PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 374. MENTAL HEALTH EARLY INTERVENTION AND TREATMENT GRANT
The Executive Commissioner of the Texas Health and Human Services Commission (HHSC) proposes new §374.1, concerning Purpose and Objectives; §374.2, concerning Definitions; §374.3, concerning Eligibility Criteria for Applicants; and §374.4, concerning Application and Selection Process, in new Chapter 374 Mental Health Early Intervention and Treatment Grant.
BACKGROUND AND PURPOSE
The proposal is necessary to comply with Senate Bill (S.B.) 26, 88th Legislature, Regular Session, 2023, which adds new §531.09915 to the Texas Government Code effective September 1, 2023. Section 531.09915 requires the Health and Human Services Commission (HHSC) to implement a competitive grant program to support community-based initiatives that promote identification of mental health issues and improve access to early intervention and treatment for children and families and to establish by rule the application and eligibility requirements for an entity to be awarded a grant.
SECTION-BY-SECTION SUMMARY
Proposed new §374.1 describes the purpose and objective of the Mental Health Early Intervention and Treatment Grant, so that applicants understand the intent and general objectives of establishing community-based initiatives.
Proposed new §374.2 describes the definitions for terms used throughout the chapter.
Proposed new §374.3 lists the entities eligible for a grant awarded under the grant program in accordance with Texas Government Code §531.09915(e). The new rule is necessary to establish in rule eligibility requirements for entities applying for the grant.
Proposed new §374.4 describes the application and selection process leading to final award for potential applicants. The proposed new rule is necessary to establish in rule the application process for entities applying for the grant.
FISCAL NOTE
Trey Wood, HHSC Chief Financial Officer, has determined that for each year of the first five years that the rules will be in effect, enforcing or administering the rules does not have foreseeable implications relating to costs or revenues of state or local governments.
Participation in providing the new service described in the proposed new rules is optional; the rules merely provide guidance on application and eligibility requirements to receive the grant funds.
GOVERNMENT GROWTH IMPACT STATEMENT
HHSC has determined that during the first five years that the rules will be in effect:
(1) the proposed rules will not create or eliminate a government program;
(2) implementation of the proposed rules will not affect the number of HHSC employee positions;
(3) implementation of the proposed rules will result in no assumed change in future legislative appropriations;
(4) the proposed rules will not affect fees paid to HHSC;
(5) the proposed rules will create new rules;
(6) the proposed rules will not expand, limit, or repeal existing rules;
(7) the proposed rules will not change the number of individuals subject to the rules; and
(8) the proposed rules will not affect the state's economy.
SMALL BUSINESS, MICRO-BUSINESS, AND RURAL COMMUNITY IMPACT ANALYSIS
Trey Wood has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities, as these rules do not apply to small or micro-businesses, or rural communities, and do not impose any additional costs on those required to comply.
LOCAL EMPLOYMENT IMPACT
The proposed rules will not affect a local economy.
COSTS TO REGULATED PERSONS
Texas Government Code §2001.0045 does not apply to these rules because the rule does not impose a cost on regulated people, the rule relates to a state agency procurement, and it implements legislation that does not specifically state that §2001.0045 applies to the rules.
PUBLIC BENEFIT AND COSTS
Rob Ries, Deputy Executive Commissioner of Family Health Services, has determined that for each year of the first five years the rules are in effect, the public benefit will be to promote family preservation, better academic outcomes for children and youth, and positive social behaviors through earlier identification of mental health issues and improved access to early intervention and treatment for children and families.
Trey Wood has also determined that for the first five years the rules are in effect, there are no anticipated economic costs to persons who are required to comply with the proposed rules because participation in providing the new service described in the proposed rules is optional.
TAKINGS IMPACT ASSESSMENT
HHSC has determined that the proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.
PUBLIC COMMENT
Written comments on the proposal may be submitted to Rules Coordination Office, P.O. Box 13247, Mail Code 4102, Austin, Texas 78711-3247, or street address 701 W. 51st Street, Austin, Texas 78751; or emailed to HHSRulesCoordinationOffice@hhs.texas.gov.
To be considered, comments must be submitted no later than 31 days after the date of this issue of the Texas Register. Comments must be (1) postmarked or shipped before the last day of the comment period; (2) hand-delivered before 5:00 p.m. on the last working day of the comment period; or (3) emailed before midnight on the last day of the comment period. If last day to submit comments falls on a holiday, comments must be postmarked, shipped, or emailed before midnight on the following business day to be accepted. When emailing comments, please indicate "Comments on Proposed Rule 23R050" in the subject line.
