reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter E - CONSUMER RIGHTS › Section 357.501 - Rights of Consumers

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				  with applicable legal provisions, DARS does not, directly or through
				  contractual or other arrangements, exclude, deny benefits to, limit the
				  participation of, or otherwise discriminate against any individual on the basis
				  of age, color, disability, national origin, political belief, race, religion,
				  sex, or sexual orientation. For the purposes of receiving independent living
				  services, the consumer must have a significant disability; however, that
				  requirement is not considered discrimination against any individual on the
				  basis of disability.
(b) The
				  service provider notifies the consumer in writing about the rights included in
				  subsection (a) of this section; § 357.503 of this chapter (relating to
				  Complaint Process); and § 357.401 of this chapter (relating to Consumer
				  Participation System):
(1) when a consumer
				  applies for services;
(2) when the
				  service provider determines that a consumer is ineligible for services;
				  and
(3) when the service provider
				  intends to terminate services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter E - CONSUMER RIGHTS › Section 357.503 - Complaint Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Filing a
				  complaint with DARS through the Health and Human Services Commission Office of
				  Ombudsman.
(1) A consumer may file a
				  complaint with DARS alleging that a requirement of independent living services
				  was violated. A complaint may be filed directly with DARS without having been
				  filed with the service provider.
(2) A complaint may be filed by:
(A) mail to DARS: Texas Health and Human
				  Services Commission, Office of the Ombudsman, MC H-700, P.O. Box 13247, Austin,
				  Texas 78711-3247;
(B) phone:
				  1-877-787-8999 or Relay Texas for people with a hearing or speech disability:
				  7-1-1 or 1-800-735-2989;
(C) fax:
				  1-888-780-8099; or
(D) online:
				  http://www.hhsc.state.tx.us/ombudsman/contact.shtml
(3) More information regarding the complaint
				  process may be obtained by calling the Office of the Ombudsman at
				  1-877-787-8999 or Relay Texas for people with a hearing or speech disability:
				  7-1-1 or 1-800-735-2989.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter F - TECHNICAL ASSISTANCE AND TRAINING › Section 357.601 - Administering Agency's Role in Providing Technical Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS gives the service provider technical
				  assistance, as needed, to help the service provider offer a full range of
				  independent living services.
(b)
				  Technical assistance may include:
(1) help to
				  expand a service provider's capacity to provide a full range of independent
				  living services; and
(2) training
				  on:
(A) the independent living philosophy;
				  and
(B) the administration,
				  operation, evaluation, and performance of independent living services according
				  to the rules in this chapter, the standards, and the contract
				  requirements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 357 - INDEPENDENT LIVING SERVICES › Subchapter G - REFERRALS › Section 357.701 - Expectations of Administering Agency's Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals seeking independent living
				  services are referred to the local service provider.
(b) If an individual calls DARS to request
				  independent living services, DARS:
(1) gives
				  the individual the contact information for the service provider;
(2) obtains the individual's permission to
				  forward the individual's name and contact information to the service provider;
				  and
(3) forwards the individual's
				  name and contact information.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter A - GENERAL RULES › Section 358.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the Texas Health and Human Services
					 Commission (HHSC) Children's Autism Program is to provide autism services to
					 children 3 through 15 years of age with an autism spectrum disorder. Services
					 are provided through grant contracts with local community agencies and
					 organizations utilizing Applied Behavior Analysis (ABA) or other treatment
					 approaches. HHSC is authorized to implement the program only to the extent that
					 funds are appropriated by the Texas Legislature.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter A - GENERAL RULES › Section 358.103 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The following statutes authorize the funding and rules for
					 this program:
(1) Texas Human
				  Resources Code, §
										111.051;
(2) Texas Human Resources Code, Chapter 117;
				  and
(3) Texas Government Code,
				  §
										531.0055.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter A - GENERAL RULES › Section 358.105 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Adjusted gross
				  income--The gross income of the family, as defined in this section, minus
				  allowable deductions. Adjusted gross income is used to determine the amount of
				  the monthly financial contribution required by a family.
(2) Allowable deductions--Expenses that are
				  not reimbursed by other sources. Allowable deductions are limited to:
(A) the actual medical or dental expenses of
				  the parent or dependent that are primarily related to alleviating or preventing
				  a physical or mental defect or illness, were paid over the previous 12 months,
				  are expected to continue during the eligibility period, and are limited to the
				  cost of:
(i) diagnosis, cure, alleviation,
				  treatment, or prevention of disease;
(ii) treatment of any affected body part or
				  function;
(iii) legal medical
				  services delivered by physicians, surgeons, dentists, and other medical
				  practitioners;
(iv) medication,
				  medical supplies, and diagnostic devices;
(v) premiums paid for insurance that covers
				  the expenses of medical or dental care;
(vi) transportation to receive medical or
				  dental care; and
(vii) medical or
				  dental debt that is being paid on an established payment plan;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter C - DARS FOCUSED ABA SERVICES › Section 358.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide information
					 regarding HHSC Focused ABA services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter C - DARS FOCUSED ABA SERVICES › Section 358.307 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for HHSC Focused ABA
				  services, a child must:
(1) be a Texas
				  resident as defined in § 358.105 of this chapter (relating to
				  Definitions);
(2) have a documented
				  diagnosis on the autism spectrum made by a qualified professional;
				  and
(3) be 3 through 15 years of
				  age.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter C - DARS FOCUSED ABA SERVICES › Section 358.309 - Enrollment

