reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - SUPPORT FAMILY SERVICES AND CONTINUED FAMILY SERVICES › Division 3 - SUPPORT FAMILIES › Section 259.217 - Support Family Duties

Current through Reg. 49, No. 28; July 12, 2024
(a) A support
					 family must provide services to an individual as authorized on the individual's
					 IPC and as described on the individual's IPP, including:
(1) direct personal assistance with
					 activities of daily living;
(2)
					 assistance with meal planning and preparation;
(3) assistance with housekeeping;
(4) assistance with communication and
					 mobility;
(5) reinforcement of
					 behavioral, educational, and therapeutic activities;
(6) assistance with medications and the
					 performance of tasks delegated by an RN;
(7) supervision for the individual's safety;
(8) transportation related to
					 routine family activities; and
(9)
					 assistance with participation in community activities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 1 - ADAPTIVE AIDS › Section 259.251 - Items and Services Purchasable as an Adaptive Aid

Current through Reg. 49, No. 28; July 12, 2024
(a) The only items
					 and services that a DSA may purchase or lease as an adaptive aid are listed in
					 the
Community Living Assistance and Support Services Provider
					 Manual.
The repair and maintenance of an adaptive aid, not covered by
					 a warranty, are also purchasable as an adaptive aid.
(b) A DSA may not purchase or lease, as an
					 adaptive aid, an item or service not listed in the
Community Living
					 Assistance and Support Services Provider Manual.
(c) An adaptive aid must be the exclusive
					 property of the individual to whom it is provided.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 1 - ADAPTIVE AIDS › Section 259.253 - Authorization Limit for Adaptive Aids and Amount for Repair and Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) The maximum
					 amount HHSC approves as payment to a DSA for all adaptive aids and dental
					 treatment combined for an individual is $10,000 per IPC period, which includes
					 the cost of repair and maintenance of an adaptive aid.
(b) To request authorization for repair and
					 maintenance of an adaptive aid up to $300 per IPC period, a DSA is not required
					 to follow the process described in §259.255 of this division (relating to
					 Requirements for Authorization to Purchase an Adaptive Aid Costing Less Than
					 $500) but must include the amount requested on an individual's IPC as described
					 in §
											259.65 of this chapter (relating
					 to Development of an Enrollment IPC) or §
											259.79 of this chapter (relating
					 to Renewal and Revision of an IPC).
(c) A DSA must follow the process for
					 requesting authorization to purchase an adaptive aid described in §259.255
					 of this division if:
(1) requesting
					 authorization for repair and maintenance of an adaptive aid in an amount that
					 exceeds the $300 limit described in subsection (b) of this section; or
(2) requesting authorization for
					 repair and maintenance of an adaptive aid that is not purchased through the
					 CLASS Program but is identical to an item or service that a DSA may purchase as
					 an adaptive aid listed in the
Community Living Assistance and Support
					 Services Provider Manual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 1 - ADAPTIVE AIDS › Section 259.255 - Requirements for Authorization to Purchase an Adaptive Aid Costing Less Than $500

Current through Reg. 49, No. 28; July 12, 2024
(a) To purchase an
					 adaptive aid costing less than $500 for an individual, a CMA must:
(1) ensure that the individual's service
					 planning team completes the Request for Adaptive Aids, Medical Supplies and
					 Minor Home Modifications form described in the
Community Living
					 Assistance and Support Services Provider Manual,
evidencing its
					 agreement that the adaptive aid recommended by the appropriate licensed
					 professional is necessary;
(2) no
					 later than 14 calendar days after completing the requirement in paragraph (1)
					 of this subsection, ensure that, in accordance with Subchapter B of this
					 chapter (relating to Eligibility, Enrollment, and Review), the individual's
					 service planning team includes the recommended adaptive aid in:
(A) the individual's proposed enrollment IPC,
					 proposed renewal IPC, or proposed revised IPC, as applicable; and
(B) the individual's IPP; and
(3) no later than 14 calendar days
					 after completing the requirement described in paragraph (2) of this subsection,
					 submit to HHSC:
(A) the completed HHSC
					 Request for Adaptive Aids, Medical Supplies, and Minor Home Modifications form;
(B) the proposed enrollment IPC,
					 proposed renewal IPC, or proposed revised IPC described in paragraph (2)(A) of
					 this subsection, as applicable; and
(C) the individual's IPP described in
					 paragraph (2)(B) of this subsection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 1 - ADAPTIVE AIDS › Section 259.257 - Requirements for Authorization to Purchase an Adaptive Aid Costing $500 or More

