25 TAC §§704.1, 704.3, 704.5, 704.7, 704.9, 704.11, 704.13
The Texas Cancer Council proposes new §§704.1,
704.3, 704.5, 704.7, 704.9, 704.11, and 704.13, concerning the implementation
of the Texans Conquer Cancer Program (TCCP). The new rules define the Texans
Conquer Cancer Advisory Committee, the Texans Conquer Cancer Account, and
set guidelines for expenditures, grant awards, and termination of contracts.
The new rules are proposed because they set forth the procedure and practice
requirements to implement, interpret and/or prescribe the intent of the law
that created the Texans Conquer Cancer License Plate Program.
Section 704.1 is proposed to define the Texans Conquer Cancer Advisory
Committee and its purpose and tasks, the terms of the committee members, and
the guidelines for committee meetings. This section sets the parameters for
the committee to do its work.
Section 704.3 is proposed to define the Texas Conquer Cancer Account that
exists in the Dedicated General Revenue Fund, what may be deposited into the
Account, and how the Council may spend these funds. The requirements of this
section are statutory.
Section 704.5 is proposed to define how the Texas Cancer Council will establish
guidelines for awarding funds in the Texans Conquer Cancer Account.
Section 704.7 is proposed to describe the format and the content of applications
submitted to the Council. This rule explains the proper format and clarifies
the considerations and exceptions that are followed when submitting applications.
This rule is necessary to assist the committee in carrying out its duties
and maintain a consistent approach to accepting proposals.
This rule also describes the process which the committee follows when reviewing
proposals. The rule explains the steps that followed by the committee for
their review. These steps ensure a fair, impartial and objective review of
each proposal, and ensure that proposals are linked to the goals of the Texas
Cancer Plan.
This rule also describes the process that the committee follows when reviewing
and making recommendations on projects. Included in this rule are steps identifying
the process to be followed after a proposal has been awarded funds.
Section 704.9 is proposed to describe the committee powers when managing
the termination process. This rule applies to grantees and describes expiration,
notification, and reconsideration of contracts. The rule is necessary to ensure
that contractual obligations are met and to protect the Council's interests
and the interests of the Texans Conquer Cancer Account when such obligations
are not met.
Section 704.11 is proposed to describe confidentiality of records and the
guidelines that grantees must follow. This rule is necessary to ensure that
these guidelines regarding confidentially are adopted, and that confidentiality
is protected at the local level. Grantees often are exposed to confidential
information about patients and clients. State and federal laws require that
certain health information be kept confidential. These rules apply those confidentiality
provisions to the grantees.
Section 704.13 is proposed to ensure that the requirements concerning the
submission, approval and cancellation of grants are followed and are consistent
among grantees.
Mickey Jacobs, the Executive Director of the Texas Cancer Council, has
determined that for the first five-year period the rules are in effect there
will be no foreseeable implications relating to costs or revenues for state
or local government as a result of enforcing or administering the new rules.
Ms. Jacobs also 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 clarification of the policies and procedures the Council
will follow to implement the Texans Conquer Cancer Program. There are no anticipated
economic costs to persons who are required to comply with the rules as proposed.
Ms. Jacobs has determined that the new rules shall not have an effect on
small businesses or on micro businesses.
Comments on the proposed rules may be submitted to Mickey Jacobs, Executive
Director, Texas Cancer Council, P.O. Box 12097, Austin, Texas 78711.
The rules are proposed under the Texas Health and Safety Code
Annotated, §102.010 which directs the Council to adopt rules governing
the submission and approval of grant requests and the cancellation of grants,
and §102.017(c) which directs the Council to establish guidelines for
spending the money in the Texans Conquer Cancer Account.
The proposed rules implement Texas Health and Safety Code, §102.017
and §102.018 which create and govern the Texans Conquer Cancer program,
account, and advisory committee.
There is no other statute, article or code that is affected by the proposed
rules.
§704.1.Texans Conquer Cancer Advisory Committee.
(a)
Advisory Committee
(1)
The advisory committee shall be appointed under and governed
by this section.
(2)
The name of the advisory committee is Texans Conquer Cancer
Advisory Committee (TCCAC).
(3)
The council is authorized by Health and Safety Code, §102.018
to appoint a seven-member advisory committee.
(b)
Purpose. The purpose of the TCCAC is to assist and advise
the council regarding the Texans Conquer Cancer program.
