reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter B - ELIGIBILITY, ENROLLMENT, AND REVIEW › Division 6 - RIGHTS AND RESPONSIBILITIES OF AN INDIVIDUAL › Section 260.111 - Individual's Right to a Fair Hearing

Current through Reg. 49, No. 28; July 12, 2024
An individual is entitled to a fair hearing in accordance
						with 1 TAC Chapter 357, Subchapter A, (relating to Uniform Fair Hearing Rules),
						if:
(1) the individual's request for
					 eligibility for the DBMD Program is denied or is not acted upon with reasonable
					 promptness; or
(2) the individual's
					 DBMD Program services or CFC services have been denied, suspended, reduced, or
					 terminated by HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter B - ELIGIBILITY, ENROLLMENT, AND REVIEW › Division 6 - RIGHTS AND RESPONSIBILITIES OF AN INDIVIDUAL › Section 260.113 - Mandatory Participation Requirements of an Individual

Current through Reg. 49, No. 28; July 12, 2024
An individual or LAR must comply with the following
						mandatory participation requirements:
(1) completing and submitting an application
					 for Medicaid financial eligibility to HHSC in accordance with §
											260.61(h)(2) of
					 this subchapter (relating to Process for Enrollment of an Individual) or within
					 another time frame permitted by §
											260.61(i) of this
					 subchapter if the individual does not have Medicaid financial
					 eligibility;
(2) participating on
					 the service planning team to:
(A) develop an
					 enrollment IPP, as described in §
												260.65 of this chapter (relating
					 to Development of an Enrollment IPP);
(B) develop a proposed enrollment IPC, as
					 described in §
												260.67 of this subchapter
					 (relating to Development of a Proposed Enrollment IPC); and
(C) review and revise the IPP and IPC, as
					 described in §
												260.77 of this subchapter
					 (relating to Renewal and Revision of an IPP and IPC);
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter C - COMPLIANCE WITH RULES › Section 260.151 - Program Provider Compliance with Rules

Current through Reg. 49, No. 28; July 12, 2024
A program provider must comply with:
(1) this chapter;
(2) Chapter 558 of this title (relating to
				  Licensing Standards for Home and Community Support Services
				  Agencies);
(3) if providing
				  licensed assisted living, Chapter 553 of this title (relating to Licensing
				  Standards for Assisted Living Facilities);
(4) 40 TAC Chapter 41 (relating to Consumer
				  Directed Services Option);
(5) 40
				  TAC Chapter 49 (relating to Contracting for Community Services); and
(6) 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 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.201 - Protection of Individual

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider 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;
(3) abuse,
				  neglect, and exploitation;
(4) acts
				  of financial impropriety by a service provider, staff person, volunteer, or
				  controlling person; and
(5)
				  deliberate damage of personal possessions by a service provider, staff person,
				  volunteer, or controlling person.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.203 - Qualifications of Program Provider Staff

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider must employ a program director who is responsible for the program
				  provider's day-to-day operations. The program director must:
(1) have a minimum of one year of paid
				  experience in community programs planning and providing direct services to
				  individuals with deafness, blindness, or multiple disabilities and have a
				  master's degree in a health and human services related field;
(2) have a minimum of two years of paid
				  experience in community programs planning and providing direct services to
				  individuals with deafness, blindness, or multiple disabilities, and have a
				  bachelor's degree in a health and human services related field; or
(3) have been a program director for the DBMD
				  Program provider on or before June 15, 2010.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.205 - Training

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  orientation training. A program provider must ensure that a program director
				  and a service provider complete a general orientation curriculum before
				  assuming job duties and annually thereafter.
(1) The general orientation curriculum must
				  include training on:
(A) the rights of an
				  individual;
(B)
				  confidentiality;
(C) the program
				  provider's complaint process; and
(D) the DBMD Program and CFC, including the
				  requirements of this chapter and the DBMD Program services and CFC services
				  specified in §
												260.7 of this chapter (relating to
				  Description of the DBMD Program and CFC).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.207 - Service Delivery

