reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter A - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 278.21 - Recertification

Current through Reg. 49, No. 28; July 12, 2024
(a) Recertification
				  occurs after 12 months of continuous program eligibility. To be recertified,
				  the consumer must:
(1) provide updated
				  eligibility information to the In-Home and Family Support Program
				  caseworker;
(2) furnish current
				  income verification; and
(3)
				  complete a new program participant agreement.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter A - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 278.25 - Transition to Life in the Community (TLC) Client Eligibility Criteria

Current through Reg. 49, No. 28; July 12, 2024
To be eligible to receive benefits from the In-home and
					 Family Support (IHFSP) TLC program, the individual must:
(1) not have received prior benefits through
				  the TLC program.
(2) be a Texas
				  Medicaid recipient who resides in a licensed nursing facility.
(3) be expected to be able to move to a
				  community setting within 60 days after transition funds are made available to
				  the individual.
(4) participate in
				  developing a budget that indicates the financial ability to maintain ongoing
				  household expenses after the temporary TLC assistance, including any temporary
				  rental assistance, has been exhausted.
(5) need assistance with relocation expenses
				  that cannot be met by other resources owned by, or available to, the
				  individual.
(6) be accepted for
				  services in one of the following service programs:
(A) Community Based Alternatives
				  (CBA);
(B) Community Living
				  Assistance and Support Services (CLASS);
(C) Medically Dependent Children Program
				  (MDCP);
(D) Deaf-Blind with
				  Multiple Disabilities (DB-MD);
(E)
				  other DHS community care service programs; or
(F) other Medicaid-funded community-based
				  service program offering ongoing services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter A - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 278.27 - Application for Transition to Life in the Community (TLC) Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  requesting TLC benefits, or an authorized representative, must sign an
				  application for TLC benefits.
(b)
				  An individual requesting TLC services must agree in writing to:
(1) provide to the Texas Department of Human
				  Services (DHS) receipts for all goods, services, or supplies purchased with
				  program funds and make restitution to DHS for funds that were not spent and/or
				  were spent for goods, services, or supplies that were not approved by DHS;
				  and
(2) return or release any
				  unspent TLC funds if unable to move to a community setting within 60 days after
				  the funds are made available. A single extension of 60 days may be allowed if
				  the individual can provide a plan to move to the community within the 60-day
				  extension period.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter A - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 278.29 - Transition to Life in the Community (TLC) Program Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) TLC program benefits are contingent upon
				  the availability of funds budgeted for this program to the Texas Department of
				  Human Services (DHS).
(b) An
				  eligible individual may receive up to a maximum of $2,500 to pay for the
				  following expenses related to moving and household start-up costs, if the
				  expenses are approved by the case manager and DHS:
(1) expenses directly related to moving, such
				  as the cost of paying others to move household belongings, the cost of moving
				  cartons, and the cost of transporting the individual to the community
				  setting;
(2) rent deposits, limited
				  to the first and last month's rent plus reasonable damage and security
				  deposits;
(3) utility deposits,
				  including deposits required by electricity, gas, water, wastewater, telephone,
				  and sanitation companies;
(4)
				  cooking utensils, dishes, cleaning supplies, furniture, appliances, towels,
				  sheets, blankets, and other items needed to set up a household;
(5) other moving-related expenses and
				  household start-up costs approved by the case manager and DHS; and
(6) temporary rental assistance
				  payments.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter A - IN-HOME AND FAMILY SUPPORT PROGRAM › Section 278.31 - Transition to Life in the Community (TLC) Client Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) The individual requesting TLC funds, or
				  the authorized representative acting on the individual's behalf, will be
				  notified if the individual's name is placed on an interest list because funds
				  are not available at the time of the request.
(b) The individual requesting TLC funds, or
				  the authorized representative, will receive written notification after a
				  decision has been made regarding eligibility for TLC benefits. If the
				  individual is determined eligible, the written notice states the amount of the
				  benefits the individual will receive.
(c) The individual who has been notified of
				  the eligibility decision regarding TLC funds may request a hearing to appeal
				  the denial of eligibility or the amount of benefits, if the benefits are less
				  than the maximum benefit of $2,500 and if the request is made within 90 days of
				  the date of notification of the eligibility decision.
(d) If an individual is denied TLC funds
				  because they receive housing for which TLC rental assistance is not required,
				  or receive subsidized housing from the U.S. Department of Housing and Urban
				  Development, the Texas Department of Housing and Community Affairs, a local
				  public housing authority, or other program providing housing or rental
				  assistance, the denial will not be affected by an appeal.
(e) The maximum funds available for all
				  approved transition expenses to an individual under the TLC program is $2,500,
				  with no additional funds available even if an individual files an
				  appeal.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter B - MINIMUM STANDARDS FOR ADULT FOSTER CARE › Section 278.101 - Compliance with Rules