STATUTORY AUTHORITY
The new sections are authorized by Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Government Code §531.09915(d), which requires the Executive Commissioner of HHSC to establish by rule eligibility and application requirements for an entity to be awarded a Mental Health Early Intervention and Treatment Grant.
The new sections affect Texas Government Code §531.0055 and Texas Government Code §531.09915.
§374.1.Purpose and Objectives.
(a) Purpose. This chapter implements Texas Government Code §531.09915, which authorizes the Health and Human Services Commission to implement a competitive matching grant program to support the initial establishment and operation of community-based initiatives that promote identification of mental health issues and improve access to early intervention and treatment for children and families.
(b) Grant objectives. The grants awarded under this chapter are intended to assist with the establishment or operation of community-based initiatives that may:
(1) be evidence-based or otherwise demonstrate positive outcomes, including:
(A) improved relationship skills;
(B) improved self-esteem;
(C) reduced involvement in the juvenile justice system;
(D) participation in the relinquishment avoidance program under Texas Family Code Chapter 262, Subchapter E; and
(E) avoidance of emergency room use; and
(2) include:
(A) training; and
(B) services and supports for:
(i) community-based initiatives;
(ii) agencies that provide services to children and families;
(iii) individuals who work with children or caregivers of children showing atypical social or emotional development or other challenging behaviors; and
(iv) children in or at risk of placement in the foster care or juvenile justice system.
§374.2.Definitions.
The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise.
(1) Applicant--An entity eligible to apply for a grant.
(2) Children--Individuals who are younger than 13 years of age.
(3) Commission--The Health and Human Services Commission.
(4) Early intervention--Services to identify and provide effective early support to children and young people who are at risk of poor outcomes.
(5) Grantee--A recipient of a grant awarded under this chapter.
§374.3.Eligibility Criteria for Applicants.
The following entities are eligible to apply for a grant:
(1) a hospital licensed under Texas Health and Safety Code Chapter 241;
(2) a mental hospital licensed under Texas Health and Safety Code Chapter 577;
(3) a hospital district;
(4) a local mental health authority, as defined in Texas Health and Safety Code §571.003;
(5) a child-care facility, as defined in Texas Human Resources Code §42.002;
(6) a county or municipality; and
(7) a nonprofit organization that is exempt from taxation under §501(a), Internal Revenue Code of 1986, as an exempt entity described in §501(c)(3) of that code.
§374.4.Application and Selection Process.
(a) Application and selection process.
(1) An applicant must submit an application for a grant directly to the Commission in the time and manner specified by the Commission.
(2) An application received after the deadline will not be considered.
(3) A panel selected by the Commission reviews and evaluates eligible, complete, and timely applications in accordance with the evaluation methodology published in the request for proposal or other notice of potential grant award issued by the Commission.
(b) Selection criteria. In selecting a grantee, the Commission must consider:
(1) the extent to which an applicant's proposed program meets the objectives established by Texas Government Code §531.09915; and
(2) other criteria established by the Commission as described in the specific request for proposal or other notice of potential grant award issued by the Commission.
(c) Award prioritization. In selecting grantees, the Commission prioritizes entities that work with children and family members of children with a high risk of experiencing a crisis or developing a mental health condition to reduce:
(1) the need for future intensive mental health services;
(2) the number of children at risk of placement in foster care or the juvenile justice system; or
(3) the demand for placement in:
(A) a state hospital, as defined in Texas Health and Safety Code §552.0011;
(B) an inpatient mental health facility, as defined in Texas Health and Safety Code §571.003; and
(C) a residential behavioral health facility.
(d) Contract execution.
(1) Grantees are required to execute a contract with the Commission on mutually agreeable terms and conditions in the manner and format prescribed by the Commission.
(2) The Commission does not distribute grant funds to a grantee before the execution of a contract with the Commission.
(3) A grantee is required under the contract to comply with:
(A) the performance objectives established by the Commission and monitored by the Commission through progress reports;
(B) any financial and reporting requirements established by the Commission;
(C) all applicable policies and procedures; and
(D) all applicable federal and state laws and their implementing regulations.
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 17, 2023.
TRD-202302569
Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: September 3, 2023
For further information, please call: (512) 705-5138