reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 46 - CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES › Subchapter C - PROVIDER REQUIREMENTS › Section 46.49 - Institutional Leave

Current through Reg. 49, No. 28; July 12, 2024
(a) Institution. An
				  institution is defined as a hospital, nursing facility, state school, state
				  hospital, or intermediate care facility serving persons with mental retardation
				  or a related condition.
(b)
				  Institutional leave. Institutional leave is when clients are absent from the
				  facility because they temporarily enter an institution.
(c) Bedhold. The facility must hold the
				  client's bed:
(1) for a Community Care for
				  Aged and Disabled (CCAD) Residential Care (RC) client for:
(A) 60 days if the client is in a hospital;
				  or
(B) 30 days if the client is in
				  any other type of institution; and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 46 - CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES › Subchapter C - PROVIDER REQUIREMENTS › Section 46.51 - Personal Leave

Current through Reg. 49, No. 28; July 12, 2024
(a) Personal leave. A
				  client is entitled to 14 days of personal leave per calendar year.
(b) Client charges. The facility must collect
				  the entire copayment and room and board charges for all personal leave
				  days.
(c) Texas Department of Human
				  Services (DHS) payment during personal leave. The facility must not bill DHS
				  for more than 14 days of personal leave taken by the client each calendar
				  year.
(d) Notification of personal
				  leave days. The facility must notify the DHS case manager of personal leave
				  days as described under §
										46.45 of
				  this chapter (relating to Required Notifications).
(e) Charge for exceeding personal leave days.
				  The client is responsible for all charges for services if he exceeds the
				  allowable limit of personal leave days.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 46 - CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES › Subchapter C - PROVIDER REQUIREMENTS › Section 46.53 - Client Terminations

Current through Reg. 49, No. 28; July 12, 2024
(a) Client
				  discharge. The facility must convene an Interdisciplinary Team (IDT) meeting,
				  as described in §
										46.35 of
				  this chapter (relating to Interdisciplinary Team) before discharging a client,
				  except when the client threatens the health or safety of others or himself. The
				  facility must notify the DHS case manager as described under §
										46.47 of
				  this chapter (relating to Suspension of Services).
(b) Assistance with move. The facility must
				  help the client prepare for transfer or discharge.
(c) Refunds. The facility must refund the
				  following:
(1) copayment and room and board,
				  as described in §
											46.37(f)
				  of this chapter (relating to Copayment and Room and Board); and
(2) trust fund balances, as described in
				  §
											46.71
				  of this chapter (relating to Trust Fund Procedures for Client
				  Discharge).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 46 - CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES › Subchapter D - TRUST FUNDS › Section 46.61 - Trust Fund Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Clients have
				  the right to:
(1) perform their own money
				  management;
(2) request that the
				  facility provide or assist with money management; or
(3) designate another person to provide or
				  assist with money management.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 46 - CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES › Subchapter D - TRUST FUNDS › Section 46.63 - Trust Fund Bank Account