(c)
Tasks. The TCCAC shall:
(1)
assist the council in establishing guidelines for spending
money credited to the Texas Conquer Cancer Account (TCCA); and
(2)
review and make recommendations to the council on applications
submitted to the council for grants funded with money credited to the TCCA.
(d)
Terms of TCCAC members
(1)
The terms of office for each member shall be four years,
with the terms of three or four members expiring on January 31st of each odd-numbered
year. The term of office of one group made up of three of the original members
expires on January 31, 2007. The term of office of the second group, consisting
of the remaining four original members, will expire on January 31, 2009. Thereafter,
the terms of the three-member group (Group A) and the terms of the four-member
group (Group B) will expire on alternate odd-numbered years, beginning with
Group A resulting in a four-year term for each group.
(2)
Members serve without compensation and are not entitled
to reimbursement for expenses.
(3)
If a vacancy occurs, the council shall appoint a person
to serve the unexpired portion of that term.
(4)
The TCCAC shall select from among its members a presiding
officer every odd-numbered year at the first committee meeting held during
that calendar year.
(e)
Meetings
(1)
The TCCAC shall meet at least 30 days prior to a council
board meeting or when directed by the council or Executive Director to conduct
TCCAC business.
(2)
Members shall attend meetings as scheduled. A TCCAC member
who is unable to attend a meeting shall inform the presiding officer prior
to the date of the meeting. Meetings may be held via tele-conference.
(3)
Meeting arrangements shall be made by the presiding officer
in consultation with council staff.
(4)
The TCCAC is not a governmental body as defined in the
Open Meetings Act; therefore, meetings need not comply with the requirements
of the Open Meetings Act.
(5)
Four members of the TCCAC shall constitute a quorum.
(6)
The TCCAC shall report to council staff and a committee
of the council regarding its reviews of applications submitted. The report
should include a description of the review process and recommendations for
awards. The recommendation shall be determined by a simple majority vote of
the TCCAC.
§704.3.Texans Conquer Cancer Account.
(a)
The TCCA is an account in the Dedicated General Revenue
Fund as authorized by the Health and Safety Code §102.017.
(b)
Money, gifts, grants and donations may be deposited in
the TCCA from any source for the benefit of the TCCA.
(c)
The council may spend these funds only
(1)
to make grants to non-profit organizations that provide
support services for cancer patients and their families, and
(2)
to defray the cost of administering the TCCA.
§704.5.Guidelines for Expenditures.
The council, with advice from the TCCAC, shall establish guidelines
for awarding the funds in the TCCA. The guidelines shall be referred to as
the "Guidelines for Awarding Support Services Funds."
§704.7.Texans Conquer Cancer Grant Awards.
(a)
This section governs the submission and review of grant
applications, and the award, amendment, and termination of grants.
(b)
The intent of these grants is to provide support services
to cancer patients and their families.
(c)
Funds from the TCCA will be used to award grants to non-profit
organizations that provide a range of support services needed by cancer patients
and their families.
(d)
When the amount of funds in the TCCA becomes substantial,
a notification of available funds will be published in the
Texas Register
, and the council will issue a Request For Applications
(RFA).
(1)
Funds may be used to provide the following allowable services,
which include but are not limited to:
(A)
Transportation
(B)
Childcare
(C)
Medical equipment
(D)
Consumable supplies for cancer care
(E)
Lodging for patients and/or family during active treatment
(F)
Medications and equipment required for symptom control
(G)
Rent assistance during active treatment
(H)
Food assistance during active treatment
(2)
Because other resources may cover these costs, funds may
not be used to provide the following disallowable services, which include
but are not limited to:
(A)
Expenses associated with cancer treatment such as:
(i)
Hospitalization
(ii)
Surgery
(iii)
Outpatient care, including laboratory tests and physician
visits
(iv)
Chemotherapy
(v)
Radiation
(vi)
Health insurance deductibles
(B)
Operating expenses for the grantee such as utilities, salaries,
office equipment, entertainment
(3)
Items not listed in this subsection are not necessarily
allowable.
(e)
Scope. The council will award grants taking into consideration
recommendations from the TCCAC.
(f)
Application Requirements. Applications that are incomplete,
are not in the proper format, or are marked as received by the council after
the posted deadline shall be automatically disqualified and shall not be forwarded
to the TCCAC for review or recommendation for award.