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor must:
(1) enroll eligible children in HHSC Focused
				  ABA services in accordance with the eligibility criteria in § 358.307 of
				  this subchapter (relating to Eligibility);
(2) provide written information to families
				  regarding the estimated maximum monthly cost of service and the estimated
				  amount of cost share that will be required for payment of services based on the
				  fee schedule and any applicable insurance deductible, co-insurance and co-pay
				  described in Subchapter F of this chapter (relating to Cost Share);
(3) verify benefits for all children
				  identified with potential third-party payer coverage for services provided in
				  the Autism Program and maintain related documentation on file; and
(4) provide written notification of rights of
				  the child and parents or guardians noted in Subchapter E of this chapter
				  (relating to Autism Program Rights).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter C - DARS FOCUSED ABA SERVICES › Section 358.311 - Services Provided

Current through Reg. 49, No. 28; July 12, 2024
The contractor must:
(1) develop a written treatment plan with the
				  family for each child served, including plans for generalization of learned
				  skills and behaviors to other environments;
(2) provide and document parent training as a
				  component of the services. Documentation must include:
(A) the date of the training;
(B) the names of those who participated in
				  the training; and
(C) any
				  information that was discussed and shared by the contractor;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter C - DARS FOCUSED ABA SERVICES › Section 358.313 - Length of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The length
				  of services for a child is based on the child's specific needs but must not
				  exceed a maximum of 24 months in the HHSC Children's Autism Program in any
				  combination of Comprehensive or Focused ABA services.
(b) The contractor may provide up to 720
				  total hours of HHSC Focused ABA services to a child as long as the child meets
				  the eligibility requirements in § 358.307 of this chapter (relating to
				  Eligibility). The contractor may not exceed 180 hours within a year of the
				  first date of service..
(c) The
				  time-limited services are not affected by any modifications in the contract
				  between HHSC and the contractors, or a change in the contractor.
(d) HHSC Focused ABA services end
				  when
(e) Service limits have been
				  reached when the child:
(1) has received 180
				  hours of services in a year;
(2)
				  has received 720 hours before his or her 16th birthday; or
(3) reaches his or her 16th
				  birthday.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter C - DARS FOCUSED ABA SERVICES › Section 358.315 - Participation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The child
				  must attend at least 85 percent of scheduled HHSC Focused ABA services over the
				  year . This is necessary for the child to fully benefit from the services,
				  regardless of the reason for the absence.
(b) Participation in parent training, a
				  minimum of once every two weeks as defined in § 358.105(23) of this
				  chapter (relating to Definitions), is required for a child to receive
				  services.
(c) The parent and the
				  child must participate in pre-test protocols upon enrollment into HHSC Focused
				  ABA services. The parent and the child must participate in post-test protocols
				  before exiting HHSC Focused ABA services.
(d) If the parent and the child fail to meet
				  these requirements, the child may be dismissed from the HHSC Children's Autism
				  Program. The requirements may be waived with written approval by HHSC
				  .
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter E - AUTISM PROGRAM RIGHTS › Section 358.507 - Rights of Children and Parents