Current through Reg. 49, No. 28; July 12, 2024
(a) Bank account.
(1) The contracted assisted living facility
				  must keep funds received from or on behalf of a client for a trust fund in a
				  separate bank account from the facility's operating funds. The account must be
				  identified as "Trustee, (Name of Facility), Client's Trust Fund
				  Account."
(2) The facility may use
				  the following type of checking accounts for the trust fund:
(A) a pooled checking account, which is a
				  single checking account that contains all the personal funds received from each
				  client utilizing the trust fund;
(B) a client-choice individual checking
				  account, which is a single checking account that contains only the personal
				  funds of a single client. The client or the client's representative must
				  request this type of trust fund in writing; or
(C) a facility-choice individual checking
				  account, which is a single checking account that contains only the funds of a
				  single client. This type of trust fund is set up for the convenience of the
				  facility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 46 - CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES › Subchapter D - TRUST FUNDS › Section 46.65 - Trust Fund Transactions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Transactions.
(1) The facility must keep
				  records of all trust fund transactions.
(2) Facility staff must record on the
				  client's trust-fund ledger or deposit/withdrawal document at least the
				  following:
(A) the date and amount of each
				  deposit;
(B) the source of each
				  deposit;
(C) the date and amount of
				  each withdrawal;
(D) the reason for
				  each withdrawal;
(E) the name of
				  the person or entity who accepted the withdrawn funds; and
(F) the balance after each
				  transaction.
(3) The
				  client or the client's representative must sign for each withdrawal transaction
				  at the time of the transaction.
(A) The
				  signature must be on the trust-fund ledger, deposit/withdrawal document, or
				  trust fund receipt.
(B) At least
				  one witness must sign for each withdrawal transaction if the client or the
				  client's representative cannot sign.
(C) A signature is not required if the
				  payment meets the definition of a recurring payment as described in subsection
				  (c) of this section.
(4)
				  The facility must record transactions within 14 days of occurrence.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 46 - CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES › Subchapter D - TRUST FUNDS › Section 46.67 - Trust Fund Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) Accounting
				  and records.
(1) The facility must keep
				  written records of all financial transactions involving the client's personal
				  funds that the facility is holding, safeguarding, and accounting. The written
				  records may be in any format.
(2)
				  The facility must keep the accounting records in accordance with generally
				  accepted accounting principles (GAAP).
(3) The facility must keep records in
				  accordance with its fiduciary duties for client trust funds.
(4) The facility must include at least the
				  following in the accounting records:
(A) each
				  client's name;
(B) identification
				  of each client's representative or person assigned to receive the client's
				  income, if any;
(C) admission
				  date;
(D) each client's earned
				  interest, if any;
(E) documentation
				  of each transaction; and
(F)
				  receipts for purchases and payments, including cash register tapes or sales
				  statements from a seller.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 46 - CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES › Subchapter D - TRUST FUNDS › Section 46.69 - Trust Fund Refunds

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  must return the full balance of the client's personal funds held in the
				  facility to the client or the client's representative immediately upon request
				  if the request is made during normal business hours. For purposes of this
				  subsection, normal business hours are 8:00 a.m. to 5:00 p.m. on working days,
				  or at the beginning of the next normal business hours if the request is
				  received during hours other than normal business hours.
(b) The facility must return the full balance
				  of the client's personal funds that the facility has deposited in any bank
				  account to the client or the client's representative within ten working days of
				  request. This refund must include any interest reported as of the date of the
				  request.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 46 - CONTRACTING TO PROVIDE ASSISTED LIVING AND RESIDENTIAL CARE SERVICES › Subchapter D - TRUST FUNDS › Section 46.71 - Trust Fund Procedures for Client Discharge

Current through Reg. 49, No. 28; July 12, 2024
(a) Client transfer.
(1) The facility must write a check to the
				  resident for all funds held in the pooled checking account. This must include
				  any interest accrued.
(2) The
				  facility must complete the transfer within ten working days of the effective
				  date of the transfer.
(3) The
				  facility must not make any payments out of a client's trust fund after the
				  effective date of transfer, except as described in this subsection.
(4) The cleared check will suffice as a
				  receipt.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter B - PROVIDER CONTRACTS › Section 47.11 - Contracting Requirements

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter C - STAFF REQUIREMENTS › Section 47.21 - Supervisor Training Requirements

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter C - STAFF REQUIREMENTS › Section 47.23 - Attendant Qualifications

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter C - STAFF REQUIREMENTS › Section 47.25 - Attendant Orientation

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter D - SERVICE DELIVERY PLAN DEVELOPMENT › Section 47.41 - Allowable Tasks

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter D - SERVICE DELIVERY PLAN DEVELOPMENT › Section 47.43 - Referrals and Authorizations

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter D - SERVICE DELIVERY PLAN DEVELOPMENT › Section 47.45 - Pre-Initiation Activities

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter D - SERVICE DELIVERY PLAN DEVELOPMENT › Section 47.47 - Determination of Medical Need

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter D - SERVICE DELIVERY PLAN DEVELOPMENT › Section 47.49 - Interdisciplinary Team

