Revision 22-4; Effective Sept. 16, 2022

Maintaining Clinic Information on 2-1-1   
Grantees must maintain current and correct clinic information on 211Texas.org for all locations providing services. Grantees will use the Add or Edit Your 2-1-1 Listing link found at the top of the webpage to make any changes to their clinic location information listings. The information that grantees shall maintain in their 2-1-1 listings includes, but is not limited to, clinic phone number, location, hours of operation and services provided.

3110 Client Access

Revision 23-2; Effective Sept. 15, 2023

Grantees must observe all Texas Health and Human Services (HHS) policies and federal and state civil rights laws and treat clients and the public with dignity and respect. The grantee must ensure that clients are provided services in a timely and non-discriminatory manner. The grantee must:

• have a policy in place that delineates the timely provision of services;
• have policies in place to identify and eliminate possible barriers to client care;
• comply with all applicable civil rights laws and regulations including Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) of 1990, the Age Discrimination Act of 1975, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, and ensure services are accessible to persons with Limited English Proficiency (LEP) and speech or sensory impairments;
• have a policy in place that requires qualified staff to assess and prioritize client needs;
• provide referral resources for individuals who cannot be served or cannot receive a specific needed service;
• manage funds to ensure that established clients continue to receive services throughout the budget year, even after allocated funds are expended;
• ensure that services are provided to clients in a timely manner, preferably within 30 days of the request for services. Clients who request contraception but cannot be immediately provided a clinical appointment must be offered a nonprescription method;
• ensure clinic or reception room wait times are reasonable and do not present a barrier to care; and
• display appropriate exterior signage that identifies the entity as a healthcare facility.

3120 Important Information for Former Military Service Members

Revision 23-2; Effective Sept. 15, 2023

Women and men who served in any branch of the United States Armed Forces, including Army, Navy, Marines, Air Force, Coast Guard, Reserves or National Guard, may be eligible for additional benefits and services. For more information, visit the Texas Veterans Portal.

Revision 23-2; Effective Sept. 15, 2023

HHSC grantees must obey state laws governing the reporting of suspected abuse and neglect of children, adults with disabilities, or individuals 65 years or older. The Texas Human Resources Code, Chapter 48, requires that suspected abuse, neglect or exploitation of an elderly person, a person with a disability or an individual receiving services from certain home and community-based providers be reported. Grantees must have an agency policy regarding abuse and neglect.

To report abuse or neglect, call the Texas Abuse Hotline at 800-252-5400 or use the secure Texas Abuse Hotline website. For cases that pose an imminent threat or danger to an individual, call 9-1-1 or any local or state law enforcement agency. 
 

3210 Child Abuse Reporting, Compliance and Monitoring

Revision 23-2; Effective Sept. 15, 2023

Grantees are required to develop policies and procedures that comply with the child abuse reporting guidelines and requirements set forth in Chapter 261 of the Texas Family Code.

Grantees must develop an internal policy specific to:

• determining, documenting, reporting, and tracking instances of abuse, sexual or non-sexual, for all individuals age 17 and younger  in compliance with Texas Family Code, Chapter 261; and
• annual staff training requirement, including how staff will be trained.

Additional information for abuse reporting is available at Texas Department of Family and Protective Services.

3220 Human Trafficking

Revision 23-2; Effective Sept. 15, 2023

HHSC mandates that grantees comply with state laws governing the reporting of abuse and neglect. Additionally, as part of the requirement that grantees comply with all applicable federal laws, grantees must comply with the federal anti-trafficking laws, including the Trafficking Victims Protection Act of 2000 (22 USC Section 7101, et seq.).

Grantees must have a written policy on human trafficking which includes the provision of annual staff training.