Current through Reg. 49, No. 28; July 12, 2024
(a) To purchase an
					 adaptive aid costing $500 or more for an individual, a CMA must:
(1) ensure that the individual or LAR
					 initiates a request for the adaptive aid by completing Part A of the HHSC
					 Request for Adaptive Aids, Medical Supplies and Minor Home Modifications form
					 described in the
Community Living Assistance and Support Services
					 Provider Manual;
(2) send
					 the partially completed form to the DSA;
(3) ensure that the individual's service
					 planning team includes the cost of the specifications for the adaptive aid, as
					 described in §259.259 of this division (relating to Requirements for
					 Specifications for an Adaptive Aid), in:
(A)
					 the individual's proposed enrollment IPC, proposed renewal IPC, or proposed
					 revised IPC, as applicable; and
(B)
					 the individual's IPP; and
(4) no later than 14 calendar days after
					 completing the requirements described in paragraph (3) of this subsection,
					 submit to HHSC:
(A) the proposed enrollment
					 IPC, proposed renewal IPC, or proposed revised IPC described in paragraph
					 (3)(A) of this subsection, as applicable; and
(B) the individual's IPP described in
					 paragraph (3)(B) of this subsection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 1 - ADAPTIVE AIDS › Section 259.259 - Requirements for Specifications for an Adaptive Aid

Current through Reg. 49, No. 28; July 12, 2024
(a) If HHSC
					 approves payment for specifications for an adaptive aid costing $500 or more in
					 accordance with §259.257(c) of this division (relating to Requirements for
					 Authorization to Purchase an Adaptive Aid Costing $500 or More), a DSA must:
(1) obtain specifications from a licensed
					 professional required by HHSC for that adaptive aid, as described in the
Community Living Assistance and Support Services Provider
					 Manual;
and
(2) ensure
					 that the specifications:
(A) include a
					 complete description of the adaptive aid; and
(B) are approved, in writing, by the
					 individual or LAR and the DSA by completing the HHSC Specifications for
					 Adaptive Aids/Minor Home Modifications form described in the
Community
					 Living Assistance and Support Services Provider Manual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 1 - ADAPTIVE AIDS › Section 259.261 - Requirements for Bids of an Adaptive Aid

Current through Reg. 49, No. 28; July 12, 2024
(a) As required by
					 §259.257(e)(2)(A) of this division (relating to Requirements for
					 Authorization to Purchase an Adaptive Aid Costing $500 or More), for a
					 recommended adaptive aid costing $500 or more, a DSA must obtain comparable
					 bids for the requested adaptive aid from three vendors. Comparable bids
					 describe the adaptive aid and any associated items or modifications identified
					 in the completed HHSC Request for Adaptive Aids, Medical Supplies and Minor
					 Home Modifications form required by §259.257 of this division.
(b) A bid obtained in accordance with
					 subsection (a) of this section must include:
(1) the total cost of the requested adaptive
					 aid, which may be from a catalog, website, or brochure price list;
(2) the amount of any additional expenses
					 related to the delivery of the adaptive aid, including shipping and handling,
					 taxes, installation, and other labor charges;
(3) the date of the bid;
(4) the name, address, and telephone number
					 of the vendor, who may not be a relative of the individual;
(5) for an adaptive aid other than
					 interpreter service and specialized training for augmentative communication
					 programs, a complete description of the adaptive aid and any associated items
					 or modifications as identified in the completed HHSC Request for Adaptive Aids,
					 Medical Supplies and Minor Home Modifications form, which may include pictures
					 or other descriptive information from a catalog, website, or brochure; and
(6) for interpreter service and
					 specialized training for augmentative communication programs, the number of
					 hours of the service or training to be provided in person and the hourly rate
					 of the service.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 1 - ADAPTIVE AIDS › Section 259.263 - Time Frames for Providing Adaptive Aids to Individuals