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter E - SERVICE REQUIREMENTS › Section 47.57 - Service Delivery Options

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter E - SERVICE REQUIREMENTS › Section 47.61 - Service Initiation

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter E - SERVICE REQUIREMENTS › Section 47.65 - Supervisory Visits

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter E - SERVICE REQUIREMENTS › Section 47.67 - Service Delivery Plan Changes

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter E - SERVICE REQUIREMENTS › Section 47.73 - Annual Reauthorization for the CAS Program

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter E - SERVICE REQUIREMENTS › Section 47.74 - Prohibition of Restraint and Seclusion

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter F - CLAIMS PAYMENT AND DOCUMENTATION › Section 47.81 - Monitoring Medicaid Eligibility

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter F - CLAIMS PAYMENT AND DOCUMENTATION › Section 47.83 - Monitoring Reviews

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter F - CLAIMS PAYMENT AND DOCUMENTATION › Section 47.85 - Retroactive Payment Procedures

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter F - CLAIMS PAYMENT AND DOCUMENTATION › Section 47.89 - Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter G - UTILIZATION REVIEW › Section 47.91 - Utilization Review

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter H - ALLEGATIONS OF ABUSE, NEGLECT, AND EXPLOITATION › Section 47.101 - Requirements for Providers Related to the Abuse, Neglect, or Exploitation of an Individual

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 47 - PRIMARY HOME CARE, COMMUNITY ATTENDANT SERVICES, AND FAMILY CARE PROGRAMS › Subchapter H - ALLEGATIONS OF ABUSE, NEGLECT, AND EXPLOITATION › Section 47.103 - Requirements for Providers Related to the Abuse, Neglect, and Exploitation of an Individual Receiving Services in the PHC Program and CAS Program Through the Agency Option or the Service Responsibility Option

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter B - INTEREST LISTS › Section 48.1301 - 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) AFC--Adult foster care.
				  Services provided in a 24-hour living arrangement in an adult foster care home
				  for persons who, because of physical, mental or emotional limitations, are
				  unable to continue to function independently in their own homes.
(2) Applicant--A Texas resident interested in
				  receiving a community care service or program.
(3) Case manager--A DADS employee who is
				  responsible for case management activities.
(4) Community care service or program--Any of
				  the following services and programs:
(A)
				  AFC;
(B) DAHS;
(C) ERS;
(D) FC;
(E) the HDM Program;
(F) the IH/FSP;
(G) the RC Program; and
(H) the SSPD Program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter B - INTEREST LISTS › Section 48.1302 - Community Care Interest Lists

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS
				  maintains, for each DADS region, a community care interest list for each
				  community care service or program.
(b) A person may request in person, by
				  telephone, or in writing that DADS add an applicant's name to a community care
				  interest list. The person making the request must provide a Texas address for
				  the applicant.
(c) DADS adds an
				  applicant's name to a community care interest list if:
(1) a request is made in accordance with
				  subsection (b) of this section; or
(2) an applicant's name is on the interest
				  list for a DADS region and the applicant or a responsible party notifies DADS
				  that the applicant has moved to another DADS region and requests that the
				  applicant's name be added to the interest list for the DADS region to which the
				  applicant has moved.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter B - INTEREST LISTS › Section 48.1303 - Enrollment

Current through Reg. 49, No. 28; July 12, 2024
(a) This section does not apply to the
				  IH/FSP. Enrollment in the IH/FSP is governed by §
										48.2702
				  of this chapter (relating to Eligibility Determination Process).
(b) When a community care service or program
				  becomes available in a DADS region, DADS contacts the applicant whose interest
				  list request date, assigned in accordance with § 48.1302(d) of this
				  subchapter (relating to Community Care Interest Lists), is earliest on the
				  community care interest list for the community care service or program that is
				  available, and offers the community care service or program to the applicant.
(1) If the applicant or responsible party
				  declines the offer of the community care service or program, DADS removes the
				  applicant's name from the interest list for the community care service or
				  program, as described in § 48.1302(e)(4) of this subchapter.
(2) If the applicant or responsible party
				  accepts the offer of the community care service or program, a case manager
				  contacts the applicant to conduct an eligibility determination for the
				  community care service or program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter F - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 48.2702 - Eligibility Determination Process

