PART 15. TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 379. FAMILY VIOLENCE PROGRAM
The Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 1 Texas Administrative Code (TAC), Chapter 379 Family Violence Program, amended §§379.206, 379.614, 379.615, 379.626, 379.628, 379.701, 379.709, 379.711, 379.713, 379.902, 379.1605, 379.2012, 379.2013, 379.2024, 379.2026, 379.2027, 379.2106, 379.2108, and 379.2110, concerning emergency rules in response to COVID-19 in order to reduce the risk of transmission of COVID-19. As authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days' notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.
BACKGROUND AND PURPOSE
The purpose of the emergency rulemaking is to support the Governor's March 13, 2020 proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. The Commission accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these Family Violence Program COVID-19 Emergency Rules.
Current rules in 1 TAC Chapter 379 require HHSC Family Violence Program (FVP) contractors to provide in-person group services, convene board meetings, and have signed confidentiality agreements, which may put contractors staff and clients' health and safety at risk, at this time. Continuing to require the same levels of services and in-person participation during the time of an emergency is untenable and, without certain flexibilities, could deter survivors from accessing critical supportive services. To protect contractor staff, FVP clients, and the public health, safety, and welfare of the state during the COVID-19 pandemic, HHSC is adopting emergency rule amendments to allow flexibilities in FVP service provisioning.
SUBCHAPTER B. SHELTER CENTERS
DIVISION 2. CONTRACT STANDARDS
STATUTORY AUTHORITY
The emergency rulemaking is adopted under Texas Government Code §§2001.034 and 531.0055 and Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010. Texas Government Code §2001.034 authorizes the adoption of emergency rules without prior notice and hearing, if an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule on fewer than 30 days' notice. Texas Government Code §531.0055 authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010, authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amended sections implement Texas Government Code §531.0055, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. The amended sections also implement Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
§379.206.Requesting a Variance or Waiver.
(a) To request a waiver from the maximum prescribed
funding percentage, a center [center's board]
must submit:
(1) a completed Family Violence Program Waiver Request Form prescribed by the Health and Human Services Commission (HHSC);
(2) supporting documentation demonstrating the center's efforts to raise funds compared to its budget; and
(3) a written agreement to receive technical assistance as designated by HHSC.
(b) To request a variance or waiver from any other
requirement in this subchapter, the center [center's
board] must submit a completed Family Violence Program Waiver
Request Form prescribed by HHSC demonstrating the need for the variance
or waiver.
(c) In the event of a natural disaster, emergency, or public health concern, a variance or waiver from any other requirement in this subchapter may be submitted by email to the center's assigned HHSC Family Violence Program contract manager.
(d) [(c)] A center [center's board] may submit a request for a variance or waiver
up to 45 calendar days after the Annual Funding Report is due.
The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 8, 2020.
TRD-202002813
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: July 8, 2020
Expiration date: November 4, 2020
For further information, please call: (512) 206-5646
1 TAC §§379.614, 379.615, 379.626, 379.628
STATUTORY AUTHORITY
The emergency rulemaking is adopted under Texas Government Code §§2001.034 and 531.0055 and Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010. Texas Government Code §2001.034 authorizes the adoption of emergency rules without prior notice and hearing, if an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule on fewer than 30 days' notice. Texas Government Code §531.0055 authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010, authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amended sections implement Texas Government Code §531.0055, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. The amended sections also implement Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
§379.614.Confidentiality Information for Adult Residents and Nonresidents.
A center must provide to adult residents and nonresidents, in writing or verbally, at least the following:
(1) the right to see their records;
(2) the kind of information recorded, why, and the methods of collection;
(3) who within the center has access to the resident's or nonresident's case files and records;
(4) an overview of the center's policy and practices on confidentiality;
(5) current state and federal laws regarding the limits of confidentiality under the law, including mandatory reporting for abuse or suspected abuse of:
(A) children;
(B) the elderly; and
(C) people with disabilities;
(6) an overview of the center's policy for responding to court orders;
(7) an overview of the center's policy for requests for information under the Public Information Act;
(8) an overview of the center's policy for release of information;
(9) when the records will be decoded or destroyed; and
(10) an overview of what kind of information will remain in the file once a resident or nonresident terminates services.
