeting requirements
set forth in §811.16, §811.23, §§811.25-811.30 of this
chapter, and as set forth in §809.102 of this title. In applying this
provision, a Board shall ensure support services are provided to a mandatory
individual, and an exempt recipient who voluntarily participates in Choices
services, if it is determined support services are needed to comply with requirements
set forth in §811.16, §811.23, and §§811.25-811.30 of
this chapter, and as set forth in §809.102 of this title.
(c)
A Board shall ensure that:
(1)
support services are terminated immediately upon a determination
of a mandatory individual's, or exempt recipient who voluntarily participates
in Choices services, failure to meet Choices requirements, unless otherwise
determined by the Board's service provider as referenced in subsection (b)
of this section;
(2)
the Board's child care service provider is notified immediately
of the failure to meet Choices requirements; and
(3)
upon notification, the Board's child care service provider
immediately notifies the child care provider that services are terminating
due to failure to meet Choices requirements.
(d)
A Board shall ensure that support services, classified
as cash assistance, for:
(1)
applicants and former recipients do not extend beyond four
months for those who are unemployed and not receiving temporary cash assistance;
and
(2)
unemployed conditional applicants and sanctioned families
do not extend beyond the one month of demonstrated cooperation.
§811.62.Child Care for Choices Individuals.
(a)
A Board shall ensure that child care is provided if needed,
as specified in Chapter 809 of this title.
(b)
Transitional child care is provided as needed, as specified
in §809.101 of this title.
(c)
Choices child care is provided as needed, as specified
in §809.102 of this title.
(d)
Applicant child care is provided as needed, as specified
in §809.103 of this title.
§811.63.Transportation.
A Board shall ensure that transportation assistance shall:
(1)
be provided if needed to enable a Choices individual to
work, attend, and participate in required Choices services, or access necessary
support services if alternative transportation resources are not available;
and
(2)
use the most economical means of transportation that meets
the Choices individual's needs.
§811.64.Work-Related Expenses.
(a)
If other resources are not available, work-related expenses
necessary for Choices individuals to accept or retain specific and verified
job offers that pay at least the federal minimum wage may be provided or reimbursed.
(b)
A Board shall ensure that written policies are developed
related to the methods and limitations for provision of work-related expenses.
(c)
Work-related expenses may include: tools, uniforms, equipment,
transportation, car repairs, housing or moving expenses, and the cost of vocationally
required examinations or certificates.
§811.65.Wheels to Work.
(a)
The Commission may develop a Wheels to Work initiative
in which local nonprofit organizations provide automobiles for Choices individuals
who have obtained employment but are unable to accept or retain the employment
solely because of a lack of transportation.
(b)
A Board may, through local policies and procedures, establish
services to assist Choices individuals who verify the need for an automobile
to accept or retain employment by referring them to available providers.
(c)
Persons or organizations donating automobiles under a Wheels
to Work initiative shall receive a charitable donation receipt for federal
income tax purposes.
§811.66.Certificate of General Equivalence (GED) Testing Payments.
A Board shall ensure that the cost of certificate of GED testing and
issuance of the certificate is paid through direct payments to the GED test
centers and the Texas Education Agency for Choices individuals referred for
testing by a Board's provider of Choices services.
§811.67.Individual Development Accounts (IDAs).
(a)
A Board may set local policy and procedures to provide
for implementation and oversight of IDAs under this section using TANF funds
in accordance with 45 C.F.R. §§263.20-263.23. An IDA means an account
established by, or for, an eligible individual to allow the individual to
accumulate funds for specific purposes.
(b)
A Board shall ensure that any IDAs created and matched
with TANF funds are established and administered through a contract with a
private nonprofit entity or through a state or local government entity acting
in cooperation with a private nonprofit entity. The private nonprofit entity,
or cooperating state or local entity, must coordinate with a financial institution
in administering the accounts.
(c)
Choices individuals may be eligible for IDAs if all of
the requirements of this section are met.
(d)
IDAs may be established for an eligible individual, and
may be contributed to with the individual's earned income and up to fifty
percent of the individual's federal Earned Income Tax Credit refund. Federal
Earned Income Tax Credit refunds shall not be matched with TANF funds.
(e)
Federal TANF funds, as well as public or private funds,
may be used to provide matching funds for qualified expenses and to administer
IDAs, and shall be expended in a manner consistent with applicable federal
and state statutes and regulations, with the exception of federal Earned Income
Tax Credit refunds.
(f)
Use of funds in an individual's IDA, shall be in accordance
with the Social Security Act §404(h) (42 U.S.C.A. §604(h)) and 45
C.F.R. §§263.20-263.23 and limited to expenses related to:
(1)
postsecondary educational expenses;
(2)
first home purchase; or
(3)
business capitalization.