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 provided for a medical supply described in subsection (c) of this section, for
					 an adaptive aid costing less than $500 and authorized by HHSC, a DSA must
					 ensure that an individual receives the adaptive aid no later than 14 business
					 days after one of the following dates, whichever is later:
(1) the date HHSC approves the individual's
					 proposed IPC that includes the recommended adaptive aid; or
(2) the effective date of the individual's
					 proposed IPC as determined by the service planning team.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 1 - ADAPTIVE AIDS › Section 259.265 - Cost Effective Delivery of Adaptive Aid

Current through Reg. 49, No. 28; July 12, 2024
(a) A DSA must
					 ensure that if an adaptive aid is delivered to an individual by a commercial
					 carrier, such as United Parcel Services or the United States Postal Service,
					 the most cost-effective carrier is used.
(b) A DSA may not use a commercial carrier to
					 provide overnight delivery unless it is necessary to meet the time frame for a
					 medical supply immediately needed by the individual, as described in
					 §259.263(c)(2) of this division (relating to Time Frames for Providing
					 Adaptive Aids to Individuals), and there is no other more cost-effective means
					 to deliver the adaptive aid within that time frame.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 1 - ADAPTIVE AIDS › Section 259.267 - Requirements of DSA Following Provision of Adaptive Aid

Current through Reg. 49, No. 28; July 12, 2024
(a) No later than
					 10 business days after an individual has received an adaptive aid, a DSA must
					 ensure that:
(1) the adaptive aid meets the
					 specifications required by §259.257(e)(1) of this division (relating to
					 Requirements for Authorization to Purchase an Adaptive Aid Costing $500 or
					 More); and
(2) a staff person
					 involved in purchasing the adaptive aid for the individual:
(A) contacts the individual to determine
					 whether the adaptive aid meets the needs of the individual; and
(B) documents the results of that contact on
					 the HHSC Documentation of Completion of Purchase form described in the
Community Living Assistance and Support Services Provider
					 Manual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 2 - MINOR HOME MODIFICATIONS › Section 259.271 - Items or Services Purchasable as a Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) The only items
					 or services that a DSA may purchase as a minor home modification are listed in
					 the
Community Living Assistance and Support Services Provider
					 Manual.
Except as provided by §259.285(c) of this division
					 (relating to Repair or Replacement of Minor Home Modification), the repair and
					 maintenance of a minor home modification purchased through the CLASS Program
					 needed after one year has elapsed from the date the minor home modification is
					 complete and that are not covered by a warranty are also purchasable as a minor
					 home modification.
(b) A DSA may
					 not purchase, as a minor home modification, an item or service not listed in
					 the
Community Living Assistance and Support Services Provider
					 Manual.
(c) The following
					 are examples of items and services that may not be purchased as a minor home
					 modification:
(1) general repair or
					 maintenance of a residence (for example, repairing a leaking roof, a rotten
					 porch, or termite damage; removing mold; or leveling a floor);
(2) general remodeling of a residence that
					 does not address an individual's specific needs; and
(3) an adaptation that adds square footage to
					 a residence.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 2 - MINOR HOME MODIFICATIONS › Section 259.273 - Authorization Limit for Minor Home Modifications and Amount for Repair and Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 provided in subsection (b) of this section, the maximum amount HHSC approves as
					 payment to a DSA for all minor home modifications provided to an individual is
					 $10,000 during the time period the individual is enrolled in the CLASS
					 Program.
(b) After reaching the
					 $10,000 authorization limit described in subsection (a) of this section, HHSC
					 may approve up to $300 per IPC period for repair and maintenance of minor home
					 modifications purchased through the CLASS Program needed after one year has
					 elapsed from the date the minor home modification is complete.
(c) To request authorization for repair and
					 maintenance of a minor home modification described in subsection (b) of this
					 section, a DSA is not required to follow the process set forth in §259.275
					 of this division (relating to Requirements for Authorization to Purchase a
					 Minor Home Modification) but must include the amount requested on an
					 individual's IPC, as described in §
											259.65 of this chapter (relating
					 to Development of an Enrollment IPC) or §
											259.79 of this chapter (relating
					 to Renewal and Revision of an IPC).
(d) A DSA must follow the process for
					 requesting authorization to purchase a minor home modification described in
					 §259.275 of this division if:
(1)
					 requesting authorization for repair and maintenance of a minor home
					 modification in an amount that exceeds $300; or
(2) requesting authorization for repair and
					 maintenance of a minor home modification that is not purchased through the
					 CLASS Program but is identical to an item or service that a DSA may purchase as
					 a minor home modification listed in the
Community Living Assistance and
					 Support Services Provider Manual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 2 - MINOR HOME MODIFICATIONS › Section 259.275 - Requirements for Authorization to Purchase a Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) To purchase a
					 minor home modification for an individual a CMA must:
(1) ensure that the individual or LAR
					 initiates a request for the minor home modification by completing Part A of the
					 HHSC Request for Adaptive Aids, Medical Supplies and Minor Home Modifications
					 form described in the
Community Living Assistance and Support Services
					 Provider Manual;
(2) send
					 the partially completed form to the DSA;
(3) ensure that the individual's service
					 planning team includes the cost of the specifications for the requested minor