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider must ensure that:
(1) a full-time
				  case manager is assigned to provide case management services to no more than 30
				  individuals or other persons receiving services through another Medicaid waiver
				  at one time;
(2) a part-time case
				  manager is assigned to provide case management services to no more than 15
				  individuals or other persons receiving services through another Medicaid waiver
				  at one time; and
(3) for a month in
				  which a case manager does not meet with an individual or LAR as required by
				  §
											260.77(a) of this
				  chapter (relating to Renewal and Revision of an IPP and IPC), the case manager
				  has contact with the individual, LAR, primary caregiver, or actively involved
				  person in person, by videoconferencing, or by telephone, to provide case
				  management.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.209 - Documentation of Services Delivered and Recordkeeping

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider must ensure that for each service provided, except adaptive aids,
				  dental treatment, minor home modifications, CFC ERS, CFC support management,
				  licensed assisted living, licensed home health assisted living, and a service
				  that is documented through an electronic visit verification system, as listed
				  in 1 TAC §
										354.4005(b)
				  (relating to Applicability), a service provider completes an HHSC DBMD Summary
				  of Services Delivered form to document:
(1)
				  the type of service provided;
(2)
				  the date and the time the service begins and ends;
(3) the type of contact (phone or
				  in-person);
(4) the name of the
				  person with whom the contact occurred;
(5) a description of the service activity
				  performed, unless the activity is a non-delegated task provided by an
				  unlicensed service provider that is documented on the IPP; and
(6) the signature and title of the service
				  provider.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.211 - Quality Assurance

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider must conduct an annual survey of individuals, LARs, and actively
				  involved person to determine satisfaction with services.
(b) At least annually, a program provider
				  must:
(1) review all final investigative
				  reports from HHSC and based on the review, identify program process
				  improvements that help prevent the occurrence of abuse, neglect, and
				  exploitation and improve the delivery of services; and
(2) evaluate critical incident data reported
				  in accordance with §
											260.201(d) of
				  this subchapter (relating to Protection of Individual), compare the program
				  provider's use of restraint to aggregate data provided by HHSC on HHSC's
				  website, 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 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.213 - Service Backup Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) If an
				  individual's IPC includes nursing, intervener services, or CFC/PAS HAB, a case
				  manager must ensure that the service planning team determines if an individual
				  needs a service backup plan or a service backup plan revision during:
(1) the process of enrollment described in
				  §
											260.61 of this chapter (relating
				  to Process for Enrollment of an Individual);
(2) each of the reviews described in §
											260.77 of this chapter (relating
				  to Renewal and Revision of an IPP and IPC); and
(3) an individual's transfer from one program
				  provider to another.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.215 - Protective Devices

Current through Reg. 49, No. 28; July 12, 2024
(a) A protective
				  device is a restrictive intervention that a program provider may use in
				  accordance with this section.
(b) A
				  program provider must not use a protective device to modify or control an
				  individual's behavior, for disciplinary purposes, for convenience, or as a
				  substitute for an effective, less restrictive method.
(c) Before a program provider uses a
				  protective device, the program provider must:
(1) have an RN conduct an assessment of the
				  individual's needs;
(2) consider
				  less restrictive methods that, if effective, would accomplish the purpose of
				  the protective device;
(3) document
				  in the individual's record the reasons why less restrictive methods would not
				  be effective;
(4) obtain and retain
				  in the individual's record written consent of the individual or LAR to use a
				  protective device;
(5) provide oral
				  and written notification to the individual or LAR of the right at any time to
				  withdraw consent for the use of the protective device;
(6) have an RN, with input from the
				  individual, the individual's LAR, the individual's service planning team, and
				  other professional personnel, develop a written service plan, which may be part
				  of the individual's plan of care as defined in §
											558.2 of this title (relating to
				  Definitions), signed by a physician, that describes:
(A) the type of device and the circumstances
				  under which it may be used;
(B) how
				  to use the protective device and any contraindications specific to the
				  individual;
(C) how and when to
				  document the use of the protective device;
(D) how to monitor the protective device;
				  and
(E) when and whom the program
				  staff must notify of the use of a protective device;
(7) ensure the service planning team reviews
				  and approves the written service plan;
(8) ensure that each service provider who
				  will use a protective device has been trained in the proper use of the
				  protective device; and
(9) ensure
				  the training is documented in the service provider's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.217 - Restraints