(g)
A Board shall ensure that only qualified withdrawals are
made by eligible individuals, and must develop policies and procedures to
address unauthorized withdrawals, to include notification:
(1)
to the individual that unauthorized withdrawals may impact
the individual's eligibility for public assistance programs;
(2)
to the individual of forfeiture of the entitlement to the
matching funds for an unauthorized withdrawal; and
(3)
to TDHS within seven working days of the unauthorized withdrawal.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on August 5, 2003.
TRD-200304745
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
40 TAC §§811.71 - 811.73
The new rules are proposed under Texas Labor Code, §301.061
and §302.021, which provide the Texas Workforce Commission with the authority
to adopt, amend, or repeal such rules as it deems necessary for the effective
administration of the Commission programs.
The proposed new rules affect Human Resources Code Title 2, particularly
Chapters 31, 34, and 44, Human Resources Code.
§811.71.Board Review.
(a)
The following may request a review by the respective Board:
(1)
a Choices individual against whom an adverse action is
taken by a Texas Workforce Center Partner; or
(2)
a person who believes that a Choices individual has displaced
the person from employment.
(b)
A request for review shall be submitted in writing and
delivered to a Board within 15 calendar days of the date of the adverse action.
The request shall also contain:
(1)
a concise statement of the disputed adverse action;
(2)
a recommended resolution; and
(3)
any supporting documentation the Choices individual deems
relevant to the dispute.
(c)
On receipt of a request for review, a Board shall coordinate
a review by appropriate Board staff.
(d)
The parties to the request for review are the aggrieved
person, applicant, or individual and the Texas Workforce Center Partner.
(e)
Additional information may be requested from the parties.
Such information shall be provided within 15 calendar days of the request.
(f)
Within 30 calendar days of the date the request for review
is received or of the date that additional requested information is received
by the reviewing Board staff member, a Board shall send the parties written
notification of the results of the review.
§811.72.Appeals to the Agency.
(a)
After results of a review have been issued, the party that
disagrees with the outcome of the review may request an Agency hearing to
appeal the results of the review.
(b)
The request for appeal to the Agency from a Board's review
shall be filed in writing with the Appeals Department, Texas Workforce Commission,
101 East 15th Street, Room 410, Austin, Texas 78778-0001, within 15 calendar
days after receiving written notification of the results of the review.
(c)
The appeal to the Agency shall include a hearing, which
is limited to the issues and the information considered in a Board review.
(d)
The Agency hearing shall be held in accordance with the
procedures applicable to an appeal as contained in Chapter 823 of this title
(relating to General Hearings).
§811.73.Appeals to the Texas Department of Human Services (TDHS).
A recipient who expresses dissatisfaction with a decision regarding
the termination or reduction of his or her TANF cash assistance may appeal
the decision to TDHS. If the termination or reduction of temporary cash assistance
is based upon noncompliance with Choices requirements, a Board shall prepare
and provide necessary information to TDHS.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on August 5, 2003.
TRD-200304746
John Moore
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: September 21, 2003
For further information, please call: (512) 463-2573
Subchapter B. BENEFITS, CLAIMS AND APPEALS
Chapter 54.
FAMILY VIOLENCE PROGRAM person ] less than 18 years old eligible to receive 24-hour-a-day shelter?
(D)
] married or has been married;
or
Can a minor receive Texas Department of Human Services (DHS)-contracted nonresidential services if the parent is not receiving services ]?
Yes, the center can provide
DHS-contracted nonresidential services to a minor when the parent is not receiving
services if the minor:
]
(1)
]
she or he
is a victim
of family violence who has
been:
[
had the disability of minority
removed, either through legal emancipation or marriage; or
]
(2)
]
the person
says
she or he resides in the same household with a victim of family violence as
defined in the Human Resources Code, Chapter 51, and if the center:
and
] parental or legal guardian consent is not obtained
; and
[
.
]
Chapter 97.
LICENSING STANDARDS FOR HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
shall
] have the following meanings, unless the context clearly indicates
otherwise.
,
] and
(56)
] Physical therapist--A person
who is currently licensed under Occupations Code, Chapter 453, as a physical
therapist.
(57)
] Physician--A person who holds
a doctor of medicine or doctor of osteopathy degree and is currently licensed
and practicing medicine under the laws of the state of Texas, Oklahoma, New
Mexico, Arkansas, or Louisiana.
(58)
] Physician assistant--A person
who is licensed under the Physician Assistant Licensing Act, Occupations Code,
Chapter 204, as a physician assistant.
(59)
] Physician-delegated tasks--Tasks
performed in accordance with the Medical Practice Act, Occupations Code, Chapter
157, including orders signed by a physician
that
[
which
]
specify the delegated task(s), the individual to whom the task(s) is delegated,
and the client's name.
