25 TAC §§704.1, 704.3, 704.5, 704.7, 704.9, 704.11, 704.13
The Texas Cancer Council adopts the new §§704.1,
704.3, 704.5, 704.7, 704.9, 704.11, 704.13 to Chapter 704, concerning the
implementation of the Texans Conquer Cancer Program (TCCP). Sections 704.1,
704.7, and 704.9 are adopted with changes to the proposed text as published
in the March 28, 2003, issue of the
Texas Register
(28 TexReg 2699). Sections 704.3, 704.5, 704.11, and 704.13 are adopted
without changes to the proposed text as published and will not be republished.
Section 704.1 is adopted 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 adopted 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 adopted to define how the Texas Cancer Council will establish
guidelines for awarding funds in the Texans Conquer Cancer Account.
Section 704.7 is adopted 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.
Section 704.7(d) lists the services that the Council has determined constitute
treatment and those that do not constitute treatment. The statute, Health
and Safety Code, §102.017(b), prohibits the funds in the account from
being used for treatment services. Instead the funds are to be used for support
services. The statute does not define treatment or support services. The rules,
therefore, apply a common use application of those terms to provide examples
of what services constitute treatment and what services are support services.
Treatment would consist of the direct medical services provided to a cancer
patient. Support services could include services that assist the patient or
the patient's family in obtaining or maintaining access by the patient to
the medical services the patient needs and services that assist the patient
or the patient's family with the financial costs that are associated with
the incidental activities required for a family to maintain a cancer patient
in treatment.
The lists, although not exhaustive, assist the grant applicant in determining
whether their needs would be met by a grant under this program prior to submitting
an application. The lists also provide guidance to the Council in its monitoring
function to ensure that grant funds are expended in accordance with the statutory
requirements.
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 adopted 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 adopted 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 adopted to ensure that the requirements concerning the
submission, approval and cancellation of grants are followed and are consistent
among grantees.
No public comments were received regarding the new sections.
The rules are adopted under the authority of the Texas Health
and Safety Code Annotated, §102.010 that 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.
§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 no later than 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.
§704.7.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 shall
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 the council committee's
report 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 no later than 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
by the council if the council's funds are reduced or upon mutual agreement
of the grantee and the council.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of
the Secretary of State on May 12, 2003.
TRD-200302971
Mickey L. Jacobs, M.S.H.P.
Executive Director
Texas Cancer Council
Effective date: June 1, 2003
Proposal publication date: March 28, 2003
For further information, please call: (512) 463-3190