References for human trafficking policy development:

• Texas Human Trafficking Resource Center website
• Human trafficking into and within the United States: A review of the literature on human trafficking in the U.S.
• Polaris Project website
• Rescue and Restore Campaign
• Human Trafficking Resources – Office of Planning, Research & Evaluation
• Identify and Assist a Trafficking Victim – U.S. Department of State

3230 Domestic and Intimate Partner Violence

Revision 23-2; Effective Sept. 15, 2023

Intimate partner violence (IPV) describes physical, sexual or psychological harm by a current or former partner or spouse. This type of violence can occur among heterosexual or same-sex couples and does not require sexual intimacy. 
Grantees must have a written policy related to assessment and prevention of domestic and intimate partner violence, including the provision of annual staff training.

Additional information on intimate partner violence can be found on the CDC website. 
 

Revision 23-2; Effective Sept. 15, 2023

All contracting agencies must comply with the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA)  established standards for protection of client privacy.

Grantees must ensure that all employees and volunteers receive training about client confidentiality during orientation and be made aware that violation of the law regarding confidentiality may result in civil damages and criminal penalties. All employees, volunteers, subgrantees, board members and advisory board members must sign a confidentiality statement during orientation.

The client’s preferred method of follow-up to clinic services (cell phone, email, work phone or text) and preferred language must be documented in the client’s record.

Each client must receive verbal assurance of confidentiality and an explanation of what confidentiality means (kept private and not shared without permission) and any applicable exceptions such as abuse reporting.

3310 Minors and Confidentiality

Revision 23-2; Effective Sept. 15, 2023

Except as permitted by law, a provider is legally required to maintain the confidentiality of care provided to a minor. Confidential care does not apply when the law requires parental notification or consent, or when the law requires the provider to report health information such as in the cases of contagious disease or abuse. The definition of privacy is the ability of the individual to maintain information in a protected way. Confidentiality in health care is the obligation of the health care provider not to disclose protected information. While confidentiality is implicit in maintaining a patient's privacy, confidentiality between provider and patient is not an absolute right.

The HIPAA privacy rule requires a covered entity to treat a “personal representative” the same as the individual with respect to use and disclosure of the individual’s protected health information. In most cases, parents are the personal representatives for their minor children, and they can exercise individual rights, such as access to medical records, on behalf of their minor children (45 Code of Federal Regulations Section 164.502(g)).

For more information, see Adolescent Health – A Guide for Providers.

3320 Nondiscrimination and Limited English Proficiency (LEP)

Revision 23-2; Effective Sept 15, 2023

As outlined in the HHSC Uniform Terms and Conditions – Grant Version 2.16, HHSC grantees must comply with state and federal anti-discrimination laws, including but not limited to:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. Section 2000d et seq.)
• Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794)
• Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.)
• Age Discrimination Act of 1975 (42 U.S.C. Sections 6101-6107)
• Title IX of the Education Amendments of 1972 (20 U.S.C. Sections 1681 et seq.)
• Administrative rules for HHS agencies, as set forth in the Texas Administrative Code (TAC), Title 1, Part 15, Chapter 395, Subchapter B.

More information about nondiscrimination laws and regulations can be found on the HHSC Civil Rights Office page.

Grantees that provide direct services to clients must display certain HHS posters related to civil rights. The posters should be displayed in areas where clients and the public can easily see them, such as lobbies, waiting rooms, front reception desks and locations where people apply for and receive HHS services. The following posters are required: 

• Americans with Disabilities Act 
• Know Your Rights – Clients and Applicants
• Need a Sign Language Interpreter? 
• Need an Interpreter?

3330 Termination of Services

Revision 23-2; Effective Sept. 15, 2023

Never deny a qualifying person services due to an inability to pay.

Grantees have the right to terminate services to a client if:

• the client is disruptive, unruly, threatening or uncooperative to the extent that the client seriously impairs the grantee’s ability to effectively and safely provide services; or
• if the client’s behavior jeopardizes their own safety, clinic staff or others.  

A person has the right to appeal the denial, modification, suspension or termination of services. See Appeals, in the PHC rules Title 26, Part 1, Chapter 364.

If an aggrieved client requests a hearing, a grantee shall not terminate services to the client until a final decision is rendered by HHSC. 

