(a) Use of grant funds. A grant recipient uses grant funds awarded under this chapter:
  (1) to purchase equipment necessary for implementing telemedicine medical services;
  (2) to modernize the facility's information technology infrastructure and secure information technology support to ensure an uninterrupted two-way video signal that is compliant with the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191), as referenced in Texas Government Code, §541.003;
  (3) to pay a contracted pediatric tele-specialty provider for telemedicine medical services; or
  (4) to pay for other activities, services, supplies, facilities, resources, and equipment that HHSC determines necessary for the grant recipient to use telemedicine medical services.
(b) Role of HHSC. HHSC will administer funding in the form of grants to an eligible nonurban health care facility.
(c) Grant eligibility requirements. To be eligible for a grant under this chapter, a nonurban health care facility must:
  (1) have a quality assurance program that measures the compliance of the facility's health care providers with the facility's medical protocols;
  (2) have at least one full-time equivalent physician, on staff, who has training and experience in pediatrics and one person who is responsible for ongoing nursery and neonatal support and care;
  (3) have a designated neonatal intensive care unit or an emergency department;
  (4) have a commitment to obtaining neonatal or pediatric education from a tertiary facility to expand the facility's depth and breadth of telemedicine medical service capabilities; and
  (5) have the capability of maintaining records and producing reports that measure the effectiveness of a grant received by the facility under this chapter.
(d) Role of the stakeholder workgroup. HHSC may establish a stakeholder workgroup to assist HHSC:
  (1) in developing, implementing, and evaluating the Grant Program; and
  (2) in preparing a report on the results and outcomes of the grants awarded under this chapter.
(e) Stakeholder workgroup member compensation. A stakeholder workgroup member is not entitled to any form of compensation for serving on the workgroup and may not be reimbursed for travel or other expenses incurred while conducting the business of the workgroup.
(f) Compliance. A grant recipient must comply with:
  (1) the requirements described in this chapter; and
  (2) all other applicable state and federal laws, rules, regulations, policies, and guidelines.
(g) Program evaluation. HHSC evaluates the use of grant funds based on criteria as defined by HHSC.
(h) Grant funding distribution. HHSC distributes funding on a schedule defined by HHSC.
(i) Reporting responsibilities and protocol. No later than December 1 of each even-numbered year, HHSC reports the results and outcomes of grants awarded under this chapter to the Governor and members of the Legislature. The report is comprised of information provided by the grant recipient as defined by HHSC.
(j) Audits. A grant recipient is subject to audit and recovery of grant funds by the HHSC Office of the Inspector General, as provided in 1 TAC, §371.11 (relating to Scope).

Source Note: The provisions of this §280.5 adopted to be effective March 15, 2021, 46 TexReg 1645