§379.615.Confidentiality Agreements.
(a) A center must have all employees, volunteers,
board members, student interns, and adult residents [and adult
nonresidents] sign a confidentiality agreement. The agreement
must have a provision that states that confidentiality must be maintained
after an employee, volunteer, board member, student intern, or resident
[, or nonresident] leaves the center. The signed agreements
must be placed:
(1) in the personnel files of the employees;
(2) in the corporate records of the board members;and
(3) in the individual files of volunteers, student
interns, and residents [, and nonresidents].
(b) A center must at a minimum, verbally inform adult nonresidents of the confidentiality policy and require that adult nonresidents provide verbal agreement that acknowledges their understanding of and intent to comply with the policy. When possible, adult nonresidents must sign a confidentiality agreement.
§379.626.Disruption in Providing Services.
(a) A center must develop, maintain, and comply with written policies and procedures for any disruption in the ability to provide services.
(b) Any disruption in the ability to provide services
must be [verbally] reported immediately to the Health and
Human Services Commission (HHSC).
(c) The report to HHSC must include a description of the disruption and how services will be or were maintained.
[(c) After the initial verbal notification,
the center must submit to HHSC, within two weeks, a written description
of the disruption and how services will be or were maintained.]
§379.628.Resident and Nonresident Rights.
A center must:
(1) provide [written] rights to all residents
and nonresidents either in writing or verbally;
(2) make reasonable accommodations to provide [written
] rights for residents and nonresidents with limited English
proficiency in writing or verbally; and
(3) post resident and nonresident rights in a visible area within all center facilities.
The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 8, 2020.
TRD-202002814
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: July 8, 2020
Expiration date: November 4, 2020
For further information, please call: (512) 206-5646
1 TAC §§379.701, 379.709, 379.711, 379.713
STATUTORY AUTHORITY
The emergency rulemaking is adopted under Texas Government Code §§2001.034 and 531.0055 and Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010. Texas Government Code §2001.034 authorizes the adoption of emergency rules without prior notice and hearing, if an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule on fewer than 30 days' notice. Texas Government Code §531.0055 authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010, authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amended sections implement Texas Government Code §531.0055, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. The amended sections also implement Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
§379.701.Shelter Center Services.
(a) When safe for the resident, nonresident,
and staff, the [The] center must provide [,
at a minimum,] access in-person or remotely to the
following services[,] by providing the services directly,
by providing referrals to entities that provide the services [referral], or by providing the services through formal
arrangements with other agencies.[, and] The
center must have written procedures regarding these services
as described in this subchapter:
(1) 24-hour-a-day shelter;
(2) a crisis call hotline available 24 hours a day;
(3) emergency medical care;
(4) intervention services, including safety planning, understanding and support, information, education, referrals, resource assistance, and individual service plans;
(5) emergency transportation;
(6) legal assistance in the civil and criminal justice systems, including identifying individual needs, legal rights and legal options and providing support and accompaniment in pursuing those options;
(7) information about educational arrangements for children;
(8) information about training for and seeking employment; and
(9) a referral system to existing community services.
(b) If a center is unable to directly or through a formal arrangement provide a service(s) requested by a resident or nonresident, due to safety concerns, the center must refer the client to another organization capable of providing the requested service(s). Prior to referring the client, a center must ensure that the other organization has the capacity to offer the requested services.
§379.709.Nonresident's Orientation.
A center must ensure orientation is provided verbally [orally] and in writing when possible, is documented,
and includes, but is not limited to:
(1) explanation of services available;
(2) termination policy;
(3) nonresidents' rights;
(4) nondiscrimination statement;
(5) grievance procedures;
(6) safety and security procedures;
(7) confidentiality and limits of confidentiality;
(8) waivers of liability; and
(9) a wellness check for all family members that addresses their immediate needs.
§379.711.Group Intervention.
A center must:
(1) provide at least one in-person or remote weekly support group for adult residents and adult nonresidents; and
(2) not mandate adult resident or adult nonresident attendance at weekly support groups.
§379.713.Delivery of Children's Direct Services.
