reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.155

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.156

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.157

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.158

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.159

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.160

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.161

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.162

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.163

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.164

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.165

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.166

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.167

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.168

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.169

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.170

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.171

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.172

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.173

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.174

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.175

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.177

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.178

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.179

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.180

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.181 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may
				  impose and collect an administrative penalty against a program provider for:
(1) a violation of a certification principle
				  that applies to a program provider; and
(2) any of the following:
(A) willfully interfering with the work of a
				  representative of HHSC or the enforcement of this subchapter, which may
				  include:
(i) making a false statement of
				  material fact that the program provider knows or should know is false with
				  respect to a matter under investigation by HHSC; and
(ii) falsifying documentation, including
				  documenting the provision of a service before the service has been provided;
				  or
(B) failing to pay an
				  administrative penalty within 10 calendar days after the date the assessment of
				  the penalty becomes final.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.182

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.183

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.186

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.187

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.188

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.189

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.190

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.191

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.192

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.198

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter D - HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.199

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.551

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.552

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.553 - 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) Abuse--
(A) physical abuse;
(B) sexual abuse; or
(C) verbal or emotional abuse.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.554

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.555 - Description of TxHmL Program Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Community support provides services and
				  supports in an individual's home and at other community locations that are
				  necessary to achieve outcomes identified in an individual's PDP.
(1) Community support provides:
(A) habilitative or support activities that:
(i) provide or foster improvement of or
				  facilitate an individual's ability to perform functional living skills and
				  other activities of daily living;
(ii) assist an individual to develop
				  competencies in maintaining the individual's home life;
(iii) foster improvement of or facilitate an
				  individual's ability and opportunity to:
(I)
				  participate in typical community activities including activities that lead to
				  successful employment;
(II) access
				  and use of services and resources available to all citizens in the individual's
				  community;
(III) interact with
				  members of the community;
(IV)
				  access and use available non-TxHmL Program services or supports for which the
				  individual may be eligible; and
(V)
				  establish or maintain relationships with people who are not paid service
				  providers that expand or sustain the individual's natural support
				  network;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.556

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.558

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.560

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.561

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.562

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.563

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.566

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.567

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.568

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.570

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.571

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.572 - Other Program Provider Requirements

Current through Reg. 49, No. 28; July 12, 2024
Program providers must comply with United States Code,
					 Title 42, §1396a(w), regarding requirements about advance
					 directives.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.573

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.574

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.575

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.576 - HHSC Surveys of a Program Provider

Current through Reg. 49, No. 28; July 12, 2024
(a) A program provider must be in continuous
				  compliance with the certification principles contained in this subchapter that
				  apply to program providers.
(b)
				  HHSC conducts the following surveys:
(1) an
				  initial certification survey;
(2) a
				  recertification survey;
(3) a
				  follow-up survey; and
(4) an
				  intermittent survey.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.578 - Program Provider Certification Principles: Service Delivery

Current through Reg. 49, No. 28; July 12, 2024
(a) A program provider must serve an eligible
				  applicant or individual who selects the program provider unless the program
				  provider's enrollment has reached its service capacity as identified in the
				  DADS data system.
(b) The program
				  provider must maintain a separate record for each individual enrolled with the
				  provider. The individual's record must include:
(1) a copy of the individual's current PDP
				  and, if CFC PAS/HAB is included on the PDP, a copy of the completed DADS
				  HCS/TxHmL CFC PAS/HAB Assessment form as provided by the LIDDA;
(2) a copy of the individual's current IPC as
				  provided by the LIDDA; and
(3) a
				  copy of the individual's current ID/RC Assessment as provided by the
				  LIDDA.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.579 - Certification Principles: Staff Member and Service Provider Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) The program provider must ensure the
				  continuous availability of trained and qualified employees and contractors to
				  provide the services in an individual's IPC.
(b) The program provider must comply with
				  applicable laws and regulations to ensure that:
(1) its operations meet necessary
				  requirements; and
(2) its employees
				  or contractors possess legally necessary licenses, certifications,
				  registrations, or other credentials and are in good standing with the
				  appropriate professional agency before performing any function or delivering
				  services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.581 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) HHSC may
				  impose and collect an administrative penalty against a program provider for:
(1) a violation of a certification principle
				  that applies to a program provider; and
(2) any of the following:
(A) willfully interfering with the work of a
				  representative of HHSC or the enforcement of this subchapter which may include:
(i) making a false statement of material fact
				  that the program provider knows or should know is false with respect to a
				  matter under investigation by HHSC; and
(ii) falsifying documentation including
				  documenting the provision of a service before the service has been provided; or
(B) failing to pay an
				  administrative penalty within 10 calendar days after the date the assessment of
				  the penalty becomes final.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.582

