3 | 5 | | |
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4 | 6 | | |
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5 | 7 | | A BILL TO BE ENTITLED |
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6 | 8 | | AN ACT |
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7 | 9 | | relating to the establishment of the home nursing visitation for |
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8 | 10 | | newborn caregivers competitive grant program. |
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9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 12 | | SECTION 1. Chapter 32, Health and Safety Code, is amended by |
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11 | 13 | | adding Subchapter G to read as follows: |
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12 | 14 | | SUBCHAPTER G. HOME NURSING VISITATION FOR NEWBORN CAREGIVERS GRANT |
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13 | 15 | | PROGRAM |
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14 | 16 | | Sec. 32.201. DEFINITIONS. In this subchapter: |
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15 | 17 | | (1) "Commissioner" means the commissioner of the |
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16 | 18 | | Department of Family and Protective Services. |
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17 | 19 | | (2) "Department" means the Department of Family and |
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18 | 20 | | Protective Services. |
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19 | 21 | | (3) "Program" means the home nursing visitation for |
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20 | 22 | | newborn caregivers grant program established under this |
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21 | 23 | | subchapter. |
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22 | 24 | | (4) "Service provider" means an entity that offers |
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23 | 25 | | free of charge home nursing visits for newborn caregivers. |
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24 | 26 | | Sec. 32.202. ESTABLISHMENT OF PROGRAM; RULES. (a) The |
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25 | 27 | | department shall establish and administer within the department's |
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26 | 28 | | prevention and early intervention services division a competitive |
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27 | 29 | | grant program through which the department awards grants to |
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28 | 30 | | eligible service providers to provide or expand home nursing |
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29 | 31 | | visitation services for newborn caregivers. |
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30 | 32 | | (b) The department shall award grants under the program to |
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31 | 33 | | eligible service providers in a manner that ensures the grant |
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32 | 34 | | recipients: |
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33 | 35 | | (1) operate in multiple communities geographically |
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34 | 36 | | distributed throughout this state; |
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35 | 37 | | (2) have the capacity to offer home nursing visitation |
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36 | 38 | | services to all newborn caregivers within a defined service area, |
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37 | 39 | | including a birthing hospital service area, a municipality, or a |
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38 | 40 | | county; and |
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39 | 41 | | (3) commit to providing ongoing services to ultimately |
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40 | 42 | | serve the communities' entire newborn population and provide the |
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41 | 43 | | maximum possible health impact on that population. |
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42 | 44 | | (c) The commissioner shall adopt rules as necessary to |
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43 | 45 | | implement this subchapter. |
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44 | 46 | | Sec. 32.203. SERVICE REQUIREMENTS. Home nursing visitation |
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45 | 47 | | services funded by a grant awarded under this subchapter must: |
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46 | 48 | | (1) be offered free of charge to all newborn |
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47 | 49 | | caregivers, including foster and adoptive families, within the |
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48 | 50 | | grant recipient's defined service area; |
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49 | 51 | | (2) be voluntary and may not impose negative |
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50 | 52 | | consequences on a newborn caregiver that chooses not to |
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51 | 53 | | participate; |
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52 | 54 | | (3) be provided by registered nurses in the newborn |
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53 | 55 | | caregiver's home whenever possible, using telehealth services when |
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54 | 56 | | necessary and feasible; |
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55 | 57 | | (4) include an evidence-based assessment of the |
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56 | 58 | | physical, social, and emotional factors affecting the health and |
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57 | 59 | | safety of the newborn caregiver's family; |
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58 | 60 | | (5) include at least one registered nurse visit to the |
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59 | 61 | | newborn caregiver not later than six weeks postpartum or six weeks |
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60 | 62 | | after the newborn is discharged from a newborn intensive care unit, |
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61 | 63 | | with the opportunity to receive not more than three registered |
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62 | 64 | | nurse visits as determined by the nurse's professional judgment; |
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63 | 65 | | (6) provide to a newborn caregiver information and |
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64 | 66 | | referrals tailored to the caregiver's needs, as identified by a |
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65 | 67 | | home nursing visit, and support the caregiver in navigating needed |
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66 | 68 | | services; |
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67 | 69 | | (7) include a follow-up call to the newborn caregiver |
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68 | 70 | | not later than three months after the last home nursing visit to |
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69 | 71 | | assess success in referrals and family satisfaction and to close |
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70 | 72 | | the case; |
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71 | 73 | | (8) strictly adhere to an evidence-based service |
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72 | 74 | | delivery model selected by the department in accordance with |
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73 | 75 | | criteria set by the United States Department of Health and Human |
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74 | 76 | | Services for an early childhood home visiting service delivery |
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75 | 77 | | model, including any clinical, programmatic, and data collection |
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76 | 78 | | requirements under the model; |
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77 | 79 | | (9) strive to improve outcomes in one or more of the |
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78 | 80 | | following categories: |
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79 | 81 | | (A) reduction of child abuse and neglect; |
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80 | 82 | | (B) child health; |
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81 | 83 | | (C) maternal health; |
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82 | 84 | | (D) reduction of family violence; |
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83 | 85 | | (E) child development; |