The center must:
(1) have services available that are specific to meet the needs of children;
(2) provide transportation or make transportation arrangements for child residents who attend school;
(3) provide or arrange for school supplies and clothing for child residents;
(4) provide an in-person or remote [a]
support group for child residents at least weekly, when age appropriate; and
[(5) provide a recreational or social
group for child residents at least weekly; and]
(5) [(6)] offer information and
referral services for nonresident children if nonresident services
are offered to the child's parent.
The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 8, 2020.
TRD-202002815
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: July 8, 2020
Expiration date: November 4, 2020
For further information, please call: (512) 206-5646
DIVISION 2. CONTRACT STANDARDS
STATUTORY AUTHORITY
The emergency rulemaking is adopted under Texas Government Code §§2001.034 and 531.0055 and Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010. Texas Government Code §2001.034 authorizes the adoption of emergency rules without prior notice and hearing, if an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule on fewer than 30 days' notice. Texas Government Code §531.0055 authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010, authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amended sections implement Texas Government Code §531.0055, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. The amended sections also implement Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
§379.902.Requesting a Variance or Waiver.
(a) To request a variance or waiver from a specific
requirement in this subchapter, the center [contractor's
board] must submit a completed Family Violence Program Waiver
Request Form prescribed by the Health and Human Services Commission
demonstrating the need for the variance or waiver.
(b) In the event of a natural disaster, emergency, or public health concern, a variance or waiver from any other requirement in this subchapter may be submitted by email to the center's assigned HHSC Family Violence Program contract manager.
(c) [(b)] A center [contractor's board] may submit a request for a variance or waiver
up to 90 calendar days after the end of the contract year for which
the variance or waiver is requested.
The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 8, 2020.
TRD-202002816
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: July 8, 2020
Expiration date: November 4, 2020
For further information, please call: (512) 206-5646
DIVISION 2. CONTRACT STANDARDS
STATUTORY AUTHORITY
The emergency rulemaking is adopted under Texas Government Code §§2001.034 and 531.0055 and Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010. Texas Government Code §2001.034 authorizes the adoption of emergency rules without prior notice and hearing, if an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule on fewer than 30 days' notice. Texas Government Code §531.0055 authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010, authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amended sections implement Texas Government Code §531.0055, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. The amended sections also implement Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
§379.1605.Requesting a Variance or Waiver.
(a) To request a waiver from the maximum prescribed
funding percentage, the center [center's board]
must submit:
(1) a completed Family Violence Program Waiver Request Form prescribed by the Health and Human Services Commission (HHSC);
(2) supporting documentation demonstrating the center's efforts to raise funds compared to its budget; and
(3) a written agreement to receive technical assistance as designated by HHSC.
(b) To request a variance or waiver from any other
requirement in this subchapter, the center [center's
board] must submit a completed Family Violence Program Waiver
Request Form prescribed by HHSC demonstrating the need for the variance
or waiver.
(c) In the event of a natural disaster, emergency, or public health concern, a variance or waiver from any other requirement in this subchapter may be submitted by email to the center's assigned HHSC Family Violence Program contract manager.
(d) [(c)] A center [center's board] may submit a request for a variance or waiver
up to 45 calendar days after the Annual Funding Report is due.
The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 8, 2020.
TRD-202002817
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: July 8, 2020
Expiration date: November 4, 2020
For further information, please call: (512) 206-5646
1 TAC §§379.2012, 379.2013, 379.2024, 379.2026, 379.2027
STATUTORY AUTHORITY
The emergency rulemaking is adopted under Texas Government Code §§2001.034 and 531.0055 and Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010. Texas Government Code §2001.034 authorizes the adoption of emergency rules without prior notice and hearing, if an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule on fewer than 30 days' notice. Texas Government Code §531.0055 authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010, authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amended sections implement Texas Government Code §531.0055, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. The amended sections also implement Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
§379.2012.Confidentiality Information for Adult Program Participants.
A center must provide to adult program participants, verbally and in writing, when possible, at least the following:
(1) the right to see their records;
(2) the kind of information recorded, why, and the methods of collection;
(3) who within the center has access to the program participants' case files and records;
(4) an overview of the center's policy and practices on confidentiality;
(5) current state and federal laws regarding the limits of confidentiality under the law, including mandatory reporting for abuse or suspected abuse of:
(A) children;
(B) the elderly; and
(C) people with disabilities;
(6) an overview of the center's policy for responding to court orders;
(7) an overview of the center's policy for requests for information under the Public Information Act;
(8) an overview of the center's policy for release of information;
(9) when the records will be decoded or destroyed; and
(10) an overview of what kind of information will remain in the file once a program participant terminates services.