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  In accordance with applicable legal provisions, the HHSC Children's Autism
				  Program does not, directly, or through contractual or other arrangements,
				  exclude, deny benefits to, limit the participation of, or otherwise
				  discriminate against any person on the basis of age, color, disability,
				  national origin, political belief, race, religion, sex, or sexual orientation.
				  For purposes of this program, the child must have an autism spectrum disorder,
				  and that requirement is not considered discrimination against any person on the
				  basis of disability.
(b) During the
				  enrollment process, the contractor is required to provide the children and
				  parents written notification of their rights included in subsection (a) of this
				  section; § 358.509 of this subchapter (relating to Complaint Process);
				  § 358.511 of this subchapter (relating to Confidentiality of Information);
				  and § 358.605(b) of this chapter (relating to Cost Share).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter E - AUTISM PROGRAM RIGHTS › Section 358.509 - Complaint Process

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  or organization on behalf of a child enrolled in the HHSC Children's Autism
				  Program may file a complaint with HHSC alleging that a requirement of the HHSC
				  Children's Autism Program was violated. A complaint may be filed directly with
				  HHSC without having been filed with the contractor.
(b) A complaint regarding the HHSC Children's
				  Autism Program must be filed within 180 calendar days of the alleged violation.
				  A complaint filed 180 calendar days after the alleged violation may be
				  dismissed without further review by the HHSC Children's Autism
				  Program.
(c) A complaint may be
				  filed in any of the following ways:
(1) by
				  phone to the HHS Office of the Ombudsman at 1-877-787-8999; or
(2) by online submission at
				  hhs.texas.gov/ombudsman
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter E - AUTISM PROGRAM RIGHTS › Section 358.511 - Confidentiality of Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  parent or guardian of a child who has been determined eligible for services
				  must be afforded the opportunity to inspect and review any records relating to
				  evaluations and assessments, eligibility determination, development and
				  implementation of the treatment plan, individual complaints dealing with the
				  child, and any other area involving records about the child and the child's
				  family. If requested in writing by the child or the child's parent/guardian,
				  the contractor must make all requested information in that child's record of
				  services accessible to and must release the information to the requesting party
				  in a timely manner. This includes a verified request for release of records by
				  the child or parent/guardian to a third party. The right to inspect and review
				  records under this section includes the right to:
(1) a written response from the contractor to
				  reasonable requests for explanations and interpretations of the
				  records;
(2) request that the
				  contractor provide copies of the records containing the information if failure
				  to provide those copies would effectively prevent the parent from exercising
				  the right to inspect and review the records; and
(3) have the child's or the parent's
				  representative inspect and review the records.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter E - AUTISM PROGRAM RIGHTS › Section 358.515 - Staff Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Children
				  who participate in the Autism Program must receive ABA services provided by
				  staff under the supervision of master's or doctoral level Board Certified
				  Behavior Analysts (BCBA or BCBA-D certification). BCBA or BCBA-D staff must
				  have:
(1) at least one year of experience in
				  providing services to children within the age range of 3 through 15 years of
				  age with diagnoses on the autism spectrum;
(2) documented graduate-level coursework in
				  behavioral assessment and intervention, selecting outcomes and strategies,
				  behavior change procedures, experimental methods, and measuring and
				  interpreting behavioral data; and
(3) knowledge of typical child development
				  for children 3 through 15 years of age.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter F - COST SHARE › Section 358.605 - Cost Share

Current through Reg. 49, No. 28; July 12, 2024
(a) The family's
				  cost share amount is the lesser of the:
(1)
				  HHSC fee schedule amount; or
(2)
				  applicable deductible, copayment, and coinsurance amounts when the family has
				  insurance that covers the ABA services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter F - COST SHARE › Section 358.607 - HHSC Fee Schedule Amount

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  contractor is required to use the HHSC Fee Schedule and instructions to
				  calculate the monthly fee owed by the family for the services of each eligible
				  child.
(b) Factors that affect the
				  amount of monthly fee include the:
(1)
				  monthly costs of services provided by the contractor as determined by the
				  number of hours of service provided multiplied by the contractor's negotiated
				  hourly rate with HHSC;
(2) adjusted
				  gross income of the family as determined by the federal tax return filed for
				  the previous year; or if the family did not file, the family's gross income
				  minus the allowable deductions as defined in § 358.105 of this chapter
				  (relating to Definitions);
(3)
				  family size calculated by summing the number of parents or guardians, the
				  child, and other dependents of the parents or guardians as defined in §
				  358.105 of this chapter; and
(4)
				  number of children from a single family who are enrolled in the HHSC Children's
				  Autism Program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter F - COST SHARE › Section 358.608 - Insurance Payments