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.583

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 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.584 - Certification Principles: Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
A program provider must not use
					 seclusion.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.585 - Certification Principles: Requirements Related to the Abuse, Neglect, and Exploitation of an Individual

Current through Reg. 49, No. 28; July 12, 2024
(a) A program
				  provider must:
(1) ensure that an individual
				  and LAR are, before or at the time the individual begins receiving a TxHmL
				  Program service or a CFC service and at least annually thereafter:
(A) informed of how to report allegations of
				  abuse, neglect, or exploitation to DFPS and are provided with the toll-free
				  telephone number, 1-800-647-7418, in writing; and
(B) educated about protecting the individual
				  from abuse, neglect, and exploitation;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.586 - Amelioration

Current through Reg. 49, No. 28; July 12, 2024
(a) In lieu of requiring payment for an
				  administrative penalty imposed against a program provider in accordance with
				  § 9.581 of this subchapter (relating to Administrative Penalties), HHSC
				  may give the program provider the opportunity for amelioration in accordance
				  with this subsection.
(b) HHSC
				  does not give a program provider the opportunity for amelioration:
(1) more than three times in a two-year
				  period;
(2) more than one time in
				  a two-year period for the same or similar violation;
(3) for a critical violation that is an
				  immediate threat; or
(4) for the
				  actions or failures to act described in § 9.581(a)(2) of this subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.587 - Program Provider Compliance and Corrective Action

Current through Reg. 49, No. 28; July 12, 2024
(a) If HHSC determines from a survey that a
				  program provider is in compliance with the certification principles, HHSC:
(1) sends the program provider a final survey
				  report stating that the program provider is in compliance with the
				  certification principles;
(2) does
				  not require any action by the program provider; and
(3) if the survey is an initial or a
				  recertification survey, certifies the program provider as described in §
											9.576(f)
				  of this subchapter (relating to HHSC Surveys of a Program Provider).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 9 - INTELLECTUAL DISABILITY SERVICES-MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES › Subchapter N - TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) › Section 9.597

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 11 - QUALITY ASSURANCE FEE › Section 11.1 - Purpose of Chapter

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				implements the determination, assessment, collection, and enforcement of the
				quality assurance fee authorized under Chapter 252, Health and Safety Code,
				Subchapter H.
(b) The purpose of
				the quality assurance fee established under this chapter is to improve the
				quality of care provided to persons with mental retardation as follows:
(1) the quality assurance fee is intended to
				support and/or maintain an increase in reimbursement to facilities that
				participate in the Medicaid program, subject to legislative appropriation for
				this purpose; and
(2) the
				Department of Aging and Disability Services (DADS) may also offset allowable
				expenses to administer the quality assurance fee program against revenues
				generated by the collection of the quality assurance fee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 11 - QUALITY ASSURANCE FEE › Section 11.2 - 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) DADS--The Department of
				Aging and Disability Services.
(2)
				Facility--Any of the following:
(A) an
				intermediate care facility for the mentally retarded or the corporate parent of
				an intermediate care facility for the mentally retarded licensed under Chapter
				252, Health and Safety Code; or
(B)
				a facility operated according to the requirements of Chapter 252, Health and
				Safety Code, and owned and/or operated by a community mental health and mental
				retardation center as described in Chapter 534, Subchapter A, Health and Safety
				Code; or
(C) a facility owned by
				DADS.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 11 - QUALITY ASSURANCE FEE › Section 11.3 - Quality Assurance Fee Determination Methodology