§379.2013.Confidentiality Agreements.
(a) A center must have all employees, volunteers,
board members, and student interns [, and adult program
participants] sign a confidentiality agreement. The agreement
must have a provision that states that confidentiality must be maintained
after an employee, volunteer, board member, or student
intern [, or program participant] leaves the center. The
signed agreements must be placed:
(1) in the personnel files of the employees;
(2) in the corporate records of the board members; and
(3) in the individual files of volunteers and[,] student interns[, and program
participants].
(b) A center must verbally inform adult program participants of the confidentiality policy and require that all adult program participants provide verbal agreement that acknowledges their understanding of and intent to comply with the policy. When possible, adult program participants must sign a confidentiality agreement.
§379.2024.Minimum Hours for a Nonresidential Center.
When safe for the resident, nonresident, and staff, a [A] center must provide in-person or remote services
to victims of family violence [a minimum of 40 hours per week]
with a consistent schedule of service hours that may be regular business
hours or other hours as approved by the Health and Human Services Commission.
§379.2026.Disruption in Providing Services.
(a) A center must develop, maintain, and comply with written policies and procedures for any disruption in the ability to provide services.
(b) Any disruption in the ability to provide services
must be [verbally] reported immediately to the Health and
Human Services Commission (HHSC).
(c) The report to HHSC must include a description of the disruption and how services will be or were maintained.
[(c) After the initial verbal notification, the center must submit to HHSC, within two weeks, a written description of the disruption and how services will be or were maintained.]
§379.2027.Program Participant Rights.
A center must:
(1) provide [written] rights to all program participants verbally and, when possible, in writing;
(2) make reasonable accommodations to provide [written ] rights for program participants with limited English proficiency verbally and, when possible, in writing; and
(3) post program participant rights in a visible area within all center facilities.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 8, 2020.
TRD-202002818
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: July 8, 2020
Expiration date: November 4, 2020
For further information, please call: (512) 206-5646
1 TAC §§379.2106, 379.2108, 379.2110
STATUTORY AUTHORITY
The emergency rulemaking is adopted under Texas Government Code §§2001.034 and 531.0055 and Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010. Texas Government Code §2001.034 authorizes the adoption of emergency rules without prior notice and hearing, if an agency finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule on fewer than 30 days' notice. Texas Government Code §531.0055 authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. Human Resources Code, Title 2, Chapter 51, Subtitle E, §51.010, authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
The amended sections implement Texas Government Code §531.0055, which authorizes the Executive Commissioner of HHSC to adopt rules and policies necessary for the operation and provision of health and human services by the health and human services system. The amended sections also implement Texas Human Resources Code §51.010, which authorizes the Executive Commissioner of HHSC to adopt rules governing the HHSC Family Violence Program.
§379.2106.Program Participant's Orientation.
A center must ensure that an orientation is provided to a program
participant verbally [orally] and, when
possible, in writing, is documented, and includes, but is not
limited to:
(1) explanation of services available;
(2) termination policy;
(3) program participants' rights;
(4) nondiscrimination statement;
(5) grievance procedures;
(6) safety and security procedures;
(7) confidentiality and limits of confidentiality;
(8) waivers of liability; and
(9) a wellness check for all family members that addresses their immediate needs.
§379.2108.Group Intervention.
A center must:
(1) provide at least one in-person or remote weekly support group for adult program participants; and
(2) not mandate adult program participant attendance at weekly support groups.
§379.2110.Delivery of Children's Direct Services.
A center must:
(1) have services available that are specific to meet the needs of children, including information and referral services; and
(2) when providing services in-person, make reasonable accommodations to provide recreational or social activities for children during the time in which the adult parent is receiving services.
The agency certifies that legal counsel has reviewed the emergency adoption and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on July 8, 2020.
TRD-202002819
Karen Ray
Chief Counsel
Texas Health and Human Services Commission
Effective date: July 8, 2020
Expiration date: November 4, 2020
For further information, please call: (512) 206-5646