Chapter 704. TEXANS CONQUER CANCER PROGRAM
The Texas Cancer Council adopts amendments to §§704.1, 704.7 and 704.11 concerning the Texans Conquer Cancer Advisory Committee, guidelines for awarding support services funds, and confidentiality of records with changes as published in the May 18, 2007, issue of the Texas Register (32 TexReg 2743) and will be republished.
The amendments to §704.1 add clarity and definition to the procedure for determining the term of office of the members of the advisory committee for the Texans Conquer Cancer License Plate Program. The changes to §704.7 update the applicable guidelines for the application form and conform the terminology used in the rule to the current usage. The name of the Texas Department of Health in §704.11 is amended to conform to the new statutory name of Texas Department of State Health Services.
No public comments were received.
The amendments are adopted 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. These amendments 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 these amendments.
§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 Group A, made up of three of the original members expired on January 31, 2007. The term of office of the Group B, consisting of the remaining four original members, will expire on January 31, 2009. Thereafter, the terms of the Group members and the terms of Group B members will expire on alternate odd-numbered years, beginning with Group A in 2011, 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 teleconference.
(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.Guidelines for Awarding Support Services Funds.
(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 unallowable 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 paragraphs (1) and (2) of this subsection are not necessarily allowable.
(e) Scope. The council will award grants taking into consideration recommendations from the TCCAC.
(f) Application Requirements.
(1) The council adopts by reference an application form entitled "Texans Conquer Cancer Patient Support Services Application (2008)". This form is available from the council office.
(2) Applicants must follow the format of the "Patient Support Services Application (2008)" form.
(3) 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.
(4) The Texans Conquer Cancer Advisory Committee will review applications for merit and will make funding recommendations to the TCC for final funding approval. Funding availability will be announced in the Texas Register and on the TCC website at www.tcc.state.tx.us at least 45 days prior to the deadline for receipt of applications. The grant application amount will be identified in the funding announcement. The application must be submitted in writing (Texas Cancer Council, P.O. Box 12097, Austin, Texas 78711) or through e-mail to applications@tcc.state.tx.us using the application form referenced in subsection (f)(1) of this section. Council decisions will be made during Council meetings, and the awardees will be contacted approximately 15 days after the meeting and will be sent a contract that must be signed as a condition to receiving the grant funds.
(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 application using appropriate selection criteria established in the RFA.
(3) All applications 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 an application 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 application 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.
(k) Expense Reimbursement.
(1) Funding for this program will be on a reimbursement basis only. Once organizations are selected to receive funding under this program they will be provided a Financial Status Report Form 269A, which will be used to request reimbursement and report financial actions. Claims for reimbursement of actual expenses of services delivered can be submitted once a month or quarterly.
(2) TCC grantees are required to collect performance data and report performance accomplished with funding from this program. A report indicating the number of people directly served by the grant and a report indicating the provided services must be submitted with the Reimbursement Request.
§704.11.Confidentiality of Records.
(a) 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.
(b) As required by §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.
(1) The guidelines shall apply to all employees of the grantee and clients, patients, and residents served by the grantee.
(2) The guidelines shall be consistent with guidelines published by the Texas Department of State Health Services and with state and federal regulations.
(3) 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.
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 August 3, 2007.
TRD-200703385
Sandra Balderrama
Executive Director
Texas Cancer Council
Effective date: August 23, 2007
Proposal publication date: May 18, 2007
For further information, please call: (512) 438-3029