25 TAC §§83.1 - 83.8, 83.10, 83.11, 83.13
The Texas Department of Health (department) proposes amendments
to §§83.1 - 83.8, 83.10, 83.11, and 83.13 relating to innovation
grants for essential public health services. The Innovation Grant Program
(program) was created to improve health status through awarding grants for
the delivery of essential public health services.
The Government Code, §403.1055 created the Permanent Fund for Children
and Public Health and allows the earnings of the Permanent Fund for Children
and Public Health to be appropriated to the department, for: (1) developing
and demonstrating cost-effective prevention and intervention strategies for
improving health outcomes; (2) providing grants to local communities to address
specific public health priorities; and (3) providing grants to local communities
for essential public health services as defined in the Health and Safety Code.
The Local Public Health Reorganization Act, Health and Safety Code, Chapter
121, §121.002 defines essential public health services. The Health and
Safety Code, §121.0065 describes grants for essential public health services.
The third part of the Permanent Fund for Children and Public Health refers
to the grant program authorized under §121.0065.
The sections amend the title, intent and goal of the grant program to more
clearly outline how this program will help improve public health in Texas.
By renaming the program, amending some of the key definitions included in
the rules and the criteria for awarding grants, potential applicants will
have a better understanding of the types of projects that will be eligible
for funding from this program. In addition, the criteria for continuation
funding is more clearly defined.
Concerning §83.6(a)(1), the Board of Health would like comments on
making the department eligible for Part I grants. The department is not eligible
for Part II or Part III grants. Comments should include whether or not eligibility
should be granted to the department as a whole or only as a regional office
providing public health services in an area not served by a local health department.
If the commenter agrees that the department should be eligible to receive
Part I grants, the department would like comments on how department grant
applications should be evaluated.
Concerning §83.8(c)(4), the department would like comments on the
department's proposed plan to identify funds and project requirements for
specific public health needs of rural areas with populations of 50,000 or
less in subsequent requests for proposals. The department's definition for
rural area was derived from Government Code, §106.201, now found in Government
Code, §487.301. Although that section relates to grant or loan programs
administered by the Office of Rural Community Affairs, the department has
chosen to use the same definition for Part III grants.
Leslie Mansolo, Interim Director, The Office of Public Health Practice
(OPHP) has determined that for each year of the first five years the sections
are in effect, there will be no fiscal implications to state governments as
a result of administering the sections as proposed.
It is estimated that there will be a positive impact on local governments
in an amount equal to the amount of grants local governments receive. Local
governments are eligible to receive Parts I, II, and III grants under the
Permanent Fund for Children and Public Health, and are the only eligible entities
for Part III grants. The current rules state that funds available for each
part shall not be less than 25% of the total amount of funds available under
the Permanent Fund for Children and Public Health, therefore, local governments
will receive a positive fiscal impact of $1.25 - 5 million per year.
Ms. Mansolo has also determined that for each of the first five years the
sections are in effect, the public benefit anticipated will be the development
of models that will enhance state and local public health systems' capacity
to provide essential public health services in Texas. The anticipated cost
to small businesses or micro businesses of these sections is the minimal cost
to apply for a grant for any small business or micro business that elects
to apply for a Part I grant under the Permanent Fund for Children and Public
Health. There will be no anticipated impact on local employment.
Comments on the proposed sections may be submitted to Suzanne Sparks, Director,
Local Public Health Support Division, Office of Public Health Practice, Texas
Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7297.
Comments will be accepted for 30 days following publication of this proposal
in the
Texas Register
.
The amendments are proposed under Government Code, §403.1055
which provides the Texas Board of Health (board) with the authority to adopt
rules concerning the Permanent Fund for Children and Public Health; Health
and Safety Code, §121.0065 which provides the board with the authority
to adopt rules for grants for essential public health services; and the Health
and Safety Code, §12.001 which provides the board with authority to adopt
rules for the performance of every duty imposed by law on the board, the department,
and the commissioner of health.
The amendments affect the Government Code, §403.1055 and the Health
and Safety Code, §121.0065.
§83.1.Purpose.
(a)
(No change.)
(b)
The grants shall be known as a part of the
"Public
Health Improvement Grants."
[
"Texas Department of Health Innovation
Grants."
]
(c)
(No change.)
§83.2.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings unless the context clearly indicates otherwise.
(1) - (4)
(No change.)
(5)
Innovation -- A
new methodology for evaluating or
measuring the impact of a project on health status, partnership with a new
or non-traditional partner to conduct project activities, new or non-traditional
target population or service area in which to conduct the project, or a new
intervention or prevention strategy to address a public health issue.
[
solution, analysis, intervention, program design, evaluation method,
or administrative method that is substantially new to the area where the innovation
is being introduced.