Any policy related to termination of services must be included in the grantee’s policy manual.

3340 Resolution of Complaints

Revision 23-2; Effective Sept. 15, 2023

Grantees must ensure that clients can express concerns about care received and to further ensure that those complaints are handled in a consistent manner. Grantees’ policy and procedure manuals must explain the process clients may follow if they are not satisfied with the care received.

If a client remains unsatisfied with how the complaint was handled, they can appeal by email to the HHSC PHC Office, or mail PO Box 149030, Austin Tx 78714-9947. More information may be needed.

If a client requests an appeal or hearing, a grantee shall not terminate services to the client until a final decision is rendered by HHSC. Any client complaint must be documented in the client’s record.

3350 Research (Human Subject Clearance)

Revision 23-2; Effective Sept. 15, 2023

Grantees considering clinical or sociological research using PHC Services Program funded clients as subjects must obtain prior approval from their own internal Institutional Review Board (IRB) and HHSC.

The grantee must have a policy in place that indicates that prior approval will be obtained from the HHSC PHC Program, as well as the IRB, prior to instituting any research activities. The grantee must also ensure that all staff are made aware of this policy through staff training. Documentation of training on this topic must be maintained.

Revision 23-2; Effective Sept. 15, 2023

HHSC grantees must have an organized and secure client record system. The grantee must ensure that records are organized, readily accessible and available to clients upon request with a signed release of information. Records must be kept confidential and secure, as follows:

• safeguarded against loss and use by unauthorized persons;
• secured by lock when not in use or inaccessible to unauthorized persons; and
• maintained in a secure environment in the facility, as well as during transfer between clinics and in between home and office visits.

Written consent is required for the release of personally identifiable information, except as may be necessary to provide services to the client or as required by law, with appropriate safeguards for confidentiality. If the client is 17 years old or younger, the client’s parent, managing conservator or guardian, as authorized by Chapter 32 of the Texas Family Code or by federal law or regulations, must authorize the release. HIV information should be handled according to law.

When information is requested, grantees should release only the specific information requested. Information collected for reporting purposes may only be disclosed in summary, statistically or in a format that does not identify individuals. Upon request, clients transferring to other providers must be provided with a copy or summary of their record to expedite continuity of care. 

Grantees and subgrantees must maintain for the time specified by HHSC all records pertaining to client services, contracts and payments. Grantees must follow contract provisions, maintain medical records for at least seven years after the close of the contract and follow the retention standards of the appropriate licensing entity. All records relating to services must be accessible for examination at any reasonable time to representatives of HHSC and as required by law.

Revision 23-2; Effective Sept. 15, 2023

Grantees must develop and maintain personnel policies and procedures to ensure clinical staff are hired, trained and evaluated appropriately to their job position. Contracted staff must also be trained and evaluated according to their responsibilities. Job descriptions, including those for contracted personnel, must specify required qualifications and licensure. It is recommended that grantees follow the Advisory Committee on Immunization Practices (ACIP) for immunization of healthcare workers. All staff must be appropriately identified with a name badge. Personnel policies and procedures must include:

• job descriptions, including those for contracted personnel;
• a written orientation plan for new staff to include skills evaluation and competencies appropriate for the position; and
• a performance evaluation process for all staff.

Grantees must show evidence that employees meet all required qualifications and are provided annual training. Job evaluations should include observation of staff and client interactions during clinical, counseling and educational services.

Grantees shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. All employees and board members must complete a conflict-of-interest statement during orientation. All medical care must be provided under the supervision, direction and responsibility of a qualified medical director. All dental services must be provided under the supervision, direction and responsibility of a qualified licensed dentist.

The PHC medical director for the clinic must be a licensed Texas physician and the PHC dental director for the clinic must be a U.S. licensed dentist.

Grantees must have a documented plan for organized staff development. There must be an assessment of:

• training needs;
• quality assurance indicators; and
• changing regulations and requirements.