Current through Reg. 49, No. 28; July 12, 2024
(a) Quality assurance fee. Effective January
				1, 2008, the quality assurance fee for a facility is five and one-half percent
				of a facility owner's total gross receipts.
(b) Quality assurance fee review. Every
				twelve months or on a schedule determined by DADS, DADS will review each
				facility owner's quality assurance fee payments from all of the owner's
				facilities combined. A facility owner's liability for the quality assurance fee
				may be adjusted following this review to ensure that the quality assurance fee
				equals five and one half percent of total gross receipts from all
				facilities.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 11 - QUALITY ASSURANCE FEE › Section 11.4 - Required Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				reports must be filed by a facility in accordance with DADS instructions:
(1) the monthly patient day report required
				under subsection (c) of this section; and
(2) the report of total gross receipts
				required under subsection (d) of this section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 11 - QUALITY ASSURANCE FEE › Section 11.5 - Payment and Collection of Quality Assurance Fee

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility must:
(1) pay the amount of the quality assurance
				fee in accordance with DADS instructions not later than the 30th day after the
				last day of the month for which the fee is assessed; or
(2) pay the amount of the quality assurance
				fee in accordance with DADS instructions and request an informal review of the
				calculation of the quality assurance fee in accordance with §
										11.8
				of this chapter (relating to Informal Review).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 11 - QUALITY ASSURANCE FEE › Section 11.6 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS monitors a facility's records or the
				record of any corporate parent or affiliate of a facility for the purpose of
				determining the total patient days and gross receipts of the
				facility.
(b) The Health and Human
				Services Commission (HHSC) and DADS may not grant any exceptions from the
				quality assurance fee or the provision of any data necessary for DADS to
				calculate the fee.
(c) HHSC or its
				designee audits quality assurance fee determinations in accordance with this
				subsection.
(1) HHSC or its designee
				periodically audits the records of a facility and, if necessary, the corporate
				parent or affiliate of a facility to verify the amount of the quality assurance
				fee owned by the facility. The facility must allow HHSC or its designee to
				review and photocopy any records necessary to conduct the audit.
(2) If a facility fails to maintain records
				or fails to allow HHSC or its designee to review and photocopy any records
				necessary to conduct an audit, an audit will be conducted with the records
				available.
(3) HHSC or its designee
				provides the facility with a report of the final audit findings.
(4) If the final audit findings show the
				facility owes additional amounts for the quality assurance fee, DADS notifies
				the facility of the amount due. If the final audit findings show the facility
				is owed money due to overpayment of the quality assurance fee, DADS refunds the
				amount owed to the facility owner.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 11 - QUALITY ASSURANCE FEE › Section 11.7 - Penalty

Current through Reg. 49, No. 28; July 12, 2024
(a) DADS will assess a financial penalty
				against a facility that:
(1) fails to timely
				file the monthly facility report required under §
										11.4
				of this chapter (relating to Required Reports);
(2) files a false, erroneous, or fraudulent
				monthly facility report that DADS concludes resulted in the assessment of a
				quality assurance fee that is less than the facility should have been assessed;
				or
(3) fails to timely pay a
				quality assurance fee assessed under §
										11.5
				of this chapter (relating to Payment and Collection of Quality Assurance
				Fee).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 11 - QUALITY ASSURANCE FEE › Section 11.8 - Informal Review

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility that
				believes DADS incorrectly calculated the amount of a quality assurance fee as
				defined in this chapter may request an informal review from DADS in accordance
				with this section.
(b) The purpose
				of an informal review is to provide for the informal and efficient resolution
				of the matters in dispute. An informal review is not a formal administrative
				hearing, but is a prerequisite to obtaining a formal administrative hearing and
				is conducted according to the following procedures:
(1) The facility must request an informal
				review in writing to DADS, delivered by United States mail or special mail
				delivery to DADS no later than 20 calendar days after the date on the written
				notification of a calculation described in subsection (a) of this
				section.
(2) A facility's written
				request for an informal review must include:
(A) a concise statement of the specific
				actions or determinations the facility disputes;
(B) the facility's recommended resolution;
				and
(C) any supporting
				documentation the facility deems relevant to the dispute. It is the
				responsibility of facility to submit all pertinent information at the time of
				its request for an informal review.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 11 - QUALITY ASSURANCE FEE › Section 11.9 - Appeal of an Informal Review Decision