					 home modification, as described in §259.277 of this division (relating to
					 Requirements for Specifications for a Minor Home Modification), not to exceed
					 $200, in:
(A) the individual's proposed
					 enrollment IPC, proposed renewal IPC, or proposed revised IPC, as applicable;
					 and
(B) the individual's IPP;
					 and
(4) no later than 14
					 calendar days after completing the requirement described in paragraph (3) of
					 this subsection, submit to HHSC:
(A) the
					 proposed enrollment IPC, proposed renewal IPC, or proposed revised IPC,
					 described in paragraph (3)(A) of this subsection, as applicable; and
(B) the individual's IPP described in
					 paragraph (3)(B) of this subsection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 2 - MINOR HOME MODIFICATIONS › Section 259.277 - Requirements for Specifications for a Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) If HHSC
					 approves payment for specifications for a minor home modification in accordance
					 with §259.275(b) of this division (relating to Requirements for
					 Authorization to Purchase a Minor Home Modification), a DSA must:
(1) obtain specifications from a person who
					 has experience in constructing home modifications; and
(2) ensure that the specifications:
(A) include a complete description of the
					 minor home modification and any associated installations identified in the
					 specifications;
(B) include a
					 drawing or picture of both the existing room, structure, or other area and the
					 proposed modification made to scale;
(C) comply with the Texas Accessibility
					 Standards promulgated by the Texas Department of Licensing and Regulation
					 unless:
(i) the DSA determines that it is not
					 structurally feasible to do so and the DSA documents, in writing, the basis for
					 its determination; or
(ii) the
					 individual or LAR requests, in writing, that the specifications not be in
					 compliance with the Texas Accessibility Standards; and
(D) are approved, in writing, by each member
					 of the service planning team by completing the HHSC Specifications for Adaptive
					 Aids/Minor Home Modifications form described in the Community Living Assistance
					 and Support Services Provider Manual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 2 - MINOR HOME MODIFICATIONS › Section 259.279 - Bid Requirements for a Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) As required by
					 §259.275(d)(2)(A) of this division (relating to Requirements for
					 Authorization to Purchase a Minor Home Modification), for a minor home
					 modification costing more than $1,000, a DSA must obtain comparable bids for
					 the minor home modification from three vendors. Comparable bids describe the
					 minor home modification and any associated installations identified in the
					 specifications required by §259.275(d)(1) of this division.
(b) A bid obtained in accordance with
					 subsection (a) of this section must be based on the specifications and include:
(1) an itemized list of materials and labor
					 necessary to construct the modification;
(2) the cost of each material and labor
					 listed;
(3) the date of the bid;
(4) the name, address, and
					 telephone number of the vendor;
(5)
					 a detailed explanation of the vendor's warranty for the modification, if any;
					 and
(6) a statement that the minor
					 home modification will be made in accordance with all applicable state and
					 local building codes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 2 - MINOR HOME MODIFICATIONS › Section 259.281 - Inspection of a Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) A DSA must
					 conduct an in-person inspection of the minor home modification to determine if:
(1) the minor home modification has been
					 completed;
(2) the minor home
					 modification has been made in accordance with the specifications required by
					 §259.275(d)(1) of this division (relating to Requirements for
					 Authorization to Purchase a Minor Home Modification); and
(3) the quality of workmanship of the minor
					 home modification is adequate.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 2 - MINOR HOME MODIFICATIONS › Section 259.283 - Time Frames for Completion of Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) A DSA must
					 ensure that a minor home modification is completed no later than 60 calendar
					 days after one of the following dates, whichever is later:
(1) the date HHSC approves the proposed IPC
					 that includes the cost of the minor home modification and inspection, as
					 described in §259.275(e)(2) of this division (relating to Requirements for
					 Authorization to Purchase a Minor Home Modification); or
(2) the effective date of the proposed IPC as
					 determined by the service planning team.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 2 - MINOR HOME MODIFICATIONS › Section 259.285 - Repair or Replacement of Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) The repair or
					 replacement of a minor home modification needed within one year after the date
					 the minor home modification is complete is not purchasable as a minor home
					 modification.
(b) If a minor home
					 modification requires repair or replacement within one year after the date of
					 completion, the DSA must repair or replace the minor home modification at its
					 own expense, except as provided in subsection (c) of this section.
(c) If a minor home modification requires
					 repair or replacement because the minor home modification was intentionally
					 damaged, the repair or replacement must be done at the expense of the
					 individual or LAR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 2 - MINOR HOME MODIFICATIONS › Section 259.287 - Satisfaction of Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) A DSA must
					 ensure that a staff person involved in purchasing the minor home modification
					 for the individual:
(1) visits the individual
					 to determine whether the individual and LAR is satisfied with the minor home
					 modification; and
(2) documents the
					 result of that visit on an HHSC Documentation of Completion of Purchase form
					 described in
Community Living Assistance and Support Services Provider
					 Manual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - ADAPTIVE AIDS, MINOR HOME MODIFICATIONS, AND CFC ERS › Division 3 - CFC ERS › Section 259.289 - CFC ERS

