Texas Administrative Code

(a) Definitions (1) "Consumer" means an individual who obtains or has obtained a product or service from you that is to be used primarily for personal, family, or household purposes. (2) "Privacy notice" means any notice which you give regarding a consumer's right to privacy as r…

A state employee family leave pool is established to provide eligible employees more flexibility in bonding and caring for children during a child's first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee, including …

(a) Delegation of Authority to Executive Director. In addition to any other powers and duties expressly provided by Federal or State law, the executive director is authorized to perform the duties or exercise the powers of the commission as described in this section. The executiv…

(a) Contracts for the purchase of goods or services that have a value in excess of $1 million will be identified for enhanced contract or performance monitoring. (b) Contracts that are identified for enhanced contract or performance monitoring will be reported to the commission a…

(a) The commission adopts by reference the rules of the Office of the Attorney General in 1 TAC Part 3, Chapter 68 Negotiation and Mediation of Certain Contract Disputes. The rules set forth a process to permit parties to structure a negotiation or mediation in a manner that is m…

(a) The commission adopts by reference the rules of the Texas Comptroller of Public Accounts relating to bid opening and tabulation (34 Texas Administrative Code § 20.35). (b) Adoption of this rule is required of state agencies by Texas Government Code § 2156.005 (d). Notes 13 Te…

(a) Covered produce. Covered produce includes produce listed in 21 C.F.R. 112.1 . (b) Produce that is not covered. (1) The following produce is "not covered" by the Produce Safety Rule under 21 C.F.R. 112.2(a) : (A) produce that is produced by an individual for personal consumpti…

(a) TOPS may conduct a pre-assessment review to determine whether a farm is covered by the Produce Safety Rule and/or eligible for a Qualified Exemption. (1) A covered farm is eligible for a Qualified Exemption if it meets the requirements of 21 C.F.R. 112.5 . (2) A covered farm …

(a) A permittee may revise a uranium exploration permit by filing with the division a completed Form SMRD-3U (Application to Conduct Uranium Exploration Activities by Drilling) no later than 30 days prior to the proposed revision implementation date and paying the Commission the …

(a) "Complainant" means a person who files a complaint or inquiry. (b) "Complaint" means a written communication submitted to the department by a person that alleges misconduct by a person believed to be engaging in an activity that is regulated by the department. For purposes of…

(a) Complaints and inquiries filed with the department are generally considered public information, unless a specific statutory exception applies. (b) Upon receipt of a complaint or inquiry, the department will make a good faith effort to protect complainant's identity to the ext…

(a) Courses and programs wholly or partially financed from state funds are subject to the prior approval and continuing review of the Board or as delegated to the Commissioner as specified in Chapter 9, Subchapter E of this title (relating to Certificate or Associate Degree Progr…

The purpose of this chapter is to prescribe rules and regulations for the Texas State Technical College System in the general operation of its campuses, extension facilities, and programs. Notes 19 Tex. Admin. Code § 11.1 The provisions of this §11.1 adopted to be effective Augus…

(a) Covered produce. Covered produce includes produce listed in 21 CFR § 112.1 . (b) Produce that is not covered. (1) The following produce is "not covered" by the Produce Safety Rule under 21 CFR § 112.2(a) : (A) produce that is produced by an individual for personal consumption…

(a) Texas Education Code, Section 135.01 , creates the Texas State Technical College System and provides that it shall be a coeducational two-year institution of higher education offering courses of study in technical-vocational education for which there is demand within the Stat…

(a) The Board shall review any proposed legislation establishing an additional Texas State Technical College campus. The review shall consider the state's need for the new campus. The Board shall report its findings to the Governor and the Legislature. (b) The Board shall make a …

(a) The system may establish an extension program in accordance with Texas Education Code, Section 135.06 , and by approval of the Board. (b) The system may operate an extension center in accordance with Texas Education Code, Section 135.02 , and under continuing review by the Bo…

The governing board may accept, acquire by purchase, lease, sell, transfer, or exchange land in the name of the State of Texas and make improvement to facilities in any of the counties in which a campus or extension center is located according to procedures outlined in Chapter 17…

The Board shall periodically conduct a comprehensive audit of all educational and general facilities on the campuses of the Texas State Technical College System as outlined in Chapter 17 of this title (relating to Campus Planning). Notes 19 Tex. Admin. Code § 11.25 The provisions…

(a) The commission adopts by reference the rules of the Texas Comptroller of Public Accounts, Statewide Procurement and Support Services in 34 TAC § 20.207 and § 20.208(relating to Competitive Sealed Bidding and Competitive Sealed Proposals). (b) The adoption of this rule is requ…

(a) Pursuant to Texas Government Code, § 2261.253 , the commission shall assess each contract to determine appropriate contract and performance monitoring requirements. (b) The executive director or his designee shall ensure that risk assessment factors are used to determine when…

The contract monitoring roles and responsibilities of agency internal audit staff and other inspection, investigative, or audit staff are as follows. (1) A unit within the agency will perform internal audit activities which will include providing assistance and consulting regardi…