(60)
] Place of business--An office
of a home and community support services agency that maintains client records
or directs home health, hospice, or personal assistance services. The term
does not include an administrative support site.
(61)
] Plan of care--The written
orders of a practitioner for a client who requires skilled services.
(62)
] Practitioner--A person who
is currently licensed in a state in which the person practices as a physician,
dentist, podiatrist, or a physician assistant, or a person who is a registered
nurse registered with the Board of Nurse Examiners for the State of Texas
as an advanced practice nurse.
(63)
] Presurvey conference--A conference
held with DHS staff and the applicant or his or her representatives to review
licensure standards and survey documents, and to provide consultation
before
[
prior to
] the on-site licensure survey.
(64)
] Progress note--A dated and
signed written notation by agency personnel summarizing facts about care and
the client's response during a given period of time.
(65)
] Psychoactive treatment--The
provision of a skilled nursing visit to a client with a psychiatric diagnosis
under the direction of a physician that includes one or more of the following:
(66)
] Registered nurse (RN)--A
person who is currently licensed under the Nursing Practice Act, Occupations
Code, Chapter 301, as a registered nurse.
(67)
] Registered nurse delegation--Delegation
by a registered nurse in accordance with:
(68)
] Residence--A place where
a person resides and includes a home, a nursing facility, a convalescent home,
or a residential unit.
(69)
] Residential unit--A facility
that provides living quarters and hospice services to clients admitted into
the unit and that is in compliance with standards adopted under the Health
and Safety Code, Chapter 142.
(70)
] Respiratory therapist--A
person who is currently licensed under Occupations Code, Chapter 604, as a
respiratory care practitioner.
(71)
] Respite services--Support
options that are provided temporarily for the purpose of relief for a primary
caregiver in providing care to individuals of all ages with disabilities or
at risk of abuse or neglect.
(72)
] Section--A reference to a
specific rule in [
Chapter 97 of
] this
chapter
[
title (concerning Licensing Standards for Home and Community Support Services
Agencies)
].
(73)
] Service area--The geographic
area(s) established by an agency in which all or some of the agency's services
are available.
(74)
] Skilled services--Services
in accordance with a plan of care that require the skills of a:
(75)
] Social worker--A person who
is currently licensed as a social worker under Occupations Code, Chapter 505.
(76)
] Speech-language pathologist--A
person who is currently licensed as a speech-language pathologist under Occupations
Code, Chapter 401.
(77)
] Statute--The Health and Safety
Code, Chapter 142.
(78)
] Supervising nurse--The person
responsible for supervising skilled services provided by an agency and who
has the qualifications described in §97.244(b) of this
chapter
[
title
] (relating to Staffing Qualifications and Conditions)
.
This
person may also be known as the director of nursing or similar title.
(79)
] Supervision--Authoritative
procedural guidance by a qualified person for the accomplishment of a function
or activity with initial direction and periodic inspection of the actual act
of accomplishing the function or activity.
(80)
] Support services--Social,
spiritual, and emotional care provided to a client and a client's family by
a hospice.
(81)
] Survey--An inspection or
investigation conducted by a DHS representative to determine if a licensee
is in compliance with the statute and this chapter.
(82)
] Terminal illness--An illness
for which there is a limited prognosis if the illness runs its usual course.
(83)
] Unlicensed person--An individual
who is not licensed as a health care professional. The term includes, but
is not limited to, home health aides, medication aides permitted by DHS, and
other individuals providing personal care or assistance in health services.
(84)
] Volunteer--An individual
who provides assistance to a home and community support services agency without
compensation other than reimbursement for actual expenses.
Subchapter B. APPLICATION AND ISSUANCE OF A LICENSE
(R)
] the following data concerning
the applicant, the applicant's affiliates, and the managers of the applicant:
which
] is or was proposed by the
licensing agency and the status of the proposal;
the department
] proceeding with enforcement action;
(S)
] for the two-year period preceding
the application date, the following data concerning the applicant, the applicant's
affiliates, and the managers of the applicant:
and
]
(T)
] notice that the agency has
attended a presurvey conference at the office designated by DHS, or that the
designated survey office has waived the presurvey conference.
title
] (relating to License Denial,
Suspension, or Revocation); [
and
]
(U)
] information relating to compliance
by the applicant or a controlling person with respect to the applicant with
regulatory requirements in any other state in which the applicant or controlling
person operates or operated a home and community support services agency
; and
[
.