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility for
					 CFC ERS. A DSA must ensure that CFC ERS is provided only to an individual:
(1) who is not receiving SFS or CFS;
					 and
(2) who:
(A) lives alone, who is alone for significant
					 parts of the day, or has no regular caregiver for extended periods of time;
					 and
(B) would otherwise require
					 extensive routine supervision.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter G - ADDITIONAL CMA REQUIREMENTS › Section 259.301 - CMA: Compliance with Rules

Current through Reg. 49, No. 28; July 12, 2024
A CMA must comply with:
(1) this chapter;
(2) 40 TAC Chapter 49 (relating to
				  Contracting for Community Services); and
(3) 40 TAC Chapter 41 (relating to Consumer
				  Directed Services Option).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter G - ADDITIONAL CMA REQUIREMENTS › Section 259.303 - Protection of an Individual

Current through Reg. 49, No. 28; July 12, 2024
(a) A CMA must have
				  and implement written policies and procedures that safeguard an individual
				  against:
(1) infectious and communicable
				  diseases;
(2) conflicts of interest
				  with a staff person, volunteer, or controlling person of the CMA;
(3) abuse, neglect, and
				  exploitation;
(4) acts of financial
				  impropriety by a staff person, volunteer, or controlling person of the CMA;
				  and
(5) deliberate damage of
				  personal possessions by a staff person, volunteer, or controlling person of the
				  CMA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter G - ADDITIONAL CMA REQUIREMENTS › Section 259.305 - DSA Services Outside the Catchment Area