Current through Reg. 49, No. 28; July 12, 2024
Providers of adult foster care services must comply with
					 this subchapter and Chapter 49 of this title (relating to Contracting for
					 Community Services).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter B - MINIMUM STANDARDS FOR ADULT FOSTER CARE › Section 278.105 - Substitute Provider Qualifications

Current through Reg. 49, No. 28; July 12, 2024
A substitute provider must meet the requirements specified
					 in §48.8902(a)(1) - (8), (12), and (16) of this subchapter (relating to
					 Provider Qualifications) and §
										48.8904
					 of this subchapter (relating to Individuals Who May Not Provide Adult Foster
					 Care Services). The Department of Aging and Disability Services reserves the
					 right to disapprove a substitute provider or attendant. The provider must
					 orient any substitute caregiver to the home and the residents to the
					 following:
(1) the location of fire
				  extinguishers;
(2) evacuation
				  procedures;
(3) location of
				  residents' records;
(4) location of
				  telephone numbers for the residents' physicians, the provider, and other
				  emergency contacts;
(5) location of
				  medications;
(6) introduction to
				  residents; and
(7) instructions for
				  caring for each resident.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter B - MINIMUM STANDARDS FOR ADULT FOSTER CARE › Section 278.107 - Individuals Who May Not Provide Adult Foster Care Services

Current through Reg. 49, No. 28; July 12, 2024
Individuals who are disqualified under the Health and
					 Safety Code, Chapter 250, may not provide adult foster care
					 services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter B - MINIMUM STANDARDS FOR ADULT FOSTER CARE › Section 278.109 - Home Enrollment Requirements