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84 | 86 | | (F) family economic self-sufficiency; |
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85 | 87 | | (G) completion of maternal follow-up and |
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86 | 88 | | well-child visits with health care providers; |
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87 | 89 | | (H) appropriate use of a health care facility's |
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88 | 90 | | emergency department; and |
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89 | 91 | | (I) increased positive parenting practices; |
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90 | 92 | | (10) require the home nursing visits to: |
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91 | 93 | | (A) be offered in partnership with the newborn |
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92 | 94 | | caregiver's attending obstetrician or gynecologist, maternal |
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93 | 95 | | health provider, or birthing hospital, if applicable; and |
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94 | 96 | | (B) begin not later than six weeks postpartum or |
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95 | 97 | | six weeks after a newborn is discharged from a newborn intensive |
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96 | 98 | | care unit; and |
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97 | 99 | | (11) continue for a period of at least two years. |
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98 | 100 | | Sec. 32.204. APPLICATION REQUIREMENTS. (a) A public or |
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99 | 101 | | private entity, including a county, municipality, or other |
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100 | 102 | | political subdivision of this state, may apply for a grant under |
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101 | 103 | | this subchapter. |
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102 | 104 | | (b) To apply for a grant, an applicant must submit a written |
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103 | 105 | | application to the department on a form prescribed by commissioner |
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104 | 106 | | rule in accordance with this section. |
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105 | 107 | | (c) The application form must: |
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106 | 108 | | (1) require the applicant to provide: |
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107 | 109 | | (A) information on the number of births by |
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108 | 110 | | hospital located in the defined service area in which the applicant |
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109 | 111 | | proposes to operate; and |
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110 | 112 | | (B) a description of existing services available |
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111 | 113 | | to newborn caregivers in the community; |
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112 | 114 | | (2) describe the processes the department uses to |
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113 | 115 | | continually monitor and evaluate grant recipients under Section |
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114 | 116 | | 32.208, including the grant recipient's obligations to: |
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115 | 117 | | (A) collect and provide information requested by |
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116 | 118 | | the department; and |
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117 | 119 | | (B) adhere to the evidence-based model selected |
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118 | 120 | | by the department; |
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119 | 121 | | (3) require the applicant to outline the applicant's |
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120 | 122 | | plan to collaborate and strengthen relationships with health care |
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121 | 123 | | and social service providers to ensure the applicant's ability to |
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122 | 124 | | effectively connect newborn caregivers and the caregivers' |
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123 | 125 | | families to other community services when needed; and |
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124 | 126 | | (4) describe the applicant's plan for enrolling |
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125 | 127 | | newborn caregivers, including the applicant's partnerships with |
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126 | 128 | | birthing hospitals and local maternal health care and pediatric |
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127 | 129 | | health care providers. |
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128 | 130 | | Sec. 32.205. GRANT AWARD REQUIREMENTS. In determining |
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129 | 131 | | whether to award a grant to an applicant under this subchapter, the |
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130 | 132 | | department shall consider the applicant's demonstrated capacity to |
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131 | 133 | | provide home nursing visitation services to newborn caregivers in |
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132 | 134 | | the defined service area in which the applicant proposes to provide |
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133 | 135 | | services, which may be determined by considering: |
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134 | 136 | | (1) the applicant's ability to: |
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135 | 137 | | (A) participate in continued monitoring and |
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136 | 138 | | performance evaluations under Section 32.208, including the |
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137 | 139 | | applicant's ability to collect and provide information requested by |
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138 | 140 | | the department; |
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139 | 141 | | (B) comply with program standards; and |
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140 | 142 | | (C) develop broad-based community support and |
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141 | 143 | | leverage philanthropic support to implement or expand home nursing |
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142 | 144 | | visitation services for newborn caregivers; and |
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143 | 145 | | (2) the applicant's history of developing and |
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144 | 146 | | sustaining innovative, quality home nursing visitation services |
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145 | 147 | | for newborn caregivers that meet the needs of families and |
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146 | 148 | | communities. |
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147 | 149 | | Sec. 32.206. WRITTEN AGREEMENT WITH GRANT RECIPIENT |
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148 | 150 | | REQUIRED. Before awarding a grant under this subchapter, the |
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149 | 151 | | department shall enter into a written agreement with each applicant |
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150 | 152 | | to be awarded a grant that requires the grant recipient to repay |
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151 | 153 | | this state, in accordance with terms specified in the agreement, |
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152 | 154 | | if: |
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153 | 155 | | (1) the department determines the grant recipient has |
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154 | 156 | | not complied with the minimum standards and reporting requirements |
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155 | 157 | | prescribed by this subchapter or rules adopted under this |
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156 | 158 | | subchapter or with any other applicable rules or standards |
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157 | 159 | | prescribed by the commissioner or the department; or |
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158 | 160 | | (2) the grant recipient fails to use the grant money |
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159 | 161 | | for the purposes for which the grant was awarded, in accordance with |
