reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 110 - HEARINGS UNDER THE ADMINSTRATIVE PROCEDURE ACT › Section 110.13 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A party may file
				a motion for rehearing in accordance with Texas Government Code
				2001
									§
									146(a).
(b) A party must file a reply to a motion for
				rehearing in accordance with Texas Government Code
				2001
									§
									146(b).
(c) The Texas Health and Human Services
				Commission (HHSC) Executive Commissioner or the Executive Commissioner's
				designee shall act on a motion for rehearing not later than the 55th day after
				the date the decision that is the subject of the motion is signed or the motion
				for rehearing is overruled by operation of law in accordance with Texas
				Government Code
				2001
									§
									146(c).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 110 - HEARINGS UNDER THE ADMINSTRATIVE PROCEDURE ACT › Section 110.15 - Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				with Texas Government Code §
									2001.145, a decision
				that is final under this chapter is appealable; however, a timely motion for
				rehearing is a prerequisite to appeal a decision that is final in accordance
				with Texas Government Code §
									146.
(b) In accordance with Texas Government Code
				§
									2001.171, a person
				who has exhausted all administrative remedies at the Texas Health and Human
				Services Commission and who is aggrieved by a final decision in a contested
				case is entitled to judicial review under Texas Government Code, Chapter
				2001.
(c) In accordance with Texas
				Government Code §
									2001.176(b)(3),
				filing a petition to initiate judicial review of a contested case does not
				affect the enforcement of a final decision for which the manner of review
				authorized by law is other than trial de novo.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.200 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
Subchapter H of this chapter applies only to a DAHS facility
				  that contracts with DADS to provide DAHS under Title XIX or Title XX of the
				  Social Security Act.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.201 - Eligibility Requirements for Participation

Current through Reg. 49, No. 28; July 12, 2024
The client must meet eligibility requirements described in
				  §
									48.2915
				  of this title (relating to Day Activity and Health Services). The physician
				  providing the physician's order cannot be the facility owner or have a
				  significant financial or contractual relationship with the
				  facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.202 - Program Overview

Current through Reg. 49, No. 28; July 12, 2024
A DAHS facility must:
(1) contract with DADS to provide
				DAHS;
(2) provide services at least
				10 continuous hours each day, five days a week (Monday through Friday), except
				for published holidays;
(3) serve
				eligible clients, unless a DAHS facility is at licensed capacity;
(4) participate in the Child and Adult Care
				Food Program (CACFP);
(5) submit
				documentation of participation in the CACFP to DADS consisting of a copy of the
				CACFP agreement or a copy of the approval letter for participation in the
				CACFP, or both;
(6) advise the
				individual of the individual's rights in a language the individual understands,
				provide the individual with a signed copy, and maintain the original in the
				record; and
(7) comply with 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 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.203 - Written Referrals for Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				DAHS facilities receive written referrals from caseworkers based on the
				following priorities:
(1) client's
				choice;
(2) physician's choice, if
				stated; and
(3) rotation of
				eligible providers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.204 - DAHS Facility-Initiated Referrals

Current through Reg. 49, No. 28; July 12, 2024
(a) The applicant may be admitted to a day
				activity and health services DAHS facility as soon as verbal physician's orders
				are obtained if he appears to:
(1) be
				Medicaid eligible; and
(2) meet the
				medical/functional need criteria based on the information collected on DADS'
				Client Health Assessment/Plan of Care form.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.205 - Initiation of Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The DAHS
				facility must initiate services within seven days after the beginning date of
				coverage in Item 4 of DADS' Authorization for Community Care
				Services.
(b) If the DAHS facility
				does not initiate services within the seven-day period, the DAHS facility must
				notify the caseworker, using DADS' Case Information form, by the eighth day
				after the beginning date of coverage in Item 4 of DADS' Authorization for
				Community Care Services. DADS' Case Information form must include the reasons
				for the delay and the date when services are scheduled to begin.
(c) The DAHS facility must complete and
				return DADS' authorization for community services form to the caseworker within
				14 days after the beginning date of coverage in Item 4 of DADS' authorization
				for community care services form. The DAHS facility must indicate the date
				services were initiated, the schedule for delivering services, and the total
				units authorized for the client.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.206 - Program Requirements