Current through Reg. 49, No. 28; July 12, 2024
(a) If a CMA is
				  notified by the DSA in accordance with §
										259.359(g)(2) of
				  this chapter (relating to DSA: Service Delivery) that an individual is
				  receiving transportation as a habilitation activity, out-of-home respite in a
				  camp, adaptive aids, nursing, or CFC PAS/HAB outside the catchment area in
				  which the individual resides, the CMA must:
(1) provide an oral explanation to the
				  individual or LAR, on or before the 35th day of the period services have been
				  provided outside the catchment area, that:
(A) the individual must do one of the
				  following before the 61st day of the period services have been provided outside
				  the catchment area to ensure the continued provision of transportation as a
				  habilitation activity, out-of-home respite in a camp, adaptive aids, nursing,
				  or CFC PAS/HAB:
(i) transfer to a DSA
				  contract for the catchment area in which the individual is receiving
				  transportation as a habilitation activity, out-of-home respite in a camp,
				  adaptive aids, nursing, or CFC PAS/HAB; or
(ii) return to the catchment area in which
				  the individual resides; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter G - ADDITIONAL CMA REQUIREMENTS › Section 259.307 - Qualifications of CMA Staff Persons

Current through Reg. 49, No. 28; July 12, 2024
(a) A CMA must have
				  a full-time or part-time program director who:
(1) manages and oversees the CMA's
				  operations, including the provision of case management services to individuals
				  enrolled with the CMA;
(2) is at
				  least 18 years of age;
(3) has:
(A) a bachelor's degree in a health and human
				  services field and two years' work experience in the delivery of services and
				  supports to persons with related conditions or similar disabilities; or
(B) one of the following:
(i) a high school diploma and four years'
				  work experience in the delivery of services and supports to persons with
				  related conditions or similar disabilities; or
(ii) a high school equivalency certificate
				  issued in accordance with the law of the issuing state and four years' work
				  experience in the delivery of services and supports to persons with related
				  conditions or similar disabilities; and
(4) is an employee of the CMA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter G - ADDITIONAL CMA REQUIREMENTS › Section 259.309 - Training of CMA Staff Persons and Volunteers

Current through Reg. 49, No. 28; July 12, 2024
(a) A CMA must
				  ensure that:
(1) a CMA staff person completes
				  training as described in the Community Living Assistance and Support Services
				  Provider Manual;
(2) a CMA staff
				  person completes training on the CLASS Program and CFC, including the
				  requirements of this chapter and the CLASS Program services and CFC services
				  described in §
											259.7 of this chapter (relating to
				  Description of the CLASS Program and CFC Option); and
(3) a case manager completes a comprehensive
				  non-introductory person-centered service planning training developed or
				  approved by HHSC within six months after the case manager's date of hire.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter G - ADDITIONAL CMA REQUIREMENTS › Section 259.311 - CMA Service Delivery

Current through Reg. 49, No. 28; July 12, 2024
(a) A CMA must
				  ensure that:
(1) a full-time case manager is
				  assigned to provide case management to no more than 50 individuals at one
				  time;
(2) a part-time case manager
				  is assigned to provide case management to no more than 25 individuals at one
				  time; and
(3) for a month in which
				  a case manager does not meet with an individual or LAR as required by §
											259.79(a) of this
				  chapter (relating to Renewal and Revision of an IPC), the case manager has an
				  in-person or telephone contact with the individual or LAR or other persons
				  acting on behalf of the individual, such as an advocate or family member, to
				  provide case management.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter G - ADDITIONAL CMA REQUIREMENTS › Section 259.313 - CMA: Documentation of Services Delivered and Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) A CMA must
				  ensure that when a case manager provides case management, the case manager:
(1) documents:
(A) the date of contact;
(B) a description of the case management
				  activity performed;
(C) the
				  progress or lack of progress in achieving goals or outcomes in the individual's
				  IPP in observable, measurable terms that directly relate to the specific goal
				  or outcomes addressed;
(D) the
				  person with whom the contact occurred; and
(E) the signature and title of the case
				  manager who provided the contact; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter G - ADDITIONAL CMA REQUIREMENTS › Section 259.315 - CMA: Quality Management Process