Current through Reg. 49, No. 28; July 12, 2024
All homes in which adult foster care is provided
					 must:
(1) have bedrooms with at least
				  80 square feet of floor space in a single occupancy room, and at least 60
				  square feet of floor space per client in a double occupancy room. The bedrooms
				  must:
(A) be close enough in proximity to the
				  provider to alert the provider to nighttime needs or emergencies, or they must
				  be equipped with a call bell or intercom;
(B) have been constructed as sleeping areas
				  when the home was built, or have been remodeled under permit that meets local
				  requirements;
(C) be finished with
				  walls or partitions of standard construction which go from floor to ceiling;
				  and
(D) be ventilated and lighted
				  with at least one window that will open freely and remain open from the inside
				  without special tools;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter B - MINIMUM STANDARDS FOR ADULT FOSTER CARE › Section 278.111 - Enrollment and Licensure Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To receive payment from the Department of
				  Aging and Disability Services (DADS), an adult foster care provider must:
(1) not exceed the capacity for which an
				  adult foster care home is enrolled or licensed regardless of whether the
				  residents are receiving adult foster care services or private pay
				  services;
(2) serve only those
				  foster care and private pay residents approved by DADS to ensure that the
				  provider can meet the needs of all residents;
(3) not provide room and board to any
				  individuals who are under 18 years of age and who are not related to the
				  provider;
(4) comply with all
				  applicable fire, health, and safety laws, ordinances, and
				  regulations;
(5) obtain the
				  necessary fire safety and health inspections and comply with any resulting
				  requirements;
(6) be inspected at
				  least annually by fire safety authorities and meet or exceed the regulations.
				  The provider must correct any hazardous conditions identified in the inspection
				  within the time specified by the inspector, or before DADS
				  enrollment/reassessment of the home, whichever is earlier;
(7) be inspected at least annually by health
				  authorities and meet or exceed the regulations. If local health authorities are
				  unable to inspect the home, adult foster care staff may conduct the inspection
				  using the health inspection checklist. The provider must correct any unsanitary
				  and unsafe conditions identified by the inspection within the time specified by
				  the inspector, or before DADS enrollment/reassessment of the home, whichever is
				  earlier;
(8) demonstrate the
				  ability to evacuate all residents from the home within three minutes;
(9) interview a prospective resident before
				  or at the time of admission to determine the needs of the prospective resident
				  and whether the home can meet these needs;
(10) orient any new resident, within 72 hours
				  of arrival, on fire safety, how to respond to a fire alarm, and how to exit
				  from the home in an emergency; and
(11) except in the case of emergency
				  evacuations, notify DADS of a change of residence before the change. The new
				  home must meet all adult foster care requirements and be enrolled in the adult
				  foster care program before payments can be made. Enrollment is not
				  retroactive.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 278 - ADULT FOSTER CARE (AFC) PROGRAM › Subchapter B - MINIMUM STANDARDS FOR ADULT FOSTER CARE › Section 278.113 - Provider Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Resident care and services. The adult foster care provider must:
(1) provide services to residents according
				  to the individual service plan and the resident/provider agreement;
(2) meet all requirements and conditions
				  stated on the resident/provider agreement, approval of foster care, and
				  resident service plan;
(3) ensure
				  that an approved substitute provider is present in the home if at least one
				  resident remains in the home when the provider plans to be absent from the home
				  for more than three hours in a 24-hour period. Residents whose care plans
				  specify the need for 24-hour supervision may not be left without the
				  supervision of an approved substitute provider for any period of
				  time;
(4) receive prior approval
				  from the adult foster care caseworker or supervisor if he plans to be absent
				  for more than 24 hours. The proposed substitute provider must have prior
				  Department of Aging and Disability Services (DADS) approval. The provider must
				  ensure that the substitute provider is aware of and takes responsibility for
				  meeting resident needs and providing services according to the residents
				  service plans and the requirements of these standards. If two adults in the
				  home have been approved as dual providers, this notification is not necessary
				  when one provider leaves for more than 24 hours;
(5) ensure that residents are not abused,
				  neglected, or exploited while in foster care. Validated reports of the
				  provider, the provider's family, or employees willfully inflicting injury,
				  physical suffering, intimidation, or mental anguish on any resident in the home
				  shall constitute grounds for immediate removal of the home from
				  enrollment;
(6) respond to,
				  investigate, and document resident complaints and report unresolved complaints
				  to the adult foster care caseworker within five days of receipt of the
				  complaint;
(7) have clearly defined
				  house rules, including smoking policies. House rules must be shared with the
				  resident before moving to the foster home;
(8) take appropriate action if he finds that
				  a resident threatens the health or safety of others or himself; and
(9) provide the resident with a final
				  accounting of the resident's funds and refund any monies owed to the resident
				  within five days of discharge. Any unused room and board money must be
				  reimbursed within 30 days.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter A - INTRODUCTION › Section 279.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter establishes the requirements for a provider
					 contracting to provide emergency response services (ERS) to individuals through
					 the Department of Aging and Disability Services (DADS) Community Based
					 Alternatives (CBA) Program, the Consolidated Waiver Program (CWP), and the
					 Community Care for Aged and Disabled (CCAD) ERS Program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter B - CONTRACTING REQUIREMENTS › Section 279.21 - General Contracting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  provider must comply with this chapter and Chapter 49 of this title (relating
				  to Contracting for Community Services).
(b) A provider must:
(1) have emergency monitoring capability 24
				  hours a day, seven days a week; and
(2) be equipped to provide verifiable data
				  using technology capable of producing a printed record of:
(A) the type of alarm code (test, accidental,
				  or emergency);
(B) the unit
				  subscriber number;
(C) the date;
				  and
(D) the time of the activated
				  alarm in seconds.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter B - CONTRACTING REQUIREMENTS › Section 279.23 - Written Notification