Current through Reg. 49, No. 28; July 12, 2024
The DAHS facility must provide services that include the
				  following:
(1) Nursing services.
				Nursing services must include:
(A) assessing,
				observing, evaluation, and documenting an individual's health condition, and
				instituting appropriate nursing intervention to stabilize or improve an
				individual's condition or prevent complications;
(B) ensuring that the individual plan of care
				appropriately reflects the physician's orders;
(C) assisting the individual to order,
				maintain, or administer prescribed medications or treatments, as indicated by
				physician's orders;
(D) counseling
				the individual on his health need and illness and involving significant others
				in the discussions of his immediate and long-term health goals; and
(E) providing or supervising personal care
				services to enable the individual to restore, maintain, or improve his ability
				to perform personal care tasks. For purposes of this requirement, personal care
				is defined as assistance with dressing, feeding, grooming, bathing, toileting,
				transferring/ambulation, or assistance with self-administering
				medication.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.207 - Suspension of Day Activity and Health Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The DAHS facility must suspend services
				before the end of the prior approval period if one or more of the circumstances
				specified in paragraphs (1) - (10) of this subsection occur:
(1) the client leaves the state or moves
				outside the geographic area served by the DAHS facility;
(2) the client dies;
(3) the client is admitted to a hospital,
				nursing home, state school, or state hospital;
(4) the client requests that services
				end;
(5) the physician requests
				that services end;
(6) the Health
				and Human Services Commission (HHSC) denies the client's Medicaid/Title XX
				eligibility;
(7) DADS enforces
				sanctions against the DAHS facility by terminating the contract;
(8) the client threatens the health and
				safety of himself or others;
(9)
				the client is absent from the DAHS facility for 15 consecutive days;
(10) the client becomes ineligible for
				Medicaid. Each month the DAHS facility must verify that a client has a current
				HHSC Medical Care Identification Card.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.208 - Notifications

Current through Reg. 49, No. 28; July 12, 2024
(a) If a client becomes ill or injured at the
				DAHS facility, the director/nurse must notify a relative or other responsible
				person the same day of the occurrence. Clients with communicable diseases
				cannot attend the DAHS facility until the physician has released the client.
				Examples of communicable disease are lice and scabies.
(b) No later than the first DADS workday
				after becoming aware of changes in the client's status or condition, the DAHS
				facility must verbally notify the caseworker or staff in the caseworker's
				office about any change that may require a change in the client's plan of care,
				units, or service termination. The DAHS facility must follow up this verbal
				notification in writing, to the caseworker, using DADS' Case Information form.
				Written notification must occur within seven days after verbal
				notification.
(c) If a client is
				absent from a regularly scheduled program, DAHS facility staff must contact the
				client or someone knowledgeable about his condition the same day that the
				absence occurs. If DAHS facility staff are unable to contact the client or
				someone knowledgeable about his condition, staff document this in the client's
				record.
(d) The DAHS facility must
				verbally notify DADS by the next DADS workday and in writing within seven days
				after verbal notification of the following changes in DAHS facility operations:
(1) change in operation, telephone number,
				and location of administrative office;
(2) change in hours of operation;
				and
(3) change in director,
				activities director, nurse, or membership of governing board.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.209 - Record Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) Personnel
				records. The DAHS facility must keep personnel records in a central location in
				the DAHS facility. Personnel records include staff qualifications, performance
				reports, attendance, and staff development records. The DAHS facility must
				maintain these documents and records according to the retention requirements.
				The DAHS facility must document staff coverage for days when regular staff are
				away from the DAHS facility on sick or vacation leave.
(b) Attendance records. The DAHS facility
				must use DADS forms to maintain a daily record of attendance and transportation
				to and from the DAHS facility, including the time each client began receiving
				services and the time he left the DAHS facility's care. If transportation is
				provided by the DAHS facility, driver's transportation records must be used.
				Arrival and departure times must be documented for clients not using DAHS
				facility-provided transportation.
(c) Transportation records. The DAHS facility
				driver must maintain accurate daily transportation and mileage records, and
				records of expenses for purchase of gas and oil.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.210 - Financial Errors

