Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS › Division 3 - REQUIREMENTS FOR OTHER DBMD PROGRAM SERVICES › Section 260.343 - Day Habilitation, Residential Habilitation, and CFC PAS/HAB

Current through Reg. 49, No. 28; July 12, 2024
(a) Day
					 habilitation.
(1) Before including day
					 habilitation on an individual's IPC, a program provider must ensure and
					 maintain documentation in the individual's record that day habilitation is not
					 available to the individual under a program funded under §110 of the
					 Rehabilitation Act of 1973, as amended (29 U.S.C. §
													701 et seq.) or
					 under a program funded under the Individuals with Disabilities Education Act
					 (20 U.S.C. §
													1401 et seq.).
(2) A program provider must ensure that day
					 habilitation includes:
(A) assistance in
					 acquiring, retaining, or improving the self-help, socialization, and adaptive
					 skills necessary to live successfully in the community and participate in home
					 and community life;
(B) providing
					 the individual with individualized activities:
(i) in environments designed to foster the
					 development of skills and behavior supportive of greater independence and
					 personal choice consistent with achieving the outcomes identified in the
					 individual's IPP; and
(ii) designed
					 to reinforce therapeutic outcomes targeted by other DBMD Program services, CFC
					 services, school, or other support providers; and
(C) providing transportation necessary for
					 the individual's participation in day habilitation activities, such as
					 shopping, swimming, going to the park, or other community activities.
(3) A program provider must ensure
					 day habilitation:
(A) is provided to an
					 individual in a non-residential setting separate from the individual's own or
					 family home or the residence in which the individual receives licensed assisted
					 living or licensed home health assisted living that:
(i) is accessible to and usable by the
					 individual;
(ii) is maintained in
					 good repair;
(iii) has at least two
					 means of egress; and
(iv) is in
					 continuous compliance with applicable local building codes and ordinances and
					 applicable state and federal laws, rules, and regulations;
(B) reinforces:
(i) therapeutic outcomes identified by other
					 DBMD Program services and CFC services; and
(ii) for an individual eligible for public
					 education services, education goals in the Individualized Education Program
					 (IEP) and services provided by the school district;
(C) includes transportation necessary for the
					 individual's participation in day habilitation activities; and
(D) is not provided to an individual at the
					 same time that any of the following services are provided:
(i) employment assistance with the individual
					 present;
(ii) supported employment
					 with the individual present;
(iii)
					 transportation provided as a residential habilitation activity;
(iv) 24-hour licensed assisted
					 living;
(v) 24-hour licensed home
					 health assisted living;
(vi)
					 respite; or
(vii) CFC
					 PAS/HAB.
(4) A
					 program provider must ensure a day habilitation service provider works with one
					 individual at a time unless the individual's service planning team documents on
					 the IPP that the individual's needs can be met with a day habilitation service
					 provider to individual ratio of one-to-two or one-to-three.
(5) A program provider must ensure that for a
					 service-provider-to-individual ratio higher than one-to-three, that the IPP
					 includes a recommendation from the service planning team and supporting
					 documentation of the individual's ability to integrate and meaningfully
					 participate in an environment with a ratio higher than one-to-three.
(6) A program provider may bill for time
					 spent by a day habilitation service provider:
(A) in direct contact with an
					 individual;
(B) participating as a
					 member of an individual's service planning team; or
(C) performing tasks delegated by a physician
					 or RN.