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160 | 162 | | Section 32.207. |
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161 | 163 | | Sec. 32.207. USE OF GRANT MONEY. Grant money awarded under |
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162 | 164 | | this subchapter may be used only to cover costs related to the grant |
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163 | 165 | | recipient administering, implementing, or expanding home nursing |
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164 | 166 | | visitation services for newborn caregivers, including costs |
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165 | 167 | | related to: |
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166 | 168 | | (1) administering the home nursing visitation |
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167 | 169 | | services; |
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168 | 170 | | (2) training and managing registered nurses and other |
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169 | 171 | | staff who participate in providing the home nursing visitation |
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170 | 172 | | services; |
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171 | 173 | | (3) paying the salaries and expenses of registered |
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172 | 174 | | nurses and other required staff members who are essential to |
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173 | 175 | | delivering the home nursing visitation services; |
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174 | 176 | | (4) paying for facilities and equipment for providing |
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175 | 177 | | the home nursing visitation services; and |
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176 | 178 | | (5) paying for technical assistance to ensure a grant |
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177 | 179 | | recipient adheres to the evidence-based model selected by the |
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178 | 180 | | department. |
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179 | 181 | | Sec. 32.208. GRANT RECIPIENT MONITORING AND EVALUATION; |
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180 | 182 | | ANNUAL REPORT. (a) The department shall: |
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181 | 183 | | (1) adopt performance indicators designed to measure a |
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182 | 184 | | grant recipient's performance with respect to the program standards |
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183 | 185 | | adopted by commissioner rule that align with the evidence-based |
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184 | 186 | | model selected by the department; and |
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185 | 187 | | (2) use the performance indicators to continuously |
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186 | 188 | | monitor and formally evaluate at least annually the performance of |
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187 | 189 | | each grant recipient. |
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188 | 190 | | (b) Not later than December 1 of each year, the department |
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189 | 191 | | shall prepare and submit a written report to the standing |
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190 | 192 | | committees of the legislature with primary jurisdiction over the |
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191 | 193 | | department regarding the performance of each grant recipient during |
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192 | 194 | | the preceding state fiscal year with respect to providing program |
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193 | 195 | | services and improving outcomes for newborns and their families. |
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194 | 196 | | Sec. 32.209. COMPETITIVE GRANT PROGRAM FUNDING. (a) The |
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195 | 197 | | department shall seek and apply for any available federal and state |
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196 | 198 | | money, including money available for Medicaid or the Children's |
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197 | 199 | | Health Insurance Program (CHIP), to assist in financing the |
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198 | 200 | | program. |
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199 | 201 | | (b) The department shall consult, collaborate, and |
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200 | 202 | | coordinate with health benefit plan issuers in this state, |
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201 | 203 | | including Medicaid managed care organizations, to identify |
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202 | 204 | | existing incentives and reimbursement strategies that could expand |
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203 | 205 | | the program. |
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204 | 206 | | (c) The department may solicit and accept gifts, grants, and |
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205 | 207 | | donations to operate the program. |
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206 | 208 | | SECTION 2. (a) As soon as practicable after the effective |
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207 | 209 | | date of this Act, the Department of Family and Protective Services |
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208 | 210 | | shall apply for any available federal money to finance the grant |
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209 | 211 | | program established by Subchapter G, Chapter 32, Health and Safety |
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210 | 212 | | Code, as added by this Act. If federal money is not available for |
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211 | 213 | | that purpose and notwithstanding any provision of this Act, the |
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212 | 214 | | department shall delay implementation of Subchapter G, Chapter 32, |
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213 | 215 | | Health and Safety Code, as added by this Act, until federal money |
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214 | 216 | | becomes available. |
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215 | 217 | | (b) Not later than September 1, 2022, the Department of |
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216 | 218 | | Family and Protective Services shall establish and implement the |
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217 | 219 | | grant program established by Subchapter G, Chapter 32, Health and |
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218 | 220 | | Safety Code, as added by this Act. |
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219 | 221 | | (c) Not later than September 1, 2022, the commissioner of |
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220 | 222 | | the Department of Family and Protective Services shall adopt rules |
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221 | 223 | | necessary to implement Subchapter G, Chapter 32, Health and Safety |
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222 | 224 | | Code, as added by this Act. |
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223 | 225 | | (d) Not later than December 1, 2022, the Department of |
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224 | 226 | | Family and Protective Services shall submit a written report to the |
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225 | 227 | | standing committees of the legislature with primary jurisdiction |
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226 | 228 | | over the department regarding the implementation and status of the |
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227 | 229 | | grant program described by Subchapter G, Chapter 32, Health and |
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228 | 230 | | Safety Code, as added by this Act. |
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229 | 231 | | (e) Not later than December 1, 2023, the Department of |
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230 | 232 | | Family and Protective Services shall submit the initial report |
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231 | 233 | | required by Section 32.208, Health and Safety Code, as added by this |
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232 | 234 | | Act. |
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233 | 235 | | SECTION 3. This Act takes effect September 1, 2021. |
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