Current through Reg. 49, No. 28; July 12, 2024
(a) In the absence of
				acceptable secondary documentation, financial errors include the errors
				described in this section.
(1) The DAHS
				facility is reimbursed for services, but DADS Daily Attendance and Daily
				Transportation Record form is missing for the period for which services are
				reimbursed. DADS applies the error to the total number of units reimbursed for
				the billing period.
(2) The DAHS
				facility is reimbursed for units that exceed the units recorded on DADS Daily
				Attendance and Daily Transportation Record form. DADS applies the error to the
				total number of units reimbursed in excess of the units recorded.
(3) The DAHS facility is reimbursed for units
				of service and the client did not receive services or was Medicaid ineligible
				(not applicable to Title XX clients). DADS applies the error to the total
				number of units reimbursed for the days the client did not receive services or
				was Medicaid ineligible.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.211 - Billing and Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) The method of
				payment is a unit of authorized service and is defined as half a day. One unit
				of service constitutes three hours but less than six hours of covered services
				provided by the DAHS facility. Six hours or more of service constitutes two
				units of service. Time spent in approved transportation provided by the DAHS
				facility shall be counted in the unit of service.
(b) The DAHS facility is not entitled to
				payment if:
(1) the DAHS facility fails to
				submit prior approval forms or supporting documentation to the regional nurse
				within the required time frames for DAHS facility initiated
				referrals;
(2) the DAHS facility
				did not maintain the staff-client ratio for one or more days;
(3) the DAHS facility exceeded its license
				capacity; or
(4) the DAHS
				facility's monthly claims do not correspond to the DAHS facility's service
				authorizations and DADS' Daily Attendance/Daily Transportation Record
				form.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 211 - DAY ACTIVITY AND HEALTH SERVICES (DAHS) CONTRACTUAL REQUIREMENTS › Section 211.212 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
DADS may deny and recoup funds from a DAHS facility for the
				  days it exceeded its licensed capacity. The amount denied or recouped is two
				  units of service (regardless of the number of units actually provided) for
				  every individual (client, applicant, private pay, etc.) that exceeded the DAHS
				  facility license capacity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter A - OPERATION OF THE AREA AGENCIES ON AGING › Section 213.3 - Designation of Area Agencies on Aging

Current through Reg. 49, No. 28; July 12, 2024
The following procedures shall be used to select and
					 designate area agencies on aging.
(1)
				  Eligible Entities. The Department shall provide opportunity for the following
				  types of agencies to be designated as an area agency on aging;
(A) an established office on aging which
				  operates within a PSA;
(B) any
				  office or agency of a unit of general-purpose local government that is proposed
				  by the chief elected official of the unit;
(C) any office or agency proposed by the
				  chief elected officials of a combination of units of general-purpose local
				  government; or
(D) any other public
				  or private nonprofit agency, except any regional or local agency of the
				  state.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter A - OPERATION OF THE AREA AGENCIES ON AGING › Section 213.7 - Appeal Procedures for Area Agency on Aging Contractors