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter F - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 48.2706 - Allowable In-Home and Family Support Program (IH/FSP) Services

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter F - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 48.2708 - Service Subsidy and Capital Expenditure

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter F - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 48.2721 - Definitions for the Transition to Life in the Community (TLC) Program

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter F - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 48.2722 - Transition to Life in the Community (TLC) Client Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter F - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 48.2723 - Application for Transition to Life in the Community (TLC) Benefits

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter F - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 48.2724 - Transition to Life in the Community (TLC) Program Benefits

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter F - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 48.2725 - Transition to Life in the Community (TLC) Client Rights

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2901 - Eligibility for Services

Current through Reg. 49, No. 28; July 12, 2024
(a) To receive
				  community care for aged and disabled (CCAD) services, a person must meet
				  income, resource, age, and need criteria.
(b) A person who lives in a nursing facility
				  is not eligible to receive CCAD services.
(c) A mandatory participant in the Integrated
				  Care Management (ICM) Program must receive primary home care (PHC) and Title
				  XIX day activity and health services (DAHS) through the ICM Program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2902 - Income and Income Eligibles

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for community care for aged and disabled
					 services the applicant/client must:
(1) be categorically eligible by receiving
				  supplemental security income, aid to families with dependent children, food
				  stamps, Medicaid, specified low-income Medicare beneficiary (SLMB), or
				  qualified Medicare beneficiary (QMB) benefits; or
(2) be income eligible. The
				  applicant/client's and spouse's countable income must be equal to or less than
				  the income limit set by the department. For an individual, this amount is the
				  same as the special income limit set for institutional care (medical assistance
				  only) by the Texas Legislature. For a couple, the income limit is twice the
				  special income limit.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2904 - Income from Excludable Sources

Current through Reg. 49, No. 28; July 12, 2024
Income may be fully or partially countable, or may be
					 excluded from the current eligibility budget. Excludable income will continue
					 to be monitored by the caseworker at each financial review to determine how
					 eligibility is affected. Excludable sources of income include:
(1) deductions from earned income, including
				  social security payments, Medicare premium payments, bonds, pensions, and union
				  dues;
(2) the first $65 of a
				  client's (or couple's) net earned income, plus 1/2 of the remainder;
(3) loans, grants, scholarships, and
				  fellowship funds obtained and used under conditions that preclude their use for
				  current living costs. Any portion used to pay any other expense (room, board,
				  books, etc.) cannot be excluded;
(4) Veterans Administration
				  aid-and-attendance benefits, homebound elderly benefits, and payments to
				  certain eligible veterans for purchase of medications;
(5) infrequent or irregular income (income
				  received less frequently than once a month) that averages $20 per month or
				  less;
(6) 1/3 of the total amount
				  of child support payments for an eligible child; and
(7) allowable exclusions from self-employment
				  income, as indicated on the following chart.
Attached
					 Graphic
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2905 - Income from Exempt Sources

Current through Reg. 49, No. 28; July 12, 2024
Exempt income is not included in the income eligibility
					 calculation. Once identified and documented, caseworkers will not be required
					 to monitor exempt income at subsequent financial redeterminations. Sources of
					 exempt income include:
(1) interest
				  income.
(2) cash received from the
				  sale of a resource. This cash is a resource, not income.
(3) income of minor children who are
				  supported by or dependent upon the client.
(4) refunds from the Internal Revenue Service
				  for earned income tax credit.
(5)
				  reimbursement from an insurance company for health insurance claims.
(6) any cash from a non-governmental medical
				  or social services organization if the cash is:
(A) for medical or social services already
				  received by the individual and approved by the organization, and which does not
				  exceed the value of those services; or
(B) a payment restricted to the future
				  purchase of a medical or social service.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2906 - Age