Current through Reg. 49, No. 28; July 12, 2024
(a) A restraint is
				  a restrictive intervention that a program provider may use in accordance with
				  this section.
(b) A program
				  provider providing licensed assisted living must comply with §
										553.267(a)(3)(A) and
				  (D) of this title (relating to
				  Rights).
(c) A program provider
				  must ensure that a six-bed ICF/IID providing respite complies with §
										551.42(e)(4) of
				  this title (relating to Standards for a Facility).
(d) A program provider providing licensed
				  home health assisted living:
(1) must not use
				  restraints:
(A) for disciplinary purposes,
				  retaliation, coercion, or retribution;
(B) for the convenience of a service provider
				  or other persons; or
(C) as a
				  substitute for an effective, less restrictive method;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.219 - Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual

Current through Reg. 49, No. 28; July 12, 2024
If a program provider, service provider, staff person,
					 volunteer, or controlling person knows or suspects that an individual is being
					 or has been abused, neglected, or exploited, the program provider must report
					 or ensure that the person with knowledge or suspicion reports the allegation of
					 abuse, neglect, or exploitation:
(1)
				  for an individual receiving licensed assisted living, in accordance with
				  Chapter 553 of this title (relating to Licensing Standards for Assisted Living
				  Facilities); or
(2) for an
				  individual who is not receiving licensed assisted living, to DFPS immediately,
				  but not later than 24 hours, after having knowledge or suspicion by:
(A) calling the DFPS Abuse Hotline toll-free
				  telephone number, 1-800-252-5400; or
(B) using the DFPS Abuse Hotline
				  website.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.221 - Requirements Related to the Reporting of Abuse, Neglect, and Exploitation of an Individual

Current through Reg. 49, No. 28; July 12, 2024
(a) If a report
				  required by §
										260.219 of this subchapter
				  (relating to Reporting Allegations of Abuse, Neglect, or Exploitation of an
				  Individual) alleges abuse, neglect, or exploitation by a person who is not a
				  service provider, staff person, volunteer, or controlling person, a program
				  provider 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 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter D - ADDITIONAL PROGRAM PROVIDER PROVISIONS › Section 260.223 - Requirement for Translation

Current through Reg. 49, No. 28; July 12, 2024
If a program provider submits documentation to HHSC
					 containing information that is not in English, the program provider 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 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT › Section 260.251 - Request for Assistance with Personal Funds Management

Current through Reg. 49, No. 28; July 12, 2024
(a) If a program
				  provider offers assistance with personal funds management, the program provider
				  must have written authorization from an individual or LAR before accepting an
				  individual's personal funds for deposit in a trust fund account. The program
				  provider must:
(1) ensure the written
				  authorization is signed and dated by the individual or LAR;
(2) provide the individual or LAR with a copy
				  of the original written authorization; and
(3) maintain the original of the written
				  authorization in the individual's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT › Section 260.253 - Establishing a Trust Fund Account

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider that assists an individual with personal funds management must:
(1) establish a trust fund account;
(2) identify the trust fund account in
				  accordance with the financial institution's requirements for trustee
				  accounts;
(3) ensure the trust fund
				  account is insured under federal or state law;
(4) deposit the individual's personal funds
				  in the trust fund account; and
(5)
				  ensure an individual's personal funds are not commingled with the program
				  provider's funds in the trust fund account.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT › Section 260.255 - Maintaining a Trust Fund Account

Current through Reg. 49, No. 28; July 12, 2024
(a) When managing a
				  trust fund account, a program provider must:
(1) maintain documentation of an individual's
				  personal funds that:
(A) follows generally
				  accepted accounting principles; and
(B) includes:
(i) the individual's name;
(ii) identification of individual's
				  representative or person assigned to receive the individual's income, if
				  any;
(iii) admission
				  date;
(iv) individual's earned
				  interest, if any;
(v) documentation
				  of each transaction; and
(vi)
				  receipts for purchases and payments, including cash register tapes or sales
				  statements from a vendor;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT › Section 260.257 - Individual's Access to Personal Funds