Current through Reg. 49, No. 28; July 12, 2024
Any written notification to DADS from a provider required
					 by this chapter must be sent by mail, fax, or hand-delivery, unless otherwise
					 specified. E-mail is not an acceptable form of written
					 notification.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter C - STAFF REQUIREMENTS › Section 279.51 - Provider Staff Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Coordinator. A coordinator must:
(1)
				  understand the rules of this chapter and ERS procedures; and
(2) be able to communicate with:
(A) other provider staff;
(B) an individual;
(C) the case manager; and
(D) other people involved with ERS.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter C - STAFF REQUIREMENTS › Section 279.53 - Responders

Current through Reg. 49, No. 28; July 12, 2024
(a) Responder responsibilities. A responder
				  must:
(1) go to the individual's home if an
				  alarm call is made to a provider; and
(2) take appropriate action, including
				  contacting public service personnel, based on the situation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter D - SERVICE DELIVERY › Section 279.71 - Referrals

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider must accept all DADS referrals
				  for ERS.
(b) DADS refers an
				  individual to a provider either with a negotiated referral or a routine
				  referral.
(1) A case manager makes a
				  negotiated referral:
(A) by phone;
				  and
(B) on DADS' Notification of
				  Community Based Alternatives (CBA) Services, Authorization of Community Care
				  Services, or Notification of Consolidated Waiver Program (CWP) Services
				  form.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter D - SERVICE DELIVERY › Section 279.73 - Service Initiation

Current through Reg. 49, No. 28; July 12, 2024
(a) Service
				  initiation requirements. To initiate services, a provider must:
(1) secure responders, as described in
				  §52.303 of this chapter (relating to Responders);
(2) install the equipment as described in
				  §52.405 of this chapter (relating to Equipment Installation);
(3) train an individual on the use of the
				  equipment, including:
(A) demonstrating how
				  the equipment works; and
(B) having
				  the individual activate an alarm call;
(4) explain to the individual:
(A) that the individual must participate in a
				  system check each month;
(B) that
				  the individual must contact the provider if:
(i) his telephone number or address changes;
				  or
(ii) one or more of his
				  responders change; and
(C) that the individual must not willfully
				  abuse or damage the equipment;
(5) inform the individual that a responder
				  can forcibly enter an individual's home if necessary;
(6) obtain a signed release for forcible
				  entry; and
(7) inform an individual
				  of the procedures for filing a complaint against a provider.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter D - SERVICE DELIVERY › Section 279.75 - Equipment Installation

Current through Reg. 49, No. 28; July 12, 2024
(a) During an
				  initial home visit, an installer must:
(1)
				  install and make an initial test of the equipment;
(2) ensure that the equipment has an
				  alternate power source in the event of a power failure;
(3) install within limits set forth in
				  manufacturers' installation instructions; and
(4) if necessary:
(A) purchase a telephone extension
				  cord;
(B) connect and run a
				  telephone extension cord not to exceed 50 feet between the wall jack and the
				  equipment; and
(C) safely tack the
				  telephone extension cord against the wall or floorboard to prevent a hazard to
				  an individual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter D - SERVICE DELIVERY › Section 279.77 - System Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of a system check is to ensure:
(1)
				  that an individual can successfully make an alarm call; and
(2) that the equipment is working
				  properly.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter D - SERVICE DELIVERY › Section 279.79 - Alarm Calls

