Texas Human Resources Code Title 6, Chapter 101a - State Services For The Aging
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 101A.001 - Definitions
In this chapter: (1) "Commissioner" means the commissioner of aging and disability services. (2) "Department" means the Department of Aging and Disability Services. (3) "Executive...
- Texas Section 101A.002 - Commissioner's Powers And Duties; Effect Of Conflict With Other Law
To the extent a power or duty given to the commissioner by this chapter or another law relating to state services for the aging conflicts...
SUBCHAPTER B POWERS AND DUTIES OF DEPARTMENT AND EXECUTIVE COMMISSIONER
- Texas Section 101A.003 - Cooperation With Federal And State Agencies
(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...
- Texas Section 101A.051 - Rules
The executive commissioner shall adopt rules governing the functions of the department under this chapter, including rules that prescribe the policies and procedures followed by...
- Texas Section 101A.052 - General Functions Of Department Related To Aging Services
(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...
SUBCHAPTER C PROGRAMS AND SERVICES
- Texas Section 101A.053 - Older Americans Act; State Plan
(a) The department shall develop this state's plan on aging, as required by the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.)....
- Texas Section 101A.101 - Community Senior Citizens Employment Programs
(a) In this section, "suitable employment" means employment that is commensurate with the individual's skills and ability and for which compensation is paid equal to...
- Texas Section 101A.102 - Voluntary Community Services Programs
(a) The department shall ensure that state funds appropriated to the department for programs to recruit elderly persons to perform voluntary community services or for...
- Texas Section 101A.103 - Texas Cares Program
(a) The executive commissioner by rule may establish and the department may operate a Texas Cares program to provide persons eligible for discount drug price...
- Texas Section 101A.104 - Public Information On Cost Of Long-term Care
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;...
- Texas Section 101A.105 - Services Of Other Agencies
The department may accept services performed by other agencies to accomplish the purposes of this chapter. Added by Acts 2015, 84th Leg., R.S., Ch. 1...
- Texas Section 101A.106 - Review Of Administrative Costs And Programs
(a) The executive commissioner by rule shall define "administrative costs" as used in this section. However, if a standard definition of administrative costs is required...
SUBCHAPTER D OPTIONS FOR INDEPENDENT LIVING PROGRAM
- Texas Section 101A.107 - Report On Unit Costs
The department shall file with the Legislative Budget Board and the Governor's Office of Budget, Planning, and Policy a report that clearly identifies the unit...
- Texas Section 101A.151 - Definitions
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...
- Texas Section 101A.152 - Options For Independent Living Program
(a) The department shall establish a statewide Options for Independent Living program to help elderly persons remain at home despite limited self-care capacities and to...
- Texas Section 101A.153 - Persons To Be Served
(a) The Options for Independent Living program shall give priority to an elderly person who: (1) has recently suffered a major illness or health care...
- Texas Section 101A.154 - Provision Of Services
(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;...
- Texas Section 101A.155 - Case Management Units
(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...
- Texas Section 101A.156 - Administration Of Program
(a) The department shall administer the Options for Independent Living program through grants to area agencies on aging. (b) Area agencies on aging shall maintain...
- Texas Section 101A.157 - Fees
(a) The executive commissioner by rule shall establish a copayment system using a sliding scale that is based on an elderly person's income. (b) An...
SUBCHAPTER E FUNDING
- Texas Section 101A.158 - Annual Report
(a) The department shall annually report on the Options for Independent Living program to the governor and the presiding officer of each house of the...
- Texas Section 101A.201 - Authority To Accept, Expend, And Transfer Funds
The department may accept, expend, and transfer federal and state funds appropriated for programs authorized by federal and state law and administered by the department...
- Texas Section 101A.202 - Contributions To Local Organizations: Certain Counties
(a) This section applies only to counties having a population of not less than 22,140 and not more than 22,340 and to cities and towns...
- Texas Section 101A.203 - Funding To Area Agencies On Aging
(a) The executive commissioner by rule shall adopt a formula that meets the intent of the Older Americans Act of 1965 (42 U.S.C. Section 3001...
SUBCHAPTER F OFFICE OF STATE LONG-TERM CARE OMBUDSMAN
- Texas Section 101A.204 - Trusts For Certain Recipients Of Medical Assistance
(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...
- Texas Section 101A.251 - Definitions
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...
- Texas Section 101A.252 - Operation Of Office
(a) The department shall operate the office of the state long-term care ombudsman. (b) The department may operate the office directly or by contract or...
- Texas Section 101A.253 - Role Of Office
The office and the ombudsman program shall operate in cooperation with any regulatory agency funded and mandated by the Older Americans Act of 1965 (42...
- Texas Section 101A.254 - Powers And Duties Of State Ombudsman And Office
(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,...
- Texas Section 101A.255 - Ombudsmen
(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...
- Texas Section 101A.256 - Legal Assistance
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...
- Texas Section 101A.257 - Investigations
(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...
- Texas Section 101A.258 - Access To Records And Confidentiality
(a) The state ombudsman or the state ombudsman's designee, specifically identified by the commissioner, shall have access to patient care records of elderly residents of...
- Texas Section 101A.259 - Reporting System
The office shall maintain a statewide ombudsman uniform reporting system to collect and analyze information relating to complaints and conditions in long-term care facilities as...
- Texas Section 101A.260 - Analysis Of Laws
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...
- Texas Section 101A.261 - Public Information
The office shall provide information to public agencies, legislators, and others that relates to the problems and concerns of elderly residents. Added by Acts 2015,...
- Texas Section 101A.262 - Annual Report
(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)...
- Texas Section 101A.263 - Limitation Of Liability
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...
- Texas Section 101A.264 - Criminal Penalty
(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: September 28, 2016