Current through Reg. 49, No. 28; July 12, 2024
A facility that wishes to appeal an informal review decision
				  under §
									11.8
				  of this chapter (relating to Informal Review) may request a hearing from the
				  Health and Human Services Commission in accordance with Title 1, Part 15,
				  Chapter 357, Subchapter I of the Texas Administrative Code (relating to
				  Hearings Under the Administrative Procedure Act).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 40 - USE OF GENERAL REVENUE FOR SERVICES EXCEEDING THE INDIVIDUAL COST LIMIT OF A WAIVER PROGRAM › Section 40.1 - Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver Program

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				following words and terms, when used in this chapter, have the following
				meanings, unless the context clearly indicates otherwise:
(1) Waiver program--A program administered by
				the Department of Aging and Disability Services (DADS), other than the Texas
				Home Living Program, that provides services under a waiver granted by the
				Centers for Medicare and Medicaid Services in accordance with §1915(c) of
				the Social Security Act.
(2)
				General revenue--State funds appropriated by the Texas Legislature for use by
				DADS.
(3) Individual--A person
				applying for or enrolled in a waiver program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 40 - USE OF GENERAL REVENUE FOR SERVICES EXCEEDING THE INDIVIDUAL COST LIMIT OF A WAIVER PROGRAM › Section 40.1 - Use of General Revenue for Services Exceeding the Individual Cost Limit of a Waiver 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 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 41.101 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
This chapter describes:
(1) the CDS option available to an individual
				  or the individual's LAR;
(2) the
				  process for the enrollment and participation of an individual in the CDS
				  option;
(3) the responsibilities
				  and requirements of an individual, LAR, or DR participating in the CDS
				  option;
(4) the minimum
				  qualifications for a person or entity providing services to an individual
				  participating in the CDS option;
(5) the responsibilities and requirements of
				  a person or entity providing services under the CDS option;
(6) the method of payment to a person or
				  entity providing services to an individual participating in the CDS option;
				  and
(7) the oversight applicable to
				  a person or entity providing services under the CDS option.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 41.103 - 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) Abuse--
(A) physical abuse;
(B) sexual abuse; or
(C) verbal or emotional abuse.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 41.105 - Application

Current through Reg. 49, No. 28; July 12, 2024
This chapter applies to the following:
(1) an individual or LAR who elects to be the
				  employer for services delivered through the CDS option;
(2) a DR;
(3) a CDSA;
(4) a support advisor;
(5) a service provider; and
(6) a case manager or service
				  coordinator.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 41.107 - Overview of the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  or LAR may elect the CDS option if:
(1) the
				  individual's program offers the CDS option;
(2) one or more program services in the
				  individual's authorized service plan are available for delivery through the CDS
				  option;
(3) the individual or LAR
				  agrees to perform, or to appoint a DR to perform, the employer responsibilities
				  required for participation in the CDS option;
(4) the individual or LAR selects a CDSA to
				  provide FMS; and
(5) the individual
				  or LAR has developed and received approval from the service planning team for
				  each required service back-up plan.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 41.108 - Services Available Through the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
(a) The CDS option is available in the
				  following programs:
(1) the CLASS Program, if
				  the individual does not receive in the CLASS Program:
(A) support family services; or
(B) continued family services;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 41.109 - Enrollment in the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
(a) At the
				  time of an individual's enrollment in a DADS program that offers the CDS
				  option, and at least annually thereafter, a case manager, service coordinator,
				  or other person designated by the individual's program must:
(1) provide written materials on the CDS
				  option to the individual or LAR;
(2) meet with and provide the individual or
				  LAR with an oral explanation of the CDS option specific to the individual's
				  program; and
(3) complete Form
				  1581, Consumer Directed Services Option Overview.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 1 - DEPARTMENT OF AGING AND DISABILITY SERVICES › Chapter 41 - CONSUMER DIRECTED SERVICES OPTION › Subchapter A - INTRODUCTION › Section 41.111 - Service Planning in the CDS Option

Current through Reg. 49, No. 28; July 12, 2024
(a) Service planning for an individual who
				  chooses to participate in the CDS option is completed in accordance with the
				  rules and requirements of the individual's program in the same manner as if
				  services are delivered through a program provider. Service planning includes:
(1) determining the individual's
				  needs;
(2) determining service
				  levels;
(3) justifying changes to
				  the service plan;
(4) maintaining
				  costs and cost ceilings;
(5)
				  reviewing services; and
(6)
				  obtaining approval for planned services.