Current through Reg. 49, No. 28; July 12, 2024
(a) Response time.
				  A provider must respond to an alarm call within 60 seconds of the alarm, 24
				  hours a day, seven days a week.
(b)
				  Response to alarm calls. A provider must, in response to an alarm call:
(1) record the response time in
				  seconds;
(2) attempt to contact the
				  individual to verify that an emergency exists before contacting a responder;
				  and
(3) immediately contact a
				  responder if:
(A) the individual verifies
				  there is an emergency; or
(B) the
				  provider is unable to reach the individual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter D - SERVICE DELIVERY › Section 279.81 - Equipment Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) Equipment
				  failure. A provider must:
(1) contact an
				  individual by the end of the next working day after learning of an equipment
				  failure; and
(2) replace the
				  equipment:
(A) by the end of the next working
				  day after learning of an equipment failure if the individual is available;
				  or
(B) by the end of the third
				  working day after learning of an equipment failure if the individual is not
				  available within one working day.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter D - SERVICE DELIVERY › Section 279.83 - Interdisciplinary Team

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Interdisciplinary team (IDT). An IDT is a designated group of people who meet
				  when the need arises to discuss service delivery issues. An IDT meeting must
				  include:
(1) the individual or the
				  individual's representative or both;
(2) a provider representative; and
(3) a DADS representative, who is:
(A) a case manager (or designee);
(B) a contract manager (or designee);
				  or
(C) a regional nurse (or
				  designee).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter D - SERVICE DELIVERY › Section 279.95 - Changes in an Individual's Surroundings

Current through Reg. 49, No. 28; July 12, 2024
A provider must provide written notification to the case
					 manager within seven days after becoming aware of a change in an individual's
					 surroundings. Examples of a change include:
(1) a change of address; and
(2) a change in household
				  composition.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter D - SERVICE DELIVERY › Section 279.97 - Required Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) Required
				  notification. A provider must provide written notification to the case manager
				  if:
(1) an individual complains of
				  pain;
(2) an individual requests
				  that services end;
(3) an
				  individual is temporarily admitted to an institution;
(4) an individual abuses the service by
				  activating:
(A) four false alarms within a
				  six-month period that result in a response by the fire department, police,
				  sheriff, or ambulance; or
(B) 20
				  false alarms of any kind within a six-month period;
(5) a provider makes three unsuccessful
				  attempts for three consecutive months to contact an individual for a monthly
				  system check;
(6) an individual or
				  someone in an individual's home engages in illegal discrimination against a
				  provider staff or DADS employee; or
(7) an individual or someone in an
				  individual's home exhibits reckless behavior, which may result in imminent
				  danger to the health and safety of the individual, provider staff, or another
				  person. If this occurs, the provider must immediately notify:
(A) the Department of Family and Protective
				  Services or other appropriate protective services agency;
(B) local law enforcement, if appropriate;
				  and
(C) the case manager.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter D - SERVICE DELIVERY › Section 279.99 - Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) Required suspensions. A provider must
				  suspend services to an individual if the individual:
(1) permanently leaves the state or moves to
				  a county where the provider does not contract with DADS to provide
				  ERS;
(2) permanently moves to a
				  location where ERS cannot be provided, such as an assisted living
				  facility;
(3) dies;
(4) is admitted to an institution for more
				  than 120 consecutive days; or
(5)
				  is no longer mentally alert enough to operate the equipment properly.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter D - SERVICE DELIVERY › Section 279.101 - Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) If DADS terminates ERS, a provider may be
				  paid for the last month of service, regardless of how many days of service were
				  provided that month, if:
(1) the provider has
				  already conducted a system check that month before the termination of
				  services;
(2) the provider
				  conducted a system check on the day it picked up the equipment; or
(3) the provider could not complete a system
				  check because:
(A) the individual's telephone
				  was disconnected;
(B) the
				  individual damaged the equipment;
(C) the equipment was picked up at a location
				  other than the individual's home; or
(D) the individual changed his telephone
				  number or address without allowing the provider to remove the equipment from
				  the individual's home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter E - CLAIMS PAYMENT AND DOCUMENTATION › Section 279.151 - Record Keeping