]
(V)
] any other document or information
that DHS requests that is relevant to the application process.
prior to
] the expiration date of the license:
which
] includes updated information as required by §97.11(g)(3)(C)-(J)[
)
], §97.11(g)(3)(K)(iii)-(vi), and
§97.11(g)(3)(Q) and
(R)
[
§97.11(g)(3)(R) and (S)
] of this
chapter
[
title
];
(G)
] if an applicant is a corporation,
a current letter from the state comptroller's office stating the corporation
is in good standing or a notarized certification that the tax owed to the
state under the Tax Code, Chapter 171, is not delinquent or that the corporation
is exempt from the payment of the tax and is not subject to the Tax Code,
Chapter 171; [
and
]
(H)
] information relating to compliance
by the license holder or a controlling person with respect to the license
holder with regulatory requirements in any other state in which the license
holder or controlling person operates or operated a home and community support
services agency
; and
[
.
]
(I)
] any other document or information
that DHS requests that is relevant to the application process.
Subchapter C. MINIMUM STANDARDS FOR ALL HOME AND COMMUNITY SUPPORT SERVICES AGENCIES
, which
] possesses sterile water
or saline, certain vaccines or tuberculin, or certain dangerous drugs as specified
by this section[
,
] must comply with the provisions of this section.
,
] or hospice
clients, or client family members under physician's standing orders the following
dangerous drugs:
and
]
.
]
Subchapter D. ADDITIONAL STANDARDS SPECIFIC TO LICENSE CATEGORY AND SPECIFIC TO SPECIAL SERVICES
(b)
] Personal assistance services
as defined in §97.2 of this
chapter
[
title
] (relating
to Definitions) may be performed by an unlicensed person who is at least 18
years of age and has demonstrated competency, when competency cannot be determined
through education and experience, to perform the tasks assigned by the supervisor.
An unlicensed person who is under 18 years of age, is a high school graduate
or is enrolled in a vocational educational program, and has demonstrated competency
to perform the tasks assigned by the supervisor, may perform personal assistance
services.
(c)
] The following tasks may be
performed under a personal assistance services category:
including feeding, preparing meals, transferring, toileting,
ambulation and exercise, grooming, bathing, dressing, routine care of hair
and skin, and assistance with medications that are normally self administered
];
(d)
] The agency must ensure that
when developing its operational policies, [
that
] the policies are
considerate of principles of individual and family choice and control, functional
need, and accessible and flexible services.
(e)
] In addition to the client record
requirements in §97.301(a)(9) of this
chapter
[
title
] (relating to Client Records), the client file must include the following:
;
]
(f)
] In addition to the written
policies required by §97.245 of this chapter (relating to Staffing Policies)
the agency must adopt and enforce a written policy addressing the supervision
of personnel with input from the client or family on the frequency of supervision.
(g)
] Tube feedings and medication
administration through a permanently placed gastrostomy tube (g-tube) in accordance
with subsection
(d)(3)
[
(c)(3)
] of this section may
be performed by an unlicensed person only after successful completion of the
training and competency program and procedures described in paragraphs (1)
- (5) of this subsection.
which
] must be reported to the client or the primary caregiver, or in the
absence of the primary caregiver, to the agency administrator, supervisor,
or the client's physician. The description of conditions must include a plan
to be effected if the g-tube comes out or is not positioned correctly to ensure
medical attention is provided within one hour;
evaluate
]
the trainee's judgment and understanding of the essential skills, risks, and
possible complications of a g-tube feeding or medication administration through
a g-tube;
Subchapter F. ENFORCEMENT
§97.11(g)(3)(R) and (S)
] of this
chapter
[
title
] (relating to Application and Issuance of Initial
License) or §97.12(b)(2)(A) of this
chapter
[
title
]
(relating to Issuance and Renewal of License);
(2)
] The assessment of an administrative
penalty will be in accordance with the schedule of appropriate and graduated
penalties described in subsection (d) of this section. The schedule of appropriate
and graduated penalties for each violation is based on the following criteria:
others
] matters that justice
may require.
(3)
] In determining which violation(s)
warrants a penalty(ies), DHS will consider:
(4)
] An administrative penalty for
a subsequent occurrence may only be assessed when the subsequent occurrence
occurs within three years from the date the agency first receives oral or
written notice of the first violation.
(5)
] The assessment of an administrative
penalty does not preclude DHS from suspending, revoking, or denying a license
in accordance with §97.601 of this
chapter
[
title
]
(relating to License Denial, Suspension
,
or Revocation).
Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 811.
CHOICES
Subchapter B. ACCESS TO CHOICES SERVICES
Subchapter C. CHOICES SERVICES
Subchapter D. CHOICES WORK ACTIVITIES
Subchapter E. SUPPORT SERVICES AND OTHER INITIATIVES
Subchapter F. APPEALS
Subchapter A. GENERAL PROVISIONS
Subchapter B. CHOICES SERVICES RESPONSIBILITIES
Subchapter C. CHOICES SERVICES
Subchapter D. CHOICES WORK ACTIVITIES
Subchapter E. SUPPORT SERVICES AND OTHER INITIATIVES
Subchapter F. APPEALS
Chapter 815.
UNEMPLOYMENT INSURANCE