(g)
Application Submission
(1)
The grant application must be submitted to the council
staff in accordance with instructions contained in the applicable RFA.
(2)
Upon receipt, staff will review the proposals for completeness.
(3)
All questions regarding submission and review process may
be directed to council staff. The council staff shall not answer questions
or provide advice to applicants regarding the merits of any application during
the application process.
(h)
Review Process
(1)
Applications will be collected by the council staff and
forwarded to the TCCAC. Council staff will be available to the TCCAC to answer
questions concerning applicable statutes, council rules, requirements, and
procedures.
(2)
The TCCAC will review and evaluate each eligible proposal
using appropriate selection criteria established in the RFA.
(3)
All proposals that the TCCAC reviews will be submitted
to a committee of the council for additional technical review.
(4)
The TCCAC shall make recommendations to the council committee
regarding the applications.
(5)
A report from the council committee will be submitted to
the full council before a final funding decision is made. The report shall
include the TCCAC recommendation, the committee recommendation, and the basis
for the committee's recommendation. The council will review recommendations
from TCCAC at the next scheduled meeting of the council.
(6)
Council members may review a proposal in its entirety prior
to making a funding decision.
(7)
Council approval is based on the requirements identified
in the RFA.
(8)
The council will set funding caps for all awards.
(i)
Approval
(1)
The council staff will notify applicants of the final decision.
(2)
If an applicant's proposal is approved by the council,
grant money will not be disbursed until the grantee signs a contract with
the council.
(3)
All council funding decisions are final and are not subject
to reconsideration, appeal, or administrative or judicial review.
(j)
Reporting. Grantees must submit reports to the council
as described in the Guidelines for Awarding Support Services Funds.
§704.9.Termination of Contract with Grantee.
Termination
(1)
The council may terminate the contract of any grantee prior
to the expiration of the contract term upon finding that the grantee has defaulted
or has not substantially performed under the contract. The council shall notify
the grantee in writing of its intent to terminate at least 30 days before
the intended termination date. The written notice shall state the reasons
for the termination and the procedure for requesting reconsideration.
(2)
The grantee shall have the opportunity to request that
the council's contract management committee reconsider the proposed termination.
The grantee must file a written request for reconsideration with the Executive
Director, Texas Cancer Council, P.O. Box 12097, Austin, Texas 78711-2097,
prior to the termination date; otherwise, the grantee will be deemed to have
waived the review, and the contract will be terminated.
(3)
During the time between the notice of the proposed termination
and the final decision of the council contract management committee, the council
may withhold further funding. In the event the contract management committee's
decision is favorable to the grantee, the funds shall be promptly distributed
to the grantee.
(4)
The council hereby delegates to the contract management
committee full authority to terminate grant contracts awarded under this chapter
for reasons the committee deems appropriate. Any such decision of the council
contract management committee shall be final and shall not be subject to reconsideration,
appeal, or administrative or judicial review.
(5)
The contract shall be subject to automatic termination
if the council's funds are reduced or upon mutual agreement of the grantee
and the council.
§704.11.Confidentiality of Records.
Confidentiality of records
(1)
A grantee who provides direct services must have a system
to protect client and patient records from inappropriate disclosure. Disclosure
of confidential information must be in accordance with applicable law.
(2)
As required by Section 5.04 of the Human Immunodeficiency
Virus Services Act, Article 4419b-4, Texas Revised Civil Statutes, a grantee
who receives funds for residential or direct client services or programs shall
develop and implement guidelines regarding confidentiality of medical information
regarding Acquired Immune Deficiency Syndrome (AIDS) and Human Immunodeficiency
Virus (HIV) infection.
(A)
The guidelines shall apply to all employees of the grantee
and clients, patients, and residents served by the grantee.
(B)
The guidelines shall be consistent with guidelines published
by the Texas Department of Health and with state and federal regulations.
(C)
A grantee that does not adopt confidentiality guidelines
as required by this section is not eligible to receive state funds until the
guidelines are adopted and implemented.
§704.13.Grantee Performance.
The grantee shall perform in accordance with the terms of the contract
signed with the council.
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 March 14, 2003.
TRD-200301766
Mickey L. Jacobs
Executive Director
Texas Cancer Council
Earliest possible date of adoption: April 27, 2003
For further information, please call: (512) 463-3190