Current through Reg. 49, No. 28; July 12, 2024
When an individual whose personal funds are maintained in a
					 trust fund account requests disbursement of a portion or all of the personal
					 funds, a program provider must:
(1)
				  determine if the individual has a sufficient amount of personal funds on
				  deposit in the trust fund account to cover the requested
				  disbursement;
(2) if the individual
				  has a sufficient amount of personal funds on deposit in the trust fund account,
				  provide the individual with requested funds within 72 hours after receiving the
				  request; and
(3) if the individual
				  does not have a sufficient amount of personal funds on deposit in the trust
				  fund account, notify the individual, in writing, that the individual does not
				  have sufficient personal funds in the trust fund.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT › Section 260.259 - Petty Cash Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider may maintain a petty cash fund with a portion of the personal funds
				  maintained in the pooled checking account for the purpose of providing an
				  individual with small amounts of cash, typically five dollars or
				  less.
(b) A program provider must:
(1) maintain the petty cash fund in a secure
				  place;
(2) set a dollar limit on
				  the amount of a disbursement from the petty cash fund;
(3) reconcile the petty cash fund at least
				  monthly;
(4) maintain a ledger of
				  petty cash fund transactions that documents each deposit and disbursement;
				  and
(5) include the following
				  information in the ledger for each disbursement:
(A) name of the individual;
(B) date of the disbursement;
(C) amount of the disbursement; and
(D) signature of the individual or LAR or, if
				  the individual or LAR is unable to sign the ledger, at least one
				  witness.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT › Section 260.261 - Trust Fund Transactions

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider must maintain a written trust fund ledger in which the following
				  information is documented:
(1) date and amount
				  of each deposit or withdrawal;
(2)
				  source of each deposit;
(3) name of
				  the individual on whose behalf the deposit is made;
(4) reason for each withdrawal;
(5) name of the person or entity who receives
				  withdrawn funds; and
(6) balance
				  after each transaction.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT › Section 260.263 - Recurring Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider may make recurring payments on behalf of an individual using funds
				  from the trust fund account if the individual or LAR submits a written
				  authorization to the program provider.
(1) A
				  program provider must ensure the written authorization:
(A) is signed and dated by the individual or
				  LAR;
(B) includes the name of the
				  business or entity to which the recurring payment is made;
(C) includes the amount of the recurring
				  payment or, if the recurring payment is not a set amount, a description of the
				  method for determining the amount of the recurring payment; and
(D) date the recurring payments
				  begin.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT › Section 260.265 - Receipt for Direct Payment to Vendor from Trust Fund Account

Current through Reg. 49, No. 28; July 12, 2024
(a) When a program
				  provider makes a direct payment from the trust fund account to a vendor for an
				  item or service authorized by the individual or LAR, the program provider must
				  obtain a receipt from the vendor. The program provider must ensure the receipt
				  includes:
(1) the name of the
				  individual;
(2) the date the
				  receipt was created;
(3) the dollar
				  amount;
(4) a description of the
				  item purchased; and
(5) the name of
				  the business or entity from which the purchase was made.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT › Section 260.267 - Trust Fund Documentation

Current through Reg. 49, No. 28; July 12, 2024
A program provider must:
(1) ensure trust fund documentation and
				  supporting documents are readily accessible and retrievable for review by HHSC
				  representatives and all applicable federal and state agencies or their
				  representatives; and
(2) allow HHSC
				  representatives and all applicable federal and state agencies or their
				  representatives to make copies of trust fund related documentation and
				  supporting documents at no charge.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT › Section 260.269 - Trust Fund Refund