Current through Reg. 49, No. 28; July 12, 2024
If the family has insurance that covers the ABA services
					 and the in-network provider agreement between the insurance company and the
					 HHSC Autism contractor requires that the contractor accept the deductible,
					 copayment, or coinsurance and insurance reimbursement as payment in full, then
					 the family's cost share amount is the lesser of the HHSC fee schedule amount or
					 the deductible, copayment, or coinsurance.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 358 - CHILDREN'S AUTISM PROGRAM › Subchapter F - COST SHARE › Section 358.609 - Payer of Last Resort

Current through Reg. 49, No. 28; July 12, 2024
HHSC funds must not be used to pay for any portion of the
					 required cost share. To the extent that the family or child is entitled to
					 insurance-payment for services or receives payment for services from other
					 governmental programs, third-party payers, or other private sources, HHSC funds
					 must not be used to pay for the services until all other methods of payment
					 have been applied.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 1 - GENERAL INFORMATION › Section 359.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Blind Children's Vocational Discovery and Development
						Program (BCVDD Program) is administered by the Department of Assistive and
						Rehabilitative Services (DARS), Division for Blind Services (DBS). The purpose
						of the BCVDD Program is to supplement services provided by other state agencies
						to children who are blind and visually impaired.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 1 - GENERAL INFORMATION › Section 359.3 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The following statutes and regulations authorize or
						require the rules in this subchapter:
(1) Texas Human Resources Code, §
											91.028;
					 and
(2) Texas Human Resources Code,
					 §
											117.073.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 1 - GENERAL INFORMATION › Section 359.5 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, have the following meanings unless the context clearly indicates
						otherwise.
(1) Allowable
					 costs--Expenses relating to case management services that are reasonable and
					 necessary in the normal conduct of operations.
(2) Blind--A visual loss that results in the
					 best corrected visual acuity of 20/200 or less in the better eye, or a visual
					 loss that results in a limitation in the field of vision such that the widest
					 diameter of the visual field subtends an angle no greater than 20 degrees,
					 which means a field of view no greater than 20 degrees in the better
					 eye.
(3) Case management--Assisting
					 an eligible child under this subchapter in gaining access to medical, social,
					 educational, vocational, and other appropriate services to help the child reach
					 or maintain an optimal level of functioning in a community-based
					 setting.
(4) Case management
					 bundled monthly rate--A prospective rate based on the average monthly cost of
					 providing case management services for an eligible child under this
					 subchapter.
(5) Case note--A record
					 of significant interactions in the provision of services. Case notes should
					 document:
(A) the place of service;
(B) who was present when the service was
					 provided;
(C) the BCVDD Program
					 Specialist's participation in the provision of services;
(D) the relationship of the services provided
					 to the child's plan of care/identified needs;
(E) a summary of the child's response to
					 services provided and observations of skills assessed;
(F) impact of the identified need on the
					 consumer; and
(G) the plan for
					 services to meet the identified needs or account of follow-up on services
					 delivered.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 1 - GENERAL INFORMATION › Section 359.7 - Public Access to Information, Forms, and Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) All forms and documents used in the
					 administration of the BCVDD Program are available at any DARS DBS office,
					 including the Central Office at 4800 North Lamar, Austin, Texas, between 8:00
					 a.m. and 5:00 p.m. on workdays.
(b)
					 DARS DBS rules are published on the DARS website at
					 www.dars.state.tx.us.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 1 - GENERAL INFORMATION › Section 359.9 - Comparable Services and Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 DARS DBS must consider comparable services and benefits before expending funds
					 for all BCVDD Program services.
(b)
					 The child's parent must apply for assistance from any resource identified by
					 DARS DBS that may be a resource for comparable services and benefits.
(c) The child's parent must provide
					 acceptable evidence of eligibility or ineligibility for comparable services and
					 benefits to DARS DBS within 90 days from application, or additional
					 expenditures may be suspended.
(d)
					 Whenever possible and practical, the child's parent's choice of health care
					 professionals and other appropriate health care providers is honored, as long
					 as the professionals and other appropriate health care providers are willing to
					 accept reimbursement in accordance with §
											102.213
					 of Title 40 (relating to Alternative Purchasing Methods - Rates for Medical
					 Services).
(e) DARS DBS must verify
					 a child's eligibility for Medicaid at the time of application if the parent's
					 income falls at or below 185 percent of the federal poverty guidelines as
					 determined under the provisions of Division 4 of this subchapter (relating to
					 Economic Resources and Consumer Participation).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 1 - GENERAL INFORMATION › Section 359.11 - Services Provided by Schools

