Texas Government Code

Sec. § 531.0055
Executive Commissioner: General Responsibility for Health and Human Services System


(a)

In this section and in Section 531.0056 (Appointment of Agency Director by Executive Commissioner), “agency director” means the commissioner of a health and human services agency.

(b)

The commission shall:

(1)

supervise the administration and operation of Medicaid, including the administration and operation of the Medicaid managed care system in accordance with Section 531.021 (Administration of Medicaid);

(2)

perform information systems planning and management for the health and human services system under Section 531.0273 (Information Resources Planning and Management), with:

(A)

the provision of information technology services for the health and human services system considered to be a centralized administrative support service either performed by commission personnel or performed under a contract with the commission; and

(B)

an emphasis on research and implementation on a demonstration or pilot basis of appropriate and efficient uses of new and existing technology to improve the operation of the health and human services system and delivery of health and human services;

(3)

monitor and ensure the effective use of all federal funds received for the health and human services system in accordance with Section 531.028 (Monitoring and Effective Management of Funds) and the General Appropriations Act;

(4)

implement Texas Integrated Enrollment Services as required by Subchapter F, except that notwithstanding Subchapter F, determining eligibility for benefits under the following programs is the responsibility of and must be centralized by the commission:

(A)

the child health plan program;

(B)

the financial assistance program under Chapter 31 (Financial Assistance and Service Programs), Human Resources Code;

(C)

Medicaid;

(D)

the supplemental nutrition assistance program under Chapter 33 (Nutritional Assistance Programs), Human Resources Code;

(E)

long-term care services, as defined by Section 22.0011 (Definitions), Human Resources Code;

(F)

community-based support services identified or provided in accordance with Section 531.02481 (Community-based Support and Service Delivery Systems for Long-term Care Services); and

(G)

other health and human services programs, as appropriate; and

(5)

implement programs intended to prevent family violence and provide services to victims of family violence.

(c)

The commission shall implement the powers and duties given to the commission under Sections 531.0246 (Regional Management of Health and Human Services Agencies), 531.0247 (Annual Business Plan), 2155.144 (Procurements by Health and Human Services Agencies), and 2167.004 (Leasing Space for Health and Human Services Agencies).

(d)

After implementation of the commission’s duties under Subsections (b) and (c), the commission shall implement the powers and duties given to the commission under Section 531.0248 (Community-based Support Systems). Nothing in the priorities established by this section is intended to limit the authority of the commission to work simultaneously to achieve the multiple tasks assigned to the commission in this section, when such an approach is beneficial in the judgment of the commission. The commission shall plan and implement an efficient and effective centralized system of administrative support services for the health and human services system in accordance with Section 531.00553 (Administrative Support Services).

(e)

Notwithstanding any other law, the executive commissioner shall adopt rules and policies for the operation of and provision of health and human services by the health and human services system. In addition, the executive commissioner, as necessary to perform the functions described by Subsections (b), (c), and (d) and Section 531.00553 (Administrative Support Services) in implementation of applicable policies established for a health and human services system agency or division, as applicable, by the executive commissioner, shall:

(1)

manage and direct the operations of each agency or division, as applicable;

(2)

supervise and direct the activities of each agency or division director, as applicable; and

(3)

be responsible for the administrative supervision of the internal audit program for the health and human services system agencies, including:

(A)

selecting the director of internal audit;

(B)

ensuring that the director of internal audit reports directly to the executive commissioner; and

(C)

ensuring the independence of the internal audit function.

(f)

The operational authority and responsibility of the executive commissioner for purposes of Subsection (e) for each health and human services system agency or division, as applicable, includes authority over and responsibility for the:

(1)

management of the daily operations of the agency or division, including the organization and management of the agency or division and its operating procedures;

(2)

allocation of resources within the agency or division, including use of federal funds received by the agency or division;

(3)

personnel and employment policies;

(4)

contracting, purchasing, and related policies, subject to this chapter and other laws relating to contracting and purchasing by a state agency;

(5)

information resources systems used by the agency or division;

(6)

location of facilities; and

(7)

coordination of agency or division activities with activities of other components of the health and human services system and state agencies.

(g)

Notwithstanding any other law, the operational authority and responsibility of the executive commissioner for purposes of Subsection (e) for each health and human services system agency or division, as applicable, includes the authority and responsibility to adopt or approve, subject to applicable limitations, any rate of payment or similar provision required by law to be adopted or approved by a health and human services system agency.

(h)

For each health and human services system agency and division, as applicable, the executive commissioner shall implement a program to evaluate and supervise daily operations. The program must include measurable performance objectives for each agency or division director and adequate reporting requirements to permit the executive commissioner to perform the duties assigned to the executive commissioner under this section.

(i)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 837 , Sec. 1.23(d), eff. September 1, 2017.

(j)

The executive commissioner shall adopt rules to implement the executive commissioner’s authority under this section.

(k)

The executive commissioner and each agency director shall enter into a memorandum of understanding in the manner prescribed by Section 531.0163 (Memorandum of Understanding) that:

(1)

clearly defines the responsibilities of the agency director and the executive commissioner, including:

(A)

the responsibility of the agency director to report to the governor and to report to and implement policies of the executive commissioner; and

(B)

the extent to which the agency director acts as a liaison between the agency and the commission;

(2)

establishes the program of evaluation and supervision of daily operations required by Subsection (h);

(3)

describes each delegation of a power or duty made to an agency director; and

(4)

ensures that the commission and each health and human services agency has access to databases or other information maintained or kept by each other agency that is necessary for the operation of a function performed by the commission or the health and human services agency, to the extent not prohibited by other law.

(l)

Notwithstanding any other law, the executive commissioner has the authority to adopt policies and rules governing the delivery of services to persons who are served by the health and human services system and the rights and duties of persons who are served or regulated by the system.

(m)

The executive commissioner shall establish standards for the use of electronic signatures in accordance with the Uniform Electronic Transactions Act (Chapter 322 (Uniform Electronic Transactions Act), Business & Commerce Code), with respect to any transaction, as defined by Section 322.002 (Definitions), Business & Commerce Code, in connection with the administration of health and human services programs.
Added by Acts 1999, 76th Leg., ch. 1460, Sec. 2.01, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 198, Sec. 1.03, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 11.009, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.008, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.04, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.05, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 1.23(d), eff. September 1, 2017.
Source

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Jun. 7, 2021