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. Definitions for the words
				  and terms used this section are located in §254.1 of this title (relating
				  to the Operation of the Texas Department on Aging).
(b) Purpose. The purpose of this section is
				  to establish procedures for any area agency on aging contractor who is
				  aggrieved in connection with penalties imposed by the Department, as described
				  in §254.13 of this title (relating to Compliance with Contractor
				  Responsibilities, Rewards and Penalties). All notifications sent from the
				  Department to a contractor during the proposed imposition of a penalty shall
				  contain information informing the contractor of the right to appeal, as well as
				  the level of appeal appropriate for the matter, as described in this
				  section.
(c) Appeal to the
				  Executive Director. The imposition of a level one penalty may be appealed by
				  presenting a formal protest to the executive director of the Texas Department
				  on Aging.
(1) The protest shall follow the
				  format described in subsection (f) of this section.
(2) The contractor shall submit three copies
				  of the protest to the Executive Director.
(3) The Executive Director shall investigate
				  the protest and issue a written determination within 30 calendar days upon
				  receipt of the protest. The decision of the Executive Director is
				  final.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter A - OPERATION OF THE AREA AGENCIES ON AGING › Section 213.9 - Grievance Procedures for Participants in Older Americans Act Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Right to Submit a Grievance. Participants
				  in Older Americans Act Programs may submit grievances regarding specific
				  actions or activities affecting their personal participation in the program or
				  the conduct of the program as it relates to all participants at that site or
				  location.
(1) Grievances may be in writing or
				  may be made orally.
(2) A grievance
				  may be presented by an individual on behalf of the participant. If the
				  participant elects this option, he or she shall accompany that spokesperson to
				  every meeting at which the appeal is discussed.
(3) A grievance should be resolved at the
				  lowest level of authority to avoid undue paperwork or loss of time. Grievances
				  shall be directed as indicated to the following authorities in the order
				  indicated:
(A) site director;
(B) project director;
(C) area agency on aging director;
(D) grantee director;
(E) executive director of the Texas
				  Department on Aging.
(4)
				  Grievances may be made at any time. The site manager, however, should be
				  advised within ten days of the event which created the basis for the grievance
				  of the intent to appeal.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter A - OPERATION OF THE AREA AGENCIES ON AGING › Section 213.11 - Emergency Management Responsibilities of the Texas Department on Aging

Current through Reg. 49, No. 28; July 12, 2024
The Department shall consult with the Office of Emergency
					 Management, Department of Public Safety, the Federal Emergency Management
					 Agency (FEMA), the Administration on Aging, grantees, area agencies on aging,
					 other state, county and local government entities, service providers and other
					 activities which have an interest in or role in meeting the needs of the
					 elderly in planning for, during, and after natural, civil defense, and/or
					 man-made disasters. To facilitate this responsibility, the Department shall
					 identify an individual as the Emergency Management specialist for the
					 Department who shall:
(1) represent
				  the Department at meetings and functions pertinent to emergency management and
				  communicate and coordinate with representatives of other agencies and
				  activities concerned with emergency management;
(2) develop all reports resulting from
				  disaster recovery operations;
(3)
				  develop procedures for reimbursement of Title III funds for use by area
				  agencies on aging in disaster recovery operations, including the acquisition of
				  certificates of non-duplication of services from the FEMA on-site director,
				  review such requests for accuracy and validity, and forward these requests to
				  the Administration on Aging for payment;
(4) provide technical assistance to area
				  agencies engaged in planning for services to the elderly prior to disasters and
				  following any natural, man-made or civil defense disaster which impacts the
				  elderly within their PSA; and
(5)
				  assist area agencies in disaster recovery operations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter B - AREA AGENCY ON AGING ADMINISTRATION › Section 213.51 - System of Access and Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose and Goals. This rule establishes the requirements for implementation by
				  area agencies on aging of the system of access and assistance. Each area agency
				  on aging shall establish and maintain a system of access and assistance. The
				  program shall incorporate necessary strategies and activities to meet the
				  following goals:
(1) to provide persons age
				  60 years and older efficient access to needed services;
(2) to conduct effective screening and
				  assessment of individual needs and preferences;
(3) to efficiently and