Current through Reg. 49, No. 28; July 12, 2024
DARS DBS does not pay for any service that is the
						school's responsibility under the Individuals with Disabilities Education Act
						(IDEA) or any federal or state rules and regulations adopted under
						IDEA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 1 - GENERAL INFORMATION › Section 359.13 - Confidentiality of Records

Current through Reg. 49, No. 28; July 12, 2024
All personal information furnished to and gathered by
						DARS DBS in the administration of this chapter, including names, addresses,
						records of agency evaluations, reports of medical examinations and treatments,
						financial information, and photographs, are confidential under Texas Human
						Resources Code §
											91.028(f)
						- (g).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 1 - GENERAL INFORMATION › Section 359.15 - Service Delivery

Current through Reg. 49, No. 28; July 12, 2024
(a) BCVDD Program
					 services must be initiated timely and delivered according to the family service
					 plan.
(b) Service delivery staff
					 members are given written guidelines and training on:
(1) developing comprehensive assessments and
					 family service plans;
(2) measuring
					 and documenting consumer progress toward an expected outcome; and
(3) authorizing services timely.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 2 - BASIC PROGRAM REQUIREMENTS › Section 359.51 - Referral and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) A child may
					 be referred to the BCVDD Program by providing a name and address to any DARS
					 DBS office by letter, telephone, direct contact, or another means.
(b) BCVDD Program may refer a child to
					 another DARS program if necessary to better meet the child's needs.
(c) A child is considered an applicant for
					 BCVDD Program services on the day DARS DBS receives a completed and signed
					 application.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 2 - BASIC PROGRAM REQUIREMENTS › Section 359.53 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible to receive services under
					 this subchapter, an applicant must:
(1) have
					 a visual impairment;
(2) reside in
					 Texas; and
(3) be 18 years of age
					 or younger.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 2 - BASIC PROGRAM REQUIREMENTS › Section 359.55 - Prior Authorization of Services

Current through Reg. 49, No. 28; July 12, 2024
DARS DBS does not pay for any service that has not been
						authorized in advance.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 2 - BASIC PROGRAM REQUIREMENTS › Section 359.57 - Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS DBS completes a comprehensive
					 assessment to collect information to develop a family service plan that is
					 designed to achieve the consumer's and family's habilitation goals.
(b) The comprehensive assessment gathers
					 information in all the core service areas to determine the need for medical,
					 educational, developmental, social, or other services. Information to form a
					 complete assessment is gathered by:
(1)
					 taking history of the child;
(2)
					 observing the child;
(3)
					 identifying the child's needs; and
(4) gathering information from other sources,
					 such as family members, medical providers; and educators.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 2 - BASIC PROGRAM REQUIREMENTS › Section 359.59 - Family Service Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS DBS
					 develops a family service plan jointly with the child's parent when it has been
					 determined that the child needs habilitation services.
(b) The family service plan contains a
					 description of the child's planned services, agreements between the parent and
					 DARS DBS, and other information necessary to administer the provisions of this
					 subchapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 2 - BASIC PROGRAM REQUIREMENTS › Section 359.61 - Case Closure

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS DBS closes
					 a child's case when:
(1) the child is no
					 longer eligible under § 359.53 of this subchapter (relating to
					 Eligibility);
(2) the child's
					 planned services have been completed;
(3) the child cannot be located;
(4) the child has died; or
(5) the parent refuses to cooperate with DARS
					 DBS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 2 - BASIC PROGRAM REQUIREMENTS › Section 359.63 - Reopening Closed Cases

Current through Reg. 49, No. 28; July 12, 2024
(a) A case may
					 be reopened if the child's visual condition has worsened or the child needs
					 additional habilitative services.
(b) A case must not be reopened for the sole
					 purpose of providing routine eye exams, glasses, contact lenses, or treatment
					 such as drops for glaucoma and conjunctivitis, unless the BCVDD Program
					 specialist suspects that a child's vision is threatened because of abuse or
					 medical neglect.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.101 - Scope of Services