Current through Reg. 49, No. 28; July 12, 2024
If an individual or LAR submits a written request for the
					 return of the balance of the individual's personal funds held by the program
					 provider, the program provider must provide the funds to the individual or LAR
					 within five business days after receipt of the written
					 request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter E - ASSISTANCE WITH PERSONAL FUNDS MANAGEMENT › Section 260.271 - Trust Fund Procedures for Individual Transfer and Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) When an
				  individual transfers or is terminated from the DBMD Program, the program
				  provider must:
(1) return the individual's
				  personal funds to the individual or LAR and provide a written final accounting
				  of those funds to the individual or LAR:
(A)
				  in person; or
(B) by certified mail
				  with return receipt;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 1 - ADAPTIVE AIDS › Section 260.301 - Authorization Amount and Other Limits for Adaptive Aids

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC approves a
					 maximum of $10,000 per an individual's IPC period for adaptive aids, to include
					 repair and maintenance.
(b) A
					 program provider may:
(1) purchase or lease
					 only an adaptive aid listed in the
Deaf Blind with Multiple
					 Disabilities Program Manual;
(2) purchase repair and maintenance of an
					 adaptive aid purchased through the DBMD Program but not covered by a warranty;
					 or
(3) purchase repair and
					 maintenance of an adaptive aid that was not purchased through the DBMD Program
					 but is identical to an adaptive aid listed in the
Deaf Blind with
					 Multiple Disabilities Program Manual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 1 - ADAPTIVE AIDS › Section 260.303 - Requirements for Authorization to Purchase or Lease an Adaptive Aid

Current through Reg. 49, No. 28; July 12, 2024
(a) If an
					 individual's service planning team identifies a need for an adaptive aid, a
					 program provider must ensure the service planning team includes the adaptive
					 aid in:
(1) an enrollment IPP and enrollment
					 IPC developed in accordance with §
												260.65 of this chapter (relating
					 to Development of an Enrollment IPP) and §
												260.67 of this chapter (relating
					 to Development of a Proposed Enrollment IPC); or
(2) a revision or renewal IPC and IPP
					 developed in accordance with §260.77(a)-(d) of this chapter (relating to
					 Renewal and Revision of an IPP and IPC).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 1 - ADAPTIVE AIDS › Section 260.305 - Requirements for Bids for an Adaptive Aid

Current through Reg. 49, No. 28; July 12, 2024
(a) For an adaptive
					 aid that costs $500 or more, a program provider must:
(1) obtain comparable bids for the requested
					 adaptive aid from three vendors; and
(2) ensure the vendors are not related to the
					 individual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 1 - ADAPTIVE AIDS › Section 260.307 - Time Frames for Providing an Adaptive Aid

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
					 provider must ensure an individual receives an adaptive aid, other than a
					 medically necessary supply or device:
(1)
					 costing less than $500 within 14 business days after one of the following
					 dates, whichever is later:
(A) the date HHSC
					 approves the proposed IPC that includes the recommended adaptive aid;
					 or
(B) the effective date of the
					 individual's IPC as determined by the service planning team; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 1 - ADAPTIVE AIDS › Section 260.309 - Cost Effective Delivery of Adaptive Aid

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
					 provider must ensure that if an adaptive aid is delivered to an individual by a
					 commercial carrier, such as United Parcel Service or the United States Postal
					 Service, the most cost-effective carrier is used.
(b) A program provider may not use a
					 commercial carrier to provide overnight delivery unless it is necessary to meet
					 the time frame for a medically necessary supply or device immediately needed by
					 an individual 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 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 1 - ADAPTIVE AIDS › Section 260.311 - Requirements of Program Provider Following Provision of Adaptive Aid