]
(6)
Minority populations -- African-Americans, American Indians,
Asians
or
[
and
] Hispanics in Texas
or other population
in Texas for which a health disparity can be demonstrated by the applicant
.
(7) - (9)
(No change.)
§83.3.Philosophy.
(a)
The intent of the grants is to
build capacity to address
public health issues, and identify and/or develop improved intervention and
prevention strategies.
[
stimulate innovation in the delivery of
essential public health services.
]
(b)
In making these grants, the goal of the department is to
improve public health outcomes at the community level
and to strengthen
the public health infrastructure through improved essential public health
service delivery.
[
, using innovations that are replicable in other
parts of Texas.
]
(c) - (d)
(No change.)
§83.4.The Grants.
The grants shall consist of three parts:
(1)
(No change.)
(2)
Part II. Grants to local communities to address specific
public health priorities
of minority populations with demonstrated disparities
in health status
, including sickle cell anemia, diabetes, high blood
pressure, cancer, heart attack, stroke, keloid tissue and scarring, [
and
] respiratory disease
and other conditions or diseases relating
to minority populations that demonstrate disparities in health status
(Part II grants); and
(3)
(No change.)
§83.5.Sources and Allocation of Funds.
(a) - (f)
(No change.)
(g)
If the funds for a part are not completely expended or
allocated, the department shall have the authority to redistribute funds among
the other two parts based on unfunded responses to a previous or
current
[
subsequent
] request for proposals. The percentage in subsection
(e) of this section shall not apply to the redistribution of funds.
(h)
(No change.)
§83.6.Eligibility for Grants.
(a)
The following persons shall be eligible for the grants:
(1)
Part I grants. Any person or other entity, public or private,
except the department;
(2)
Part II grants. Any county, municipality, public health
district, other political subdivision or nonprofit organization in Texas;
and
(3)
Part III grants. Any county, municipality, public health
district, or other political subdivision in Texas.
(b)
An applicant may apply for grants under more than one part
, but may not be funded under multiple parts for a single application
.
§83.7.Requirements for Grants.
(a)
(No change.)
(b)
Applicants for grants shall submit, as a part of their
application, a preliminary plan
that identifies a public health issue,
evaluates
[
to evaluate
] the effectiveness, accessibility,
and quality of the essential public health services that are provided under
the grant
to address the public health issue, and demonstrates how the
project will build capacity within the community to continue to address the
public health issue
. If the applicant is awarded a grant, the grant
recipient will work with the department to finalize the preliminary plan required
in this section. The plan must, at a minimum:
(1) - (2)
(No change.)
(c) - (d)
(No change.)
§83.8.Procedures for Grant Announcements.
(a)
(No change.)
(b)
The department shall maintain a list of persons to be notified
of requests for proposals. Any person wanting to be placed on the list should
contact: Commissioner of Health, Attention: TDH
Public Health Improvement
[
Innovation
] Grants, 1100 West 49th Street, Austin, Texas
78756.
(c)
The department shall develop and publish one or more requests
for proposals, which shall contain details concerning, but not limited to,
the following:
(1) - (3)
(No change.)
(4)
specific funding and project requirements
that may fund rural areas with populations of 50,000 or less;
(5)
[
(4)
] the information and format
required for grant applications;
(6)
[
(5)
] information about the criteria
used to judge grant applications; and
(7)
[
(6)
] the closing date.
(d)
(No change.)
§83.10.Competitive Review Process.
(a) - (b)
(No change.)
(c)
The department's review process shall be completed within
60
[
45
] days after the closing date.
§83.11.Selection Criteria.
(a)
(No change.)
(b)
A grant application will be given funding preference, in
a manner determined by the department and announced in the request for proposal,
to the extent that it:
(1)
demonstrates
how the project will build capacity within
the community to address the public health issue identified in the application;
[
innovation(s) that are replicable in other parts of Texas;
]
(2) - (3)
(No change.)
(4)
demonstrates an innovative intervention or prevention
strategy that is replicable in other parts of Texas
[
with respect
to Part I and II grants, considers or inquires into one or more of the underlying
causes of public health problems
];
(5) - (9)
(No change.)
§83.13.Continuation Funding.
(a)
Grant recipients may be eligible for continuation funding.
The department will consider the grant recipient's accomplishments, progress
toward
or completion of
stated goals and objectives,
proposal
to conduct additional data analysis or evaluation to enhance the impact of
the project, compliance with contract requirements,
[
award of past
grants, and
]
progress toward building the capacity or
development
of alternative funding
to continue to address the public health issue
within the community
. Applications shall be submitted in accordance
with
instructions of the department
[
this subchapter
].
(b)
The department will award continuation grants after a review
of applications in accordance with the
instructions of the department
[
provisions of this subchapter
].
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 May 13, 2002.
TRD-200202969
Susan Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: June 23, 2002
For further information, please call: (512) 458-7236