Current through Reg. 49, No. 28; July 12, 2024
Services in this Division that are not case management
						services, with the exception of purchasing copies of existing records, are
						subject to application of Division 4 of this subchapter (relating to Economic
						Resources and Consumer Participation) and Division 5 of this subchapter
						(relating to Methods of Administration of BCVDD Program).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.103 - Assessment

Current through Reg. 49, No. 28; July 12, 2024
DARS DBS may pay for medical and diagnostic assessments
						jointly agreed to by the BCVDD specialist and parent that are necessary to
						determine the eligibility of a child and to initiate a service plan upon a
						finding of eligibility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.105 - Physical Examinations and Other Medical Specialty Examinations

Current through Reg. 49, No. 28; July 12, 2024
DARS DBS may pay for physical examinations and other
						necessary medical specialty examinations jointly agreed to by the BCVDD Program
						specialist and parent when the BCVDD Program specialist determines that the
						examination is necessary for the child to participate in planned
						services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.107 - Diagnostic Evaluations

Current through Reg. 49, No. 28; July 12, 2024
DARS DBS may provide nonmedical diagnostic evaluations
						that are necessary to plan developmental services only for children receiving
						habilitation services and if jointly agreed to by the BCVDD Program specialist
						and parent.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.109 - Restoration

Current through Reg. 49, No. 28; July 12, 2024
The BCVDD Program pays for restoration services that are
						necessary to correct or substantially modify a child's eye condition within a
						reasonable period of time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.111 - Travel

Current through Reg. 49, No. 28; July 12, 2024
(a) The BCVDD Program may pay for travel
					 services for the child and parents or travel companions when travel is
					 necessary for services under this subchapter.
(b) Travel services available to the child's
					 parents or travel companions without cost to DARS DBS must be used
					 first.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.113 - Child Care

Current through Reg. 49, No. 28; July 12, 2024
The BCVDD Program pays for child-care services provided
						only for parents of children receiving habilitation services and only to allow
						the family to participate in services that are expected to substantially
						contribute to the child's ability to benefit from habilitation
						services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.115 - Habilitation

Current through Reg. 49, No. 28; July 12, 2024
DARS DBS may provide the following habilitation services
						only for a child and/or the family of a child who meets the definition of a
						"permanent severely visually impaired child":
(1) adjustment to blindness
					 services;
(2) independent living
					 skills;
(3) travel;
(4) communication;
(5) support systems; and
(6) vocational discovery and
					 development.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.117 - Case Management Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Case management contacts on behalf of any eligible child under age 21 are
					 subject to this subchapter, regardless of the family's ability to
					 pay.
(b) Case management means
					 services provided under this subchapter to help BCVDD Program-eligible children
					 gain access to medical, social, educational, vocational, and other appropriate
					 services to help them reach or maintain an optimal level of functioning in a
					 community-based setting. Case management includes:
(1) coordinating the performance of
					 evaluations and assessments including eye exams, eye specialty exams, and/or
					 exams under anesthesia; arranging for other medical or nonmedical diagnostics;
					 helping the family understand the results of diagnostic examinations; and
					 communicating the results of diagnostic evaluations and assessments to
					 educators and other professionals involved with the child;
(2) facilitating the development, review, and
					 evaluation of the family service plan in accordance with § 359.57 of this
					 subchapter (relating to Assessment) and DARS DBS procedures; the plan is based
					 on the child's applicable history and identified needs, the parent's input, and
					 the results of all evaluations and assessments;
(3) helping the family identify available
					 service providers and making appropriate referrals to obtain services from
					 medical, social, and educational providers to address identified needs and
					 achieve goals;
(4) following up
					 with the family to help with timely access to services, to discuss the
					 disposition of the referral with the family, and to determine if the services
					 have met the child's needs;
(5)
					 monitoring and reassessing the delivery and effectiveness of services through
					 contacts with the child, family members, school staff members, and service
					 providers as frequently as necessary and at least annually to determine if:
(A) services are being provided in accordance
					 with the family service plan;
(B)
					 services are adequate; and
(C) when
					 the child has new needs or there are changes in the needs of the child, the
					 family service plan and service arrangements are adjusted to address the
					 identified needs;
(6)
					 facilitating the child's transition to educational, habilitative, or vocational
					 services as appropriate;
(7)
					 documenting all case management activities, the child's and family's response
					 to case management, whether the child and family have declined any services in
					 the plan, and coordination with other case management providers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.119 - Eligibility for BCVDD Program Case Management Services

