PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 374. MENTAL HEALTH EARLY INTERVENTION AND TREATMENT GRANT
The Texas Health and Human Services Commission (HHSC) adopts 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.
New §374.2 is adopted with changes to the proposed text as published in the August 4, 2023, issue of the Texas Register (48 TexReg 4240). This rule will be republished. Sections 374.1, 374.3, and 374.4 are adopted without changes to the proposed text as published in the August 4, 2023, issue of the Texas Register (48 TexReg 4240). These rules will not be republished.
BACKGROUND AND JUSTIFICATION
The new sections are 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. The adopted rules establish the application and eligibility requirements for an entity to be awarded a grant.
COMMENTS
The 31-day comment period ended September 5, 2023.
During this period, HHSC received comments regarding the proposed rules from six commenters, including TexProtects, Meadows Mental Health Policy Institute, Texas Network of Youth Services, Texas Coalition for Healthy Minds, Texas Council of Community Centers, and Texas Alliance of Child and Family Services. A summary of comments relating to the rules and HHSC's responses follows.
Comment: All commenters recommended changing or removing the definition of "children" in §374.2 to define children as "individuals who are younger than 18 years of age".
Response: HHSC agrees with the recommended rule change and revised the definition of "children" in §374.2(2) from "individuals who are younger than 13 years of age" to "individuals who are younger than 18 years of age". In addition, HHSC also revised §374.2(4) to remove the phrase "and young people" after "children" to avoid confusion and duplication with the new definition of "children".
STATUTORY AUTHORITY
The new sections are adopted under 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.
§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 18 years of age.
(3) Commission--The Health and Human Services Commission.
(4) Early intervention--Services to identify and provide effective early support to children who are at risk of poor outcomes.
(5) Grantee--A recipient of a grant awarded under this chapter.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on October 9, 2023.
TRD-202303764
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: November 1, 2023
Proposal publication date: August 4, 2023
For further information, please call: (512) 705-5138