Current through Reg. 49, No. 28; July 12, 2024
(a) A person must be 18 years of age or
				  older, or an emancipated minor, to receive Community Care for the Aged and
				  Disabled (CCAD) services, except:
(1) a
				  person of any age may receive CCAD Medicaid-funded day activity and health
				  services;
(2) a person of any age
				  who is not eligible for the Texas Health Steps program may receive CCAD
				  Medicaid-funded community attendant services; and
(3) a person must be 21 years of age or older
				  to receive CCAD primary home care services, except a current CCAD primary home
				  care services consumer who is eligible for Texas Health Steps and who becomes
				  21 years of age on or before February 29, 2008.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2907 - Need

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS uses the DADS Needs Assessment
				  Questionnaire and Task/Hour Guide form to determine an applicant's or
				  individual's functional need and unmet need for:
(1) community attendant services;
(2) family care services;
(3) Primary Home Care Program;
(4) Home Delivered Meals Program;
(5) adult foster care;
(6) Residential Care Program;
(7) emergency response services;
				  and
(8) Special Services to Persons
				  with Disabilities Program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2910 - Service Availability

Current through Reg. 49, No. 28; July 12, 2024
Some services and programs described in this chapter are
					 not available in all geographic areas of Texas.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2911 - Family Care

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for
				  family care, the applicant/client must:
(1)
				  meet the income and resource guidelines established by the department in
				  §§
											48.2902,
				  48.2903,
				  48.2922, and
				  48.2923 of
				  this title (relating to Income and Income Eligibles; Determination of Countable
				  Income; Resource Limits; and Countable Resources);
(2) meet the minimum functional need criteria
				  as set by the department. The department uses a standardized assessment
				  instrument to measure the client's ability to perform activities of daily
				  living. This yields a score, which is a measure of the client's level of
				  functional need. The department sets the minimum required score for a client to
				  be eligible, which the department may periodically adjust commensurate with
				  available funding. The department will seek stakeholder input before making any
				  change in the minimum required score for functional eligibility; and
(3) be ineligible to receive attendant care
				  services funded through Medicaid.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2912 - Home-Delivered Meals

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for home-delivered meals, applicants and
					 clients must meet the functional need criteria as set by the department. The
					 department uses a standardized assessment instrument to measure the client's
					 ability to perform activities of daily living. This yields a score, which is a
					 measure of the client's level of functional need. The department sets the
					 minimum required score for a client to be eligible, which the department may
					 periodically adjust commensurate with available funding. The department will
					 seek stakeholder input before making any change in the minimum required score
					 for functional eligibility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2913 - Adult Foster Care

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for adult foster care, applicants and
					 clients must have the approval of the Community Care for Aged and Disabled unit
					 supervisor and meet the functional need criteria as set by the department. The
					 department uses a standardized assessment instrument to measure the client's
					 ability to perform activities of daily living. This yields a score, which is a
					 measure of the client's level of functional need. The department sets the
					 minimum required score for a client to be eligible, which the department may
					 periodically adjust commensurate with available funding. The department will
					 seek stakeholder input before making any change in the minimum required score
					 for functional eligibility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2914 - Special Services to Persons with Disabilities

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for special services to persons with
					 disabilities, clients must meet the functional need criteria as set by the
					 department. The department uses a standardized assessment instrument to measure
					 the client's ability to perform activities of daily living. This yields a
					 score, which is a measure of the client's level of functional need. The
					 department sets the minimum required score for a client to be eligible, which
					 the department may periodically adjust commensurate with available funding. The
					 department will seek stakeholder input before making any change in the minimum
					 required score for functional eligibility. Applicants may be admitted to the
					 attendant services program only if their needs do not exceed the program's
					 available services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2915 - Day Activity and Health Services