Current through Reg. 49, No. 28; July 12, 2024
In order to receive BCVDD Program case management
						services, the recipient must meet the criteria established in § 359.53 of
						this subchapter (relating to Eligibility), have an identified need for case
						management, and agree to receive services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.121 - Due Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Medicaid-eligible people. Any Medicaid-eligible person whose request for
					 eligibility for case management is denied or is not acted upon with reasonable
					 promptness, or whose case management has been terminated, suspended, or reduced
					 is entitled to a fair hearing in accordance with 1 TAC Chapter 357, Subchapter
					 A (relating to Uniform Fair Hearing Rules).
(b) All children. If BCVDD Program denies,
					 involuntarily reduces, or terminates case management for a child, the child and
					 family have all rights to file complaints in accordance with Texas Human
					 Resources Code §
											117.028 and §
											117.072, and Division
					 6 of this subchapter (relating to Complaint Resolution Process).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 3 - SERVICES › Section 359.123 - Case Management Reimbursement Charges

Current through Reg. 49, No. 28; July 12, 2024
(a) DARS bills for case management contacts
					 at a case-management bundled monthly rate equal to the rate set annually for
					 case-management reimbursements to the Texas Health and Human Services
					 Commission for Medicaid recipients.
(b) A family who does not have Medicaid is
					 billed on a sliding scale, based on the family's gross income and the number of
					 persons residing in the household for whom the parent or legal guardians have
					 legal and/or financial responsibility. Written information about the different
					 levels at which families are billed is available according to § 359.7 of
					 this subchapter (relating to Public Access to Information, Forms, and
					 Documents).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 5 - METHODS OF ADMINISTRATION OF BCVDD PROGRAM › Section 359.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this division is to
					 establish an order of selection for payment of services that may be used when
					 funds are insufficient to serve all eligible children.
(b) The public may contact DARS DBS at any
					 local office to inquire if DARS DBS is operating under provisions of this
					 division and to inquire about the expenditure category at which DARS DBS is
					 operating.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 5 - METHODS OF ADMINISTRATION OF BCVDD PROGRAM › Section 359.203 - Application of an Order of Selection

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 In determining whether to invoke a change in an order of selection, the
					 assistant commissioner for DARS DBS applies the same criteria as those used in
					 §
											106.707
					 of Title 40, Chapter 106 (relating to Application of an Order of
					 Selection).
(b) The order of
					 selection is applied after eligibility for services is determined.
(c) A service that can be paid from resources
					 other than DARS DBS' may be provided to a child regardless of the order of
					 selection.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter A - BLIND CHILDREN'S VOCATIONAL DISCOVERY AND DEVELOPMENT PROGRAM › Division 6 - COMPLAINT RESOLUTION PROCESS › Section 359.251 - BCVDD Program Complaint Resolution Process

Current through Reg. 49, No. 28; July 12, 2024
(a) This provision applies to the resolution
					 of a complaint through a review of a BCVDD Program determination concerning:
(1) ineligibility for services;
(2) financial participation in the cost of
					 products or services;
(3) denial of
					 services; or
(4) termination of
					 services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter B - BLINDNESS EDUCATION, SCREENING, AND TREATMENT PROGRAM › Section 359.501 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Blindness Education, Screening, and Treatment (BEST)
					 Program is administered by the Department of Assistive and Rehabilitative
					 Services (DARS), Division for Blind Services (DBS). The BEST program provides
					 blindness prevention education, screening, and treatment to prevent blindness
					 for Texas residents who are not covered under an adequate health benefit
					 plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 359 - DIVISION FOR BLIND SERVICES › Subchapter B - BLINDNESS EDUCATION, SCREENING, AND TREATMENT PROGRAM › Section 359.503 - Legal Authority

Current through Reg. 49, No. 28; July 12, 2024
The following statutes and regulations authorize or require
					 the rules in this subchapter:
(1)
				  Texas Human Resources Code, §
										91.027,
				  which authorizes DBS to operate the program to the extent that funds are
				  available under the Transportation Code §
										521.421(j)
				  and §
										521.422(b);
				  and
(2) Texas Human Resources Code
				  §
										117.074.