Current through Reg. 49, No. 28; July 12, 2024
Individual's file. A provider must maintain the following
					 information for each individual:
(1)
				  the individual's name, telephone number, address, and medical
				  condition;
(2) the name and
				  telephone number of each responder;
(3) a record of all completed and attempted
				  system checks;
(4) a record of each
				  alarm call;
(5) a copy of all
				  required notices sent to the case manager;
(6) a signed release for forcible
				  entry;
(7) acknowledgement that the
				  equipment belongs to the provider;
(8) if applicable, documentation showing
				  approval for the continuation of service delivery; and
(9) if applicable, documentation showing that
				  service delivery is suspended.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 279 - CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES › Subchapter E - CLAIMS PAYMENT AND DOCUMENTATION › Section 279.153 - Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) Unit rate ceiling. A provider must agree
				  to accept and DADS pays only the unit rate ceiling established by the Health
				  and Human Services Commission.
(b)
				  Documentation. The provider must maintain the documentation described in this
				  chapter to be eligible for payment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 280 - PEDIATRIC TELECONNECTIVITY RESOURCE PROGRAM FOR RURAL TEXAS › Section 280.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter implements Texas Government
				Code, Chapter 541, which authorizes the Texas Health and Human Services
				Commission (HHSC) to establish a pediatric tele-connectivity resource program
				for rural Texas by awarding grants to support nonurban health care facilities
				in establishing the capability to provide pediatric telemedicine services.
(b) The Pediatric
				Tele-Connectivity Resource Program for Rural Texas will continue until all
				appropriations are expended.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 280 - PEDIATRIC TELECONNECTIVITY RESOURCE PROGRAM FOR RURAL TEXAS › Section 280.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Grant Program--The Pediatric
				Tele-Connectivity Resource Program for Rural Texas.
(2) Grant recipient--A nonurban health care
				facility awarded a grant under this chapter.
(3) HHSC--The Texas Health and Human Services
				Commission.
(4) Nonurban health
				care facility--As defined by Texas Government Code §
									541.001(1).
(5) Pediatric tele-specialty provider--As
				defined by Texas Government Code §
									541.001(4).
(6) Telemedicine medical services--As defined
				by Texas Government Code §
									541.001(7).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 280 - PEDIATRIC TELECONNECTIVITY RESOURCE PROGRAM FOR RURAL TEXAS › Section 280.5 - Grant Program Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) Use
				of grant funds. A grant recipient uses grant funds awarded under this chapter:
(1) to purchase equipment necessary for
				implementing telemedicine medical services;
(2) to modernize the facility's information
				technology infrastructure and secure information technology support to ensure
				an uninterrupted two-way video signal that is compliant with the Health
				Insurance Portability and Accountability Act of 1996 (
				Pub.
				L. No. 104-191 ), as referenced in Texas
				Government Code, §
										541.003;
(3) to pay a contracted pediatric
				tele-specialty provider for telemedicine medical services; or
(4) to pay for other activities, services,
				supplies, facilities, resources, and equipment that HHSC determines necessary
				for the grant recipient to use telemedicine medical services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter establishes the requirements for provider
				  agencies providing home-delivered meals to eligible adults through the Texas
				  Department of Human Services' Home-Delivered Meals Program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.5 - Contracting Requirements for Provider Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider agency must comply with
				Chapter 49 of this title (relating to Contracting for Community
				Services).
(b) A provider agency
				and its subcontractors must comply with reporting requirements for the USDA
				incentive program.
(1) The reporting
				requirements of the USDA incentive program are provided annually through a DADS
				memo to contracted agencies.
(2) A
				provider agency must maintain documentation of all eligible meals delivered
				under the USDA incentive program according to the terms of the
				contract.
(3) This subsection does
				not apply to Title XIX (Medicaid) funded home-delivered meals
				contracts.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.7 - Staff Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				provider agency must use the services of a dietary consultant who is:
(1) a dietitian licensed by the Texas State
				Board of Examiners of Dietitians; or
(2) has a baccalaureate degree whose major
				field of study is in food and nutrition, dietetics, or food service
				management.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.9 - Training Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				provider agency must provide and document at least one hour of training
				initially to all staff, including volunteers, who come in contact with clients
				by serving and/or delivering meals before the staff or volunteers assume
				duties. The training must be provided in person or in a written document
				approved by the contract manager. Training topics must include:
(1) client confidentiality;
(2) procedures used in handling emergency
				situations involving clients;
(3)
				sanitary methods used in serving and delivering meals;
(4) general knowledge and basic techniques of
				working with the aged and individuals with disabilities; and
(5) personal hygiene.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.11 - Nutrition Education