This subchapter applies only to contracts for goods or services which have been procured by one of the procurement methods described in Texas Government Code, § 2261.001 as being subject to the requirements of Texas Government Code, Chapter 2261. Notes 30 Tex. Admin. Code § 11.20…

(a) A contractor may request a contested case hearing before the State Office of Administrative Hearings (SOAH) of any unsettled portion of the claim. (b) A contractor must file the request for hearing with the chief clerk in writing on a form to be determined by the commission. …

(a) Any actual or prospective bidder, offeror, proposer, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Procurements and Contracts Manager of the commission or his designee (hereafter Manager). Su…

The following forms are to be used in conjunction with the rules adopted under this chapter. Copies of these forms may be obtained by contacting the Company Licensing and Registration Office, Mail Code 103-CL, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-91…

A name application form and other HMO forms may be obtained by contacting the Company Licensing and Registration Office, Mail Code 103-CL, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, or from the department's website at www.tdi.texas.gov. Notes 28 Tex…

The name application form may be submitted with or at any time before submitting the application for certificate of authority, together with a $100 filing fee. (1) The name, address, and title or relationship to the proposed HMO of each organizer must be shown on the name applica…

The commissioner will review requests for reservation of names in the manner provided for the review of corporate names under Chapter 7, Subchapter G, of this title (relating to Review of Corporate Names). Notes 28 Tex. Admin. Code § 11.104 The provisions of this §11.104 adopted …

(a) Whenever requested by the department, an MCO participating in Medicaid must file with the department a complete set of financial exhibits pertaining to the state Medicaid program, in the format of the Managed Care Financial Statistical Report, as may be modified or amended by…

(a) Basic, single service, and limited service HMOs must develop and maintain an ongoing QI program designed to objectively and systematically monitor and evaluate the quality and appropriateness of care and services and to pursue opportunities for improvement. Unless the HMO has…

The QI program for basic, single service, and limited service HMOs must be continuous and comprehensive, addressing both the quality of clinical care and the quality of services. The HMO must dedicate adequate resources, such as personnel and information systems, to the QI progra…

(a) Except as otherwise provided, words and terms defined in Insurance Code Chapters 823 (concerning Insurance Holding Company Systems), 843 (concerning Health Maintenance Organizations), 1271 (concerning Benefits Provided by Health Maintenance Evidence of Coverage; Charges), 127…

A filing fee required by Insurance Code § 843.154 (concerning Fees), as determined by § 7.1301 of this title (relating to Regulatory Fees), must accompany an application for a certificate of authority, unless the filing is made electronically through the NAIC's System for Electro…

(a) Revisions during the review of an application for a certificate of authority must be addressed to: Company Licensing and Registration Office, Mail Code 103-CL, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, or submitted electronically as instructed …

The application for a certificate of authority must contain the following, in this order: (1) a completed name application form along with any certificate of reservation of corporate name issued by the secretary of state; (2) a completed certificate of authority application form;…

(a) The following documents must be made available for review at the applicant's office in Texas or another location within Texas agreed to by the department and on request during the application process: (1) administrative: policy and procedure manuals; (2) health information sy…

(a) Each point-of-service group enrollment application and, if the employer, association, or private group arrangement elects to offer the point-of-service option, each enrollment form, must include a disclosure statement written in a readable and understandable format that inclu…

(a) Severability. If a court of competent jurisdiction holds that any provision of this chapter or its application to any person or circumstance is invalid for any reason, the invalidity does not affect other provisions or applications of this chapter that can be given effect wit…

The following words and terms, when used in this subchapter, have the meaning indicated below unless the context clearly indicates otherwise: (1) Acute day treatment--Program-based services focused on the short-term, acute treatment of individuals who require multi-disciplinary t…

(a) A limited service HMO must develop and maintain an ongoing quality improvement structure and program that complies with Chapter 11, Subchapter T, of this title (relating to Quality of Care). (b) Each limited service HMO must provide uniquely described services with any corres…

A limited service HMO may not: (1) exclude services required for preexisting conditions which would otherwise be covered under the plan; (2) establish waiting periods for coverage of preexisting conditions; (3) impose a lifetime coverage maximum for any covered service or benefit…

Each limited service HMO evidence of coverage providing coverage for mental health and chemical dependency services and benefits must: (1) cover, in compliance with the limited service HMO's standards of medical necessity, court-ordered mental health and chemical dependency treat…

(a) Failure of any party to any agreement under this subchapter to comply with any requirement of this subchapter may result in an order from the commissioner that the HMO must terminate the delegation agreement and resume or redelegate any or all delegated functions as well as t…

(a) An HMO must file the written executed agreement described in this subchapter and any subsequently executed amendments to the agreement with the department as required under § 11.301 of this title (relating to Filing Requirements). (b) Every agreement must include as an attach…

(a) An HMO must file an application with the department for approval before the HMO may expand an existing service area, reduce an existing service area, or add a new service area. (b) For the purposes of an application to expand an existing service area, reduce an existing servi…

(a) The department has authority to conduct examinations of HMOs under Insurance Code Chapters 401 (concerning Audits and Examinations) and 751 (concerning Market Conduct Surveillance), and Insurance Code § 843.156 (concerning Examinations) and §843.251 (concerning Complaint Syst…