Current through Reg. 49, No. 28; July 12, 2024
(a) A CMA must, at
				  least annually, conduct a survey of all individuals, LARs, and actively
				  involved persons to determine their satisfaction with the provision of case
				  management.
(b) A CMA must develop
				  a written quality assurance process to evaluate and improve the quality of case
				  management provided by the CMA based, at least in part, on the results of the
				  survey required by subsection (a) of this section.
(c) At least annually, a CMA must:
(1) review all final investigative reports
				  from HHSC for an investigation described in §
											259.319(c) of
				  this subchapter (relating to CMA: Requirements Related to the Abuse, Neglect,
				  and Exploitation of an Individual) and, based on the review, identify program
				  process improvements that help prevent the occurrence of abuse, neglect, and
				  exploitation and improve the delivery of case management services; and
(2) evaluate critical incident
				  data reported in accordance with §
											259.303(h) of
				  this subchapter (relating to Protection of Individual) and identify program
				  process improvements that help prevent the occurrence of critical incidents and
				  improve service delivery.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter G - ADDITIONAL CMA REQUIREMENTS › Section 259.317 - CMA: Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual

Current through Reg. 49, No. 28; July 12, 2024
If a CMA, staff person, volunteer, or controlling person
					 of the CMA knows or suspects an individual is being or has been abused,
					 neglected, or exploited, the CMA must report or ensure that the person with
					 knowledge or suspicion reports the allegation of abuse, neglect, or
					 exploitation to DFPS immediately, but not later than 24 hours after having
					 knowledge or suspicion, by:
(1)
				  calling the DFPS Abuse Hotline toll-free telephone number, 1-800-252-5400; or
(2) using the DFPS Abuse Hotline
				  website.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter G - ADDITIONAL CMA REQUIREMENTS › Section 259.319 - CMA: Requirements Related to the Abuse, Neglect, and Exploitation of an Individual

Current through Reg. 49, No. 28; July 12, 2024
(a) If a report
				  required by §
										259.317 of this subchapter
				  (relating to CMA: Reporting Allegations of Abuse, Neglect, or Exploitation of
				  an Individual) alleges abuse, neglect, or exploitation by a person who is not a
				  staff person, volunteer, or controlling person of a CMA, the CMA must:
(1) as necessary:
(A) obtain immediate medical or psychological
				  services for the individual; and
(B) assist in obtaining ongoing medical or
				  psychological services for the individual;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter G - ADDITIONAL CMA REQUIREMENTS › Section 259.321 - CMA: Requirement for Translation

Current through Reg. 49, No. 28; July 12, 2024
If a CMA submits documentation to HHSC in accordance with
					 this chapter containing information that is not in English, the CMA must, at
					 the same time, submit a translation of the information in
					 English.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter H - ADDITIONAL DSA REQUIREMENTS › Section 259.351 - DSA: Compliance with Rules

Current through Reg. 49, No. 28; July 12, 2024
A DSA must comply with:
(1) this chapter;
(2) 26 TAC Chapter 558 (relating to Licensing
				  Standards for Home and Community Support Services Agencies);
(3) 40 TAC Chapter 49 (relating to
				  Contracting for Community Services); and
(4) 1 TAC Chapter 354, Subchapter O (relating
				  to Electronic Visit Verification).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter H - ADDITIONAL DSA REQUIREMENTS › Section 259.353 - DSA: Protection of an Individual

Current through Reg. 49, No. 28; July 12, 2024
(a) A DSA must have
				  and implement written policies and procedures that safeguard an individual
				  against:
(1) infectious and communicable
				  diseases;
(2) conflicts of interest
				  with a service provider, staff person, volunteer, or controlling person of the
				  DSA;
(3) acts of financial
				  impropriety by a service provider, staff person, volunteer, or controlling
				  person of the DSA;
(4) abuse,
				  neglect, and exploitation; and
(5)
				  deliberate damage of personal possessions by a service provider, staff person,
				  volunteer, or controlling person of the DSA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter H - ADDITIONAL DSA REQUIREMENTS › Section 259.355 - Qualifications of DSA Staff Persons

Current through Reg. 49, No. 28; July 12, 2024
(a) A DSA must
				  ensure that a staff person meets the requirements of this section.
(b) A service provider for a direct service
				  must meet the qualifications in this subsection and in subsection (d) of this
				  section.
(1) A service provider for a direct
				  service:
(A) must be at least 18 years of age;
				  and
(B) except as provided by
				  paragraphs (2) and (3) of this subsection, may not be a relative or guardian of
				  the individual to whom the service provider is providing the direct
				  service.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter H - ADDITIONAL DSA REQUIREMENTS › Section 259.357 - Training of DSA Staff Persons, Service Providers, and Volunteers