Current through Reg. 49, No. 28; July 12, 2024
A provider agency must provide nutrition education on a
				  monthly basis, either verbally or in writing, to clients. An annual written
				  plan for nutrition education must be developed, identifying subject matter,
				  method of presentation, materials used, and source of the information
				  presented. This plan must be maintained according to the terms of the
				  contract.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.13 - Compliance with Laws and Regulations

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider agency must follow procedures
				and maintain facilities that comply with all applicable state and local laws
				and regulations related to fire, health, sanitation, and safety; and food
				preparation, handling, and service activities.
(b) A provider agency must provide a copy of
				all required inspection results to the contract manager within five calendar
				days of the provider agency's receipt of the results.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.15 - Menus

Current through Reg. 49, No. 28; July 12, 2024
(a) A dietary
				consultant must approve each menu with a list of allowable substitutions as
				meeting one-third of the recommended daily dietary allowance. The approval must
				be dated before the date the meal is served. A provider agency may not deviate
				from the approved menu and its allowable substitutions, unless the provider
				agency is providing a therapeutic medical diet.
(b) Planned menus must provide foods with a
				variety of flavor, consistency, texture, and temperature.
(c) A provider agency must maintain approved
				menus that meet the terms of the contract.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.17 - Standard Recipes

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider
				agency must plan and manage food production through the use of standardized
				recipes. These menus must be adjusted to yield the number of servings needed,
				provide consistency in quality of the food prepared, and maintain documented
				nutrient content of the food prepared.
(b) A provider agency must keep documentation
				to show it has complied with the requirements for recipes, according to the
				terms of the contract.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.19 - Modified Diets

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider
				agency must keep documentation from the client's physician of the client's need
				for a therapeutic medical diet, according to the terms of the
				contract.
(b) A provider agency
				must determine the extent to which the provider agency can provide therapeutic
				medical diets.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.21 - Frozen, Chilled, or Shelf-Stable Meals

Current through Reg. 49, No. 28; July 12, 2024
A provider agency may use frozen, chilled, or shelf-stable
				  meals for emergency or inclement weather situations, emergency situations, and
				  for situations approved by the contract manager on a case-by-case basis, if the
				  following conditions exist:
(1)
				Sanitary and safe conditions for storage, thawing, and preparation of the meal
				can be provided by the provider agency and the client.
(2) Meals can be safely handled by the
				client, or by another available person if the client is unable to do
				so.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.23 - Meal Packaging

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider
				agency must use supplies and meal transport carriers so that hot foods are
				packaged and transported separately from cold foods.
(b) A provider agency must use meal transport
				carriers to transport trays or containers of hot or cold foods that may be
				easily damaged and must enclose the carriers to protect such food from
				contamination, crushing, or spillage. The provider agency must equip these
				carriers with insulation and/or supplemental hot or cold sources, as necessary
				to maintain safe temperatures.
(c)
				Meal packaging must be:
(1) sealed to prevent
				moisture loss or spillage to the outside of the container;
(2) maintained at a safe temperature
				throughout transport;
(3) designed
				with compartments to separate food items for visual appeal and minimize
				spillage between compartments; and
(4) easy for the client to open.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.25 - Service Initiation