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
					 provider must ensure, upon delivery of the adaptive aid to an individual and
					 before the adaptive aid is used, that the individual, unpaid caregiver, and
					 service providers are provided with appropriate orientation and training in the
					 proper use of the adaptive aid.
(b)
					 Within 10 business days after an individual has received an adaptive aid, a
					 program provider must:
(1) contact the
					 individual to:
(A) determine if the adaptive
					 aid meets the needs of the individual; and
(B) determine if appropriate orientation and
					 training were provided to the individual on proper use of the adaptive aid;
					 and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 2 - MINOR HOME MODIFICATIONS › Section 260.313 - Items or Services Purchasable as a Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
					 provider may purchase as a minor home modification:
(1) only those items and services listed in
					 the
Deaf Blind with Multiple Disabilities Program Manual;
and
(2) the necessary repair and
					 maintenance of a minor home modification purchased through the DBMD program if:
(A) at least one year has elapsed from the
					 date the minor home modification was completed; and
(B) the minor home modification is not
					 covered by a warranty.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 2 - MINOR HOME MODIFICATIONS › Section 260.315 - 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 for minor home modifications provided to an individual is $10,000 for
					 the lifetime of the individual.
(b)
					 In addition to the $10,000 lifetime 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 DBMD Program if at least one
					 year has elapsed since the date the minor home modification was
					 completed.
(c) Except as provided
					 in subsection (d) of this section, a program provider is not required to follow
					 the process in §260.317 of this division (relating to Requesting
					 Authorization to Purchase a Minor Home Modification that Costs Less than
					 $1,000) to request approval for repair and maintenance of a minor home
					 modification, but must include the amount requested:
(1) in an enrollment IPC developed in
					 accordance with §
												260.67 of this chapter (relating
					 to Development of a Proposed Enrollment IPC); or
(2) in a revision or renewal IPC developed in
					 accordance with §260.77(a) - (d) of this chapter (relating to Renewal and
					 Revision of an IPP and IPC).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 2 - MINOR HOME MODIFICATIONS › Section 260.317 - Requesting Authorization to Purchase a Minor Home Modification that Costs Less than $1,000

Current through Reg. 49, No. 28; July 12, 2024
(a) To purchase a
					 minor home modification for an individual that costs less than $1,000, a
					 program provider:
(1) does not have to obtain
					 specifications as described in §260.321 of this division (relating to
					 Specifications for a Minor Home Modification);
(2) includes the cost of the minor home
					 modification and the cost of the inspection of the minor home modifications,
					 not to exceed $150, in an IPC and IPP developed in accordance with:
(A) for an enrollment IPP and enrollment IPC,
					 §
													260.65 of this chapter (relating
					 to Development of an Enrollment IPP) and §
													260.67 of this chapter (relating
					 to Development of a Proposed Enrollment IPC); or
(B) for a revision or renewal IPP and IPC,
					 §260.77(a) - (d) of this chapter (relating to Renewal and Revision of an
					 IPP and IPC);
(3) ensures
					 the case manager:
(A) obtains an HHSC
					 Rationale for Adaptive Aids, Medical Supplies, and Minor Home Modifications
					 form completed in accordance with the
Deaf Blind with Multiple
					 Disabilities Program Manual;
and
(B) submits to HHSC:
(i) the IPC and IPP:
(I) in accordance with §
															260.61(l)(1) of
					 this chapter (relating to Process for Enrollment of an Individual), for an
					 individual requesting enrollment in the DBMD Program; or
(II) in accordance with §260.77(a) - (d)
					 of this chapter for an individual receiving DBMD Program services;
					 and
(ii) the completed
					 HHSC Rationale for Adaptive Aids, Medical Supplies, and Minor Home
					 Modifications form.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 2 - MINOR HOME MODIFICATIONS › Section 260.319 - Requesting Authorization to Purchase a Minor Home Modification that Costs $1,000 or More

Current through Reg. 49, No. 28; July 12, 2024
(a) To purchase a
					 minor home modification for an individual that costs $1,000 or more, a program
					 provider must:
(1) ensure that the
					 individual's service planning team includes the cost, not to exceed $200, of
					 the specifications for the requested minor home modification in the
					 individual's IPP and IPC developed in accordance with:
(A) for an enrollment IPP and enrollment IPC,
					 §
													260.65 of this chapter (relating
					 to Development of an Enrollment IPP) and §
													260.67 of this chapter (relating
					 to Development of a Proposed Enrollment IPC); or
(B) for a revision or renewal IPP and IPC,
					 §260.77(a) - (d) of this chapter (relating to Renewal and Revision of an
					 IPP and IPC); and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 2 - MINOR HOME MODIFICATIONS › Section 260.321 - Specifications for a Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) If HHSC
					 authorizes payment for specifications of a minor home modification in
					 accordance with §260.319 of this division (relating to Requesting
					 Authorization to Purchase a Minor Home Modification that Costs $1,000 or More),
					 a program provider must:
(1) obtain the
					 specifications from a person who has experience in constructing home
					 modifications;
(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; and
(C) comply with the
					 Texas Accessibility Standards promulgated by the Texas Department of Licensing
					 and Regulation unless:
(i) a program provider
					 determines that it is not structurally feasible to do so and documents, in
					 writing, the basis for its determination; or
(ii) an individual or LAR requests, in
					 writing, that the specifications not be in compliance with the Texas
					 Accessibility Standards; and
(D) ensure the HHSC Specifications for Minor
					 Home Modifications form is completed as described in the
Deaf Blind
					 with Multiple Disabilities Program Manual
.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 2 - MINOR HOME MODIFICATIONS › Section 260.323 - Bid Requirements for a Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) For a minor
					 home modification that costs $1,000 or more, a program provider 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 §260.319 of this division
					 (relating to Requesting Authorization to Purchase a Minor Home Modification
					 that Costs $1,000 or More).
(b) A
					 program provider must obtain bids that:
(1)
					 are based on the specifications obtained in accordance with §260.321 of
					 this division (relating to Specifications for a Minor Home Modification);
					 and
(2) include:
(A) an itemized list of materials and labor
					 necessary to construct the modification;
(B) the cost of each material and labor
					 listed;
(C) the date of the
					 bid;
(D) the name, address, and
					 telephone number of the vendor;
(E)
					 a detailed explanation of the vendor's warranty for the modification, if any;
					 and
(F) a statement that the vendor
					 will make the minor home modification in accordance with the specifications
					 obtained in accordance with §260.321 of this division and all applicable
					 state and local building codes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 2 - MINOR HOME MODIFICATIONS › Section 260.325 - Time Frames for Completion of Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
					 provider must ensure that a minor home modification is completed within 60
					 calendar days after the date the vendor begins construction as directed by the
					 program provider, in accordance with:
(1)
												§260.317(d) of this division (relating to Requesting Authorization to
					 Purchase a Minor Home Modification that Costs Less than $1,000); or
(2)
												§260.319(g) of this division
					 (relating to Requesting Authorization to Purchase a Minor Home Modification
					 that Costs $1,000 or More).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 2 - MINOR HOME MODIFICATIONS › Section 260.327 - Inspection of a Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
					 provider must, within seven calendar days after receiving information that a
					 minor home modification is complete, ensure that an experienced inspector
					 determines that:
(1) the minor home
					 modification is complete;
(2) the
					 minor home modification is made in accordance with the specifications required
					 by §260.321 of this division (relating to Specifications for 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 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 2 - MINOR HOME MODIFICATIONS › Section 260.329 - Repair or Replacement of a Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC does not
					 authorize repair or maintenance of a minor home modification for one year after
					 the date the minor home modification is completed.
(b) If a minor home modification requires
					 repair or replacement within one year after the date of completion, a program
					 provider must repair or replace the minor home modification at its own expense
					 unless the repair or replacement is a result of intentional damage or neglect
					 by the individual or a person in the individual's residence.
(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 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 2 - MINOR HOME MODIFICATIONS › Section 260.331 - Individual's Satisfaction with Minor Home Modification

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
					 provider must ensure that a service provider involved in purchasing the minor
					 home modification for the individual:
(1)
					 contacts the individual by phone or during an in-home visit within seven
					 business days after completion of the inspection as described in §260.327
					 of this division (relating to Inspection of a Minor Home Modification) to
					 determine whether the individual or LAR is satisfied with the minor home
					 modification; and
(2) documents the
					 result of the contact on an HHSC Documentation of Completion of Purchase form
					 as described in the
Deaf Blind with Multiple Disabilities Program
					 Manual
.