Current through Reg. 49, No. 28; July 12, 2024
(a) A DSA must
				  ensure that:
(1) a DSA staff person who has
				  direct contact with an individual completes training described in the Community
				  Living Assistance and Support Services Provider Manual; and
(2) a DSA staff person whose duties include
				  participating as a member of a service planning team completes HHSC's web-based
				  Introductory Training within six months after assuming this duty.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter H - ADDITIONAL DSA REQUIREMENTS › Section 259.359 - DSA: Service Delivery

Current through Reg. 49, No. 28; July 12, 2024
(a) A DSA must
				  ensure that:
(1) CLASS Program services and
				  CFC services, other than CFC support management, are provided to an individual
				  in accordance with:
(A) the individual's IPC;
(B) the individual's IPP for that
				  service;
(C) the PAS/HAB plan, if
				  applicable; and
(D) for CLASS
				  Program services, Appendix C of the CLASS waiver application approved by CMS
				  and available on the HHSC website;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter H - ADDITIONAL DSA REQUIREMENTS › Section 259.360 - Providing Physical Therapy, Occupational Therapy, and Speech and Language Pathology as a Telehealth Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  described in subsection (c) of this section, a service provider of physical
				  therapy, occupational therapy, or speech and language pathology may provide
				  physical therapy, occupational therapy, or speech and language pathology to an
				  individual as a telehealth service.
(b) If a service provider of physical
				  therapy, occupational therapy, or speech and language pathology provides
				  physical therapy, occupational therapy, or speech and language pathology to an
				  individual as a telehealth service, a DSA must ensure that the service
				  provider:
(1) uses a synchronous audio-visual
				  platform to interact with the individual, supplemented with or without
				  asynchronous store and forward technology;
(2) does not use an audio-only platform to
				  provide the service; and
(3) before
				  providing the telehealth service:
(A) obtains
				  the written informed consent of the individual or LAR to provide the service;
				  or
(B) obtains the individual or
				  LAR's oral consent to receive the telehealth service and document's the oral
				  consent in the individual's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter H - ADDITIONAL DSA REQUIREMENTS › Section 259.361 - Respite and Dental Treatment

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  may receive a maximum of 30 days of in-home and out-of-home respite combined,
				  during an IPC period.
(b) A DSA
				  must ensure that:
(1) in-home respite is
				  provided in the individual's residence or the residence of a relative or friend
				  that is not one of the settings listed in paragraph (2) of this subsection;
(2) out-of-home respite is
				  provided in one of the following settings:
(A) an agency foster home;
(B) a nursing facility;
(C) an ICF/IID;
(D) an approved outdoor camp accredited by
				  the American Camping Association;
(E) the residence of another person receiving
				  a Medicaid waiver service; or
(F)
				  an ALF; and
(3) the
				  setting in which out-of-home respite is provided is:
(A) acceptable to the individual or LAR; and
(B) an accessible, safe, and
				  comfortable environment for the individual and promotes the individual's health
				  and welfare.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter H - ADDITIONAL DSA REQUIREMENTS › Section 259.363 - DSA: Documentation of Services Delivered and Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) A DSA must
				  ensure that for each direct service provided, except adaptive aids, dental
				  treatment, minor home modifications, CFC ERS, CFC support management, and a
				  direct service that is documented through an electronic visit verification
				  system, as listed in 1 TAC §
										354.4005(b)
				  (relating to Applicability), a service provider:
(1) documents:
(A) the type of service provided;
(B) the date and the time the service begins
				  and ends;
(C) the type of contact
				  (phone or in-person);
(D) the name
				  of the person with whom the contact occurred;
(E) a description of the activity performed,
				  unless the activity is a non-delegated task provided by an unlicensed service
				  provider that is documented on an IPP;
(F) the signature and title of the service
				  provider; and
(G) the progress or
				  lack of progress in achieving a goal or outcome in the individual's IPP in
				  observable, measurable terms that directly relate to the specific goal or
				  outcome; and