Staff development must include orientation and in-service training for all personnel and volunteers. Nonprofit entities must provide orientation for board members and government entities must provide orientation for their advisory committees. Employee orientation and continuing education must be documented in agency personnel files.

Revision 23-2; Effective Sept. 15, 2023

HHSC grantees are required to always maintain a safe environment. Grantees must provide clean and well-maintained facilities where services can be delivered with space for exam rooms, client intake, waiting areas, and space for clinical and administrative staff. Clinic sites must be geographically close to the target population(s) it intends to serve. Grantees must have written policies and procedures that address the forementioned requirements, and include a policy that discusses hazardous materials, fire safety and medical equipment.

3610 Hazardous Materials

Revision 23-2; Effective Sept. 15, 2023

Grantees must have written policies and procedures that address:

• the handling, storage and disposal of hazardous materials and waste, according to applicable laws and regulations;
• the handling, storage and disposal of chemical and infectious waste, including sharps; and
• an orientation and education program for personnel who manage or have contact with hazardous materials and waste.

3620 Fire Safety

Revision 23-2; Effective Sept. 15, 2023

Grantees must have a written fire safety policy that includes a schedule for testing and maintenance of fire safety equipment. Evacuation plans for the premises must be clearly posted and visible to all staff and clients.

3630 Medical Equipment

Revision 23-2; Effective Sept. 15, 2023

Grantees must have a written policy and maintain documentation of the maintenance, testing and inspection of medical equipment, including an Automated External Defibrillator (AED). Documentation must include:

• assessments of the clinical and physical risks of equipment through inspection, testing and maintenance;
• reports of any equipment management problems, failures and use errors;
• an orientation and education program for personnel who use medical equipment; and
• manufacturer recommendations for the care and use of medical equipment.

3640 Radiology Equipment and Standards

Revision 23-2; Effective Sept. 15, 2023

All facilities providing radiology services, including dental X-rays, must:

• possess a current Certificate of Registration from the Texas Department of State Health Services Radiation Control Program;
• have operating and safety procedures, as required by Title 25 Texas Administrative Code, Chapter 289, Texas Regulations for Control of Radiation; and
• post Notice to Employees, Texas Regulations for Control of Radiation.

For information on X-ray machine registration, see the Texas Department of State Health Services, Radiation Control Program. 
 

3645 Laboratory Standards

Revision 23-2; Effective Sept. 15, 2023

All facilities providing laboratory services must possess a current Clinical Laboratory Improvement Amendments (CLIA) Certificate of Waiver. CLIA requires that any facility examining human specimens for diagnosis, prevention, treatment of a disease, or for assessment of health must register with the federal Centers for Medicare & Medicaid Services (CMS) and obtain CLIA certification.

3650 Smoking Ban

Revision 23-2; Effective Sept. 15, 2023

Grantees must have written policies that prohibit smoking in any portion of their indoor facilities. If a grantee subcontracts with another entity for the provision of health services, the subgrantee must also comply with this policy.

Revision 23-2; Effective Sept. 15, 2023

3710 Clinical Emergencies

Revision 23-2; Effective Sept. 15, 2023

Grantees must be adequately prepared to handle clinical emergency situations, as follows:

• There must be a written plan for the management of on-site medical emergencies, emergencies requiring ambulance services and hospital admission.
• Each site must have staff trained in basic cardiopulmonary resuscitation (CPR) and emergency medical action. Staff trained in CPR must be present during all hours of clinic operations.
• There must be written protocols to address vasovagal reactions, anaphylaxis, syncope, cardiac arrest, shock, hemorrhage and respiratory difficulties.
• Each site must maintain emergency resuscitative drugs, supplies, and equipment appropriate to the services provided at that site and appropriately trained staff when clients are present.
• Documentation must be maintained in personnel files that staff have been trained regarding these written plans or protocols.