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for day activity and health services (DAHS),
					 an applicant or client must:
(1) be
				  Medicaid eligible or meet the income and resource guidelines established in
				  §§
										48.2902,
				  48.2903,
				  48.2922, and
				  48.2923 of
				  this chapter (relating to Income and Income Eligibles; Determination of
				  Countable Income; Resource Limits; and Countable Resources);
(2) have an unmet need for DAHS as determined
				  by DADS;
(3) while receiving DAHS,
				  not receive a service that is identified as being mutually exclusive to DAHS in
				  the Mutually Exclusive Services table in Appendix XX of the Case Manager
				  Community Care for Aged and Disabled Handbook available at
				  www.dads.state.tx.us;
(4) have a
				  chronic medical diagnosis and physician's orders for DAHS on the DADS Day
				  Activity and Health Services (DAHS) Physician's Orders form; and
(5) have one or more functional limitations
				  and the potential for receiving therapeutic benefit from DAHS as determined by
				  DADS review of the Day Activity and Health Services (DAHS) Health
				  Assessment/Individual Service Plan form completed in accordance with §
										98.203
				  of this title (relating to Written Referrals for Services) or §
										98.204
				  of this title (relating to DAHS Facility-Initiated Referrals).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2917 - Case Management Services

Current through Reg. 49, No. 28; July 12, 2024
Clients must meet the eligibility criteria for CCAD
					 services, but they do not have to receive the services to receive case
					 management. Ineligible applicants receiving only information and referral
					 services are not eligible for case management.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2919 - Time Allocation for Escort Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Allocation of time for escort services on
				  the client needs assessment is allowed only if it can be documented that one of
				  the following occurs at least once a month:
(1) accompanying the client to a clinic,
				  doctor's office, or other trips made for the purpose of obtaining medical
				  diagnosis or treatment; or
(2)
				  waiting in the doctor's office or clinic with a client when necessary due to
				  the client's condition and/or distance from home.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2920 - Residential Care

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility for
				  residential care is based on the following criteria:
(1) the applicant must be income eligible or
				  Medicaid eligible (not in an institution);
(2) the applicant must meet the functional
				  need criteria as set by the department. The department uses a standardized
				  assessment instrument to measure the client's ability to perform activities of
				  daily living. This yields a score, which is a measure of the client's level of
				  functional need. The department sets the minimum required score for a client to
				  be eligible, which the department may periodically adjust commensurate with
				  available funding. The department will seek stakeholder input before making any
				  change in the minimum required score for functional eligibility;
(3) the applicant's needs may not exceed the
				  facility's capability under its licensed authority; and
(4) the applicant must have financial
				  resources at or below the level established by the department.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2921 - Emergency Care

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility for
				  emergency care is based on the following criteria.
(1) The applicant:
(A) has lost his home or caregiver;
				  or
(B) has been discharged from a
				  hospital or institution; or
(C) is
				  in a similar emergency situation; and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2922 - Resource Limits

Current through Reg. 49, No. 28; July 12, 2024
An individual applicant or client is not eligible for
					 community care for aged and disabled (CCAD) services if the value of nonexempt
					 resources owned by him exceeds $5,000. A couple is not eligible for CCAD
					 services if the value of nonexempt resources they own exceeds
					 $6,000.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2923 - Countable Resources

Current through Reg. 49, No. 28; July 12, 2024
In determining eligibility for CCAD services, the
					 department considers the following to be resources.
(1) Liquid resources including cash on hand,
				  certificates of deposit, checking or savings accounts, money market funds,
				  revocable trust funds, savings certificates, stocks, or bonds. Liquid resources
				  also include the individual's or couple's portion of money in a checking or
				  savings account or a money market fund held jointly with a another person.
(A) Jointly held liquid resources are the
				  resources of the applicant/client if he has unrestricted access to the funds
				  regardless of the source. The applicant/client may move his portion of jointly
				  held funds in a joint account to a new account. The new account may be jointly
				  owned, but all funds in the new account are his.
(B) Money received as a nonrecurring lump sum
				  payment is not considered a resource until 30 days from the date of receipt.
				  Lump sum payments include, but are not limited to, income tax refunds; earned
				  income tax credits or rebates; one-time bonuses from mineral rights;
				  retroactive lump sum social security, SSI, or railroad retirement benefits;
				  lump sum insurance settlements; one-time gifts, awards, or prizes; and refunds
				  from rental or utility deposits. The applicant/client is responsible for
				  reporting the receipt of a lump sum payment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2924 - Resource Exclusions