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider
				agency must initiate services within 10 calendar days from the effective date
				of the Texas Department of Human Services (DHS) referral.
(b) If a provider agency does not begin
				services within the 10-day period, it must notify the case manager, orally or
				by fax, by the 11th calendar day after the effective date of the DHS referral,
				or the first working day after the 11th calendar day. If the initial
				notification is oral, the provider agency must send written notification to the
				case manager within five working days of the initial verbal notification. The
				provider agency must include the reasons for the delay and the date services
				are scheduled to begin.
(c) A
				provider agency must return to the case manager the Authorization for Community
				Care Services form for Title XX services, or the Case Information form for
				Title XIX services, within 21 calendar days from the date of the referral, with
				the following information:
(1) the date
				services were initiated;
(2) the
				number of meals to be provided per week; and
(3) the scheduled days for delivering
				meals.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.27 - Service Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				provider agency must deliver hot food within four hours of the time the hot
				food is removed from cooking or reheating equipment.
(b) A provider agency must prepare and
				package meals so that delivery is made within the required delivery period of
				10:30 a.m. to 1:30 p.m. or as approved by the contract manager on a
				case-by-case basis.
(c) Food
				temperature of meals prepared and packaged for delivery at the preparation site
				must be below 41 degrees Fahrenheit for cold food items and above 140 degrees
				Fahrenheit for hot food items.
(d)
				A provider agency must provide meals according to DADS service authorization
				form.
(1) The provider agency must document
				each meal as being delivered or undelivered.
(2) The provider agency must deliver the meal
				to the individual or responsible party.
(A)
				If the individual or responsible party is not present to accept the meal, the
				provider agency must not leave the meal.
(B) The provider agency must handle
				undelivered meals in accordance with its policy on undelivered meals.
(C) The provider agency must document the
				meal as undelivered and document the reason it was unable to deliver the meal.
				Documentation must be maintained according to the terms of the contract. If
				there is no documentation available to support a reason acceptable to DADS for
				the meals being marked as undelivered, DADS considers this a break in
				service.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.29 - Significant Changes

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider
				agency must have written procedures in place to ensure it investigates and
				reports to the appropriate persons or entities any significant changes in the
				client's physical or mental condition or environment. These procedures must
				require the following:
(1) The provider
				agency notifies a client's case manager, orally or by fax, within one working
				day after becoming aware of significant changes in the client's physical or
				mental condition or environment.
(2) If the provider agency notifies the case
				manager orally, the provider agency must send written notification to the case
				manager within five working days of the initial verbal notification.
(3) The provider agency retains the following
				in its files, according to the terms of the contract:
(A) a copy of the written
				procedures;
(B) reports of
				significant changes received;
(C)
				investigations of reports; and
(D)
				a copy of the written notification to the case manager.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.31 - Provider Agency Quality Control Measures

Current through Reg. 49, No. 28; July 12, 2024
(a) A provider agency must give clients the
				opportunity to complete a customer satisfaction survey at least once every 12
				months.
(b) The provider agency
				must use the results from the completed customer satisfaction surveys to
				establish benchmarks and to make necessary improvements identified through the
				surveys.
(c) The provider agency
				must conduct monitoring at the food preparation site at least annually to
				document holding times, safe food temperatures, and quality of meals. The
				provider agency must provide a copy of the food preparation site monitoring
				results to the contract manager within five working days of the monitoring
				visit.
(d) The provider agency must
				document all quality control measures and retain them in provider agency files
				according to the terms of the contract.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.33 - Suspension of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				Title XIX and Title XX services, a provider agency must suspend an individual's
				services if:
(1) the individual leaves the
				state or moves out of the provider agency's geographic service area;
(2) the individual dies;
(3) the individual is admitted to a hospital,
				nursing facility, or institution;
(4) the individual or someone in the
				individual's home threatens the health or safety of a person delivering
				meals;
(5) the individual requests
				that services be suspended; or
(6)
				the individual's case manager directs the provider agency to suspend the
				individual's services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.35 - Service Plan Changes

Current through Reg. 49, No. 28; July 12, 2024
A provider agency must implement service plan changes within
				  seven calendar days from the effective date on the Authorization for Community
				  Care Services form for Title XX services, or the Notification of Community
				  Based Alternatives (CBA) Services form for Title XIX
				  services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 281 - CONTRACTING TO PROVIDE HOME-DELIVERED MEALS › Section 281.37 - Termination of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) If DADS
				terminates HDM services to an individual, the individual's case manager sends
				the provider agency:
(1) the Authorization
				for Community Care Services form for Title XX services; or
(2) the Notification of Community Based
				Alternatives (CBA) Services form for Title XIX services.