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State Law
Federal Law
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Texas Human Resources Code - Chapter 101 Texas Department On AgingLegal Research Home > Texas Lawyer > Human Resources Code > Texas Human Resources Code - Chapter 101 Texas Department On Aging (a) The Texas Department on Aging is created. (b) The Texas Board on Aging is created as the governing body of the Texas Department on ... (a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications ... (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as ... The Texas Department on Aging is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the ... (a) The governor shall designate a presiding officer of the board from among the members. (b) A member holds the position of presiding officer at ... (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist ... (a) The commissioner of health and human services shall employ an executive director of aging in accordance with Section 531.0056, Government Code. The executive director ... (a) The Citizens Advisory Council is composed of one member appointed by the board from each designated area agency on aging. Each council member must ... (a) The executive director may establish divisions within the department that he considers necessary for effective administration and the discharge of the department's functions. (b) ... (a) The executive director may employ personnel necessary for the administration of the department's duties. (b) The executive director or the executive director's designee shall ... The department may establish a merit system for its employees. The merit system may be maintained in conjunction with other state agencies that are required ... (a) The executive director shall prepare and submit to the board for approval a biennial budget and request for an appropriation by the legislature of ... The commissioner of health and human services has the powers and duties relating to the board and executive director as provided by Section 531.0055, Government ... (a) The board shall adopt rules governing the functions of the department, including rules that prescribe the policies and procedures followed by the board and ... (a) The department shall provide expertise and advice to state agencies and the legislature and other elected officials on aging issues, including recommendations to meet ... (a) The board shall prepare information of public interest describing the functions of the board and describing the board's procedures by which complaints are filed ... (a) In this section, "suitable employment" means employment which is commensurate with the individual's skills and ability and for which compensation is paid equal to ... (a) The department shall disburse state funds appropriated for the purpose to local public agencies or private, nonprofit corporations that operate programs to recruit elderly ... (a) The department is the state agency designated to handle federal programs relating to the aging that require action within the state and that are ... (a) The board by rule shall define "administrative costs" as used in this section. However, if a standard definition of administrative costs is required by ... The department shall file with the Legislative Budget Board and the Governor's Office of Budget and Planning a report that clearly identifies the unit cost ... (a) The department and the Texas Department of Human Services, with the approval of the Health and Human Services Commission, shall work to ensure consistency ... (a) The department and the Texas Department of Human Services shall develop standardized assessment procedures to share information on common clients served in a similar ... The department may accept and solicit gifts or grants of money or property from public or private sources. Donations of money must be placed in ... The department may accept, expend, and transfer federal and state funds appropriated for programs authorized by federal and state law. The department may accept, expend, ... (a) This section applies only to counties having a population of not less than 23,750 and not more than 24,000 and to cities and towns ... The department shall develop programs to provide information to the public relating to: (1) the cost of long-term care; (2) the limits on Medicaid eligibility; ... (a) The board of the Texas Department on Aging, by rule, shall adopt a formula that meets the intent of the Older Americans Act, as ... (a) An area agency on aging may contract with one or more private attorneys to establish trusts described by 42 U.S.C. Section 1396p(d)(4)(B) for the ... (a) The department and the Texas Department of Human Services shall jointly develop this state's plan on aging, as required by the federal Older Americans ... (a) The department by rule may establish and operate a Texas Cares program to provide persons eligible for discount drug price programs offered by pharmaceutical ... In this subchapter: (1) "Case management" means the process of assessing service needs, developing a plan of care, and arranging for and monitoring delivery of ... (a) The department shall establish a statewide program entitled Options for Independent Living to help elderly persons remain at home despite limited self-care capacities and ... (a) The program shall give priority to an elderly person who: (1) has recently suffered a major illness or health care crisis or has recently ... (a) Support services shall include: (1) case management; (2) homemaking assistance, including personal care; (3) residential repair and modification; (4) benefits counseling; (5) respite care; ... (a) The department shall designate one or more case management units for each service area to provide case management services according to department rules and ... (a) The department, with the advice of an advisory committee, shall administer the program through grants to area agencies on aging. (b) Area agencies on ... (a) The department shall appoint a statewide advisory committee that includes hospital discharge planners, hospital administrators, home health agency representatives, nurses, and physicians to advise ... (a) The department by rule shall establish a copayment system using a sliding scale that is based on an elderly person's income. (b) An elderly ... (a) The department shall annually report on the program to the governor and the presiding officer of each house of the legislature. (b) The report ... In this subchapter: (1) "Elderly resident" means a resident of a long-term care facility who is 60 years of age or older. (2) "Long-term care ... (a) The department shall establish and operate the office of the state long-term care ombudsman. (b) The department may operate the office directly or by ... (a) The office and the ombudsman program shall operate in cooperation with any regulatory agency funded and mandated by the Older Americans Act of 1965 ... (a) The state ombudsman and the office have the powers and duties required by state and federal law. (b) The office may use appropriate administrative, ... The department shall ensure that the office receives adequate legal advice and representation. The attorney general shall represent the ombudsman or a representative if a ... (a) The office shall recruit volunteers and citizen organizations to participate in the ombudsman program. A paid staff member of an area agency on aging ... (a) The office shall have access to elderly residents and shall investigate and resolve complaints made by or on behalf of elderly residents. (b) The ... (a) The state ombudsman or his designee, specifically identified by the executive director of aging, shall have access to patient care records of elderly residents ... The office shall establish a statewide ombudsman uniform reporting system to collect and analyze information relating to complaints and conditions in long-term care facilities as ... The office shall analyze and monitor the development and implementation of federal, state, and local laws, rules, regulations, and policies relating to long-term care facilities ... The office shall provide information to public agencies, legislators, and others that relates to the problems and concerns of elderly residents. Added by Acts 1989, ... (a) The office shall prepare an annual report that contains: (1) information and findings relating to the problems and complaints of elderly residents; and (2) ... An ombudsman or a representative is not liable for civil damages or subject to criminal prosecution for performing official duties unless the ombudsman or representative ... (a) A person commits an offense if the person: (1) intentionally interferes with an ombudsman attempting to perform official duties; or (2) commits or attempts ... Last modified: August 10, 2007 |