Dental Emergency Responsiveness

The dental office or clinic must have a written emergency plan that includes criteria for management of emergencies. The plan must be reviewed annually and as needed. Requirements for emergencies can be found at the Texas State Board of Dental Examiners website and in the Texas rule for Minimum Standard of Care.
 

3720 Emergency Preparedness

Revision 23-2; Effective Sept. 15, 2023

There must be a written safety plan that includes maintenance of fire safety equipment, an emergency evacuation plan and a disaster response plan.

Disaster Response Plan

Grantees must have written Disaster Response plans that address how staff must respond to emergency situations (i.e., fires, flooding, power outage, bomb threats, etc.). The disaster plan must identify the procedures and processes that will be initiated during a disaster and the staff (positions) responsible for each activity. A disaster response plan must be in writing, formally communicated to staff and kept in the workplace available to employees for review. For an employer with 10 or fewer employees, the plan may be communicated orally to employees.

For additional resources on facilities and equipment, see the Occupational Safety and Health Administration website.

Revision 23-2; Effective Sept. 15, 2023

Grantees must use internal Quality Assurance/Quality Improvement (QA/QI) systems and processes to monitor PHC services. Grantees must have a Quality Management (QM) program individualized to their organizational structure and based on the services provided. The goals of the quality program should ensure availability and accessibility of services, quality and continuity of care.

Grantees should integrate QM concepts and methodologies into the structure of the organization and day-to-day operations.

Grantees are expected to develop quality processes based on four core QM principles that focus on:

• the client;
• systems and processes;
• measurement; and
• teamwork.

The QM program must be developed and implemented in such a way that provides for ongoing evaluation of services. Grantees should have a comprehensive plan for the internal review, measurement and evaluation of services, the analysis of monitoring data, and the development of strategies for improvement and sustainability.

Grantees who subcontract for the provision of services must also address how quality will be evaluated and how compliance with HHSC policies and basic standards will be assessed with  subgrantees.

The QM Committee, whose membership consists of key leadership of the organization, including the executive director or CEO, medical director, dental director and other appropriate staff, where applicable, annually reviews and approves the quality work plan for the organization.

The QM Committee must meet at least quarterly to:

• receive reports of monitoring activities;
• make decisions based on the analysis of data collected;
• determine quality improvement actions to be implemented; and
• reassess outcomes and goal achievement.

Minutes of the discussion and actions taken by the committee and a list of the attendees must be maintained.

The comprehensive quality work plan, at a minimum, must:

• be reviewed annually;
• include clinical and administrative standards by which services will be monitored;
• include a process for credentialing and peer review of clinicians;
• identify individuals responsible for implementing monitoring, evaluating and reporting;
• establish timelines for QM activities;
• identify tools and forms to be used; and
• outline reporting to the QM Committee.

Although each organization’s QM program is unique, the following activities must be undertaken by all agencies providing client services:

• ongoing eligibility, billing and clinical record reviews to ensure compliance with program requirements and clinical standards of care;
• utilization review;
• client satisfaction surveys;
• annual review of facilities to maintain a safe environment, including an emergency safety plan;
• annual review and update of all prescriptive authority agreements (PAAs) for mid-level providers;
• annual review of all standing delegation orders (SDOs) and clinical protocols; and
• annual review of all policies and forms.
• defining, reporting, tracking and follow-up of adverse outcomes;
• annual performance evaluations to include primary license verification, valid Drug Enforcement Agency (DEA) number, as applicable, and other required licenses or certifications.

The review or revision date must be clearly noted on each policy, form, agreement, order, etc. used.

HHSC grantees who subcontract for the provision of services must also address how quality will be evaluated and how compliance with policies and basic standards will be assessed with the subcontracting entities, including:

• annual license verification (primary source verification);
• clinical record review;
• eligibility and billing review;
• on-site facility review;
• annual client satisfaction evaluation process; and
• compliance with all Abuse and Neglect, and Civil Rights requirements. 

Data from these activities must be presented to the QM Committee. Plans to improve quality should result from the data analysis and reports considered by the committee and should be documented.