Current through Reg. 49, No. 28; July 12, 2024
In determining eligibility for CCAD services, the
					 department does not consider the following to be resources. They are considered
					 to be excluded for eligibility purposes. Any item not listed as an exclusion is
					 considered a resource:
(1) homestead.
				  Any structure used by the client as a residence, including other buildings and
				  all contiguous land. Mobile homes, houseboats, and motor homes are considered
				  structures. Vacant property is not a homestead. Contiguous land means all land
				  adjacent to the home, including any land separated only by roads, rivers, and
				  streams. Land is contiguous as long as it is not separated by property owned by
				  another person. The homestead is excluded as a resource regardless of its
				  location, even if the client no longer lives there (unless he has purchased
				  another residence). If he owns two houses, his homestead is the property he
				  uses as a residence. Only one homestead may be excluded for each client or
				  couple;
(2) personal property.
				  Household goods and personal effects;
(3) property essential to employment. Tools
				  and equipment required for employment or self-employment;
(4) prepaid burials. Prepaid burial
				  arrangements, burial insurance, and burial plots;
(5) life insurance. The cash surrender value
				  of all life insurance;
(6)
				  vehicles. One passenger car or other vehicle, such as a van or truck, used for
				  transportation; or one unlicensed vehicle.
(A) A second vehicle may be excluded if it
				  is:
(i) specially equipped to enable a person
				  with a disability to drive; or
(ii)
				  essential to the employment or self-employment of the family.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2928 - Emergency Response Services

Current through Reg. 49, No. 28; July 12, 2024
To be eligible for emergency response services, a client
					 must:
(1) meet the functional need
				  criteria as set by the department. The department uses a standardized
				  assessment instrument to measure the client's ability to perform activities of
				  daily living. This yields a score, which is a measure of the client's level of
				  functional need. The department sets the minimum required score for a client to
				  be eligible, which the department may periodically adjust commensurate with
				  available funding. The department will seek stakeholder input before making any
				  change in the minimum required score for functional eligibility; and
(2) meet the following requirements:
(A) live alone, be alone routinely for eight
				  or more hours each day, or live with an incapacitated individual who could not
				  call for help or otherwise assist the client in an emergency;
(B) be mentally alert enough to operate the
				  equipment properly, in the judgment of the DHS caseworker;
(C) have a telephone with a private line, if
				  the system requires a private line to function properly;
(D) be willing to sign a release statement
				  that allows the responder to make a forced entry into the client's home if he
				  is asked to respond to an activated alarm call and has no other means of
				  entering the home to respond; and
(E) live in a place other than a skilled
				  institution, assisted living facility, foster care setting, or any other
				  setting where 24-hour supervision is available.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter H - ELIGIBILITY › Section 48.2929 - Residential Care Services

Current through Reg. 49, No. 28; July 12, 2024
A residential care client cannot receive supervised living
					 and primary home care at the same time.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 48 - COMMUNITY CARE FOR AGED AND DISABLED › Subchapter I - CASE MANAGEMENT › Section 48.3902 - Recertification

Current through Reg. 49, No. 28; July 12, 2024
(a) To continue receiving services, the
				  client must meet the CCAD eligibility requirements at the time of
				  recertification of financial eligibility and reassessment of needs.
(b) An applicant whose services were
				  terminated in the past due to his or someone in his home being a threat to the
				  health or safety of the client, department staff, or provider agency staff may
				  be authorized services if the applicant signs a form authorizing release of
				  information, and:
(1) The applicant/person in
				  the home who posed the threat has been treated or is receiving treatment by a
				  licensed or certified physician, psychiatrist, or psychologist and can furnish
				  a letter saying that he is no longer a threat to himself or others;
				  or
(2) The applicant/person in the
				  home allows a collateral contact with his physician, psychiatrist, or
				  psychologist, and the contact indicates that the applicant is no longer a
				  threat to himself or others; or
(3)
				  The person in the home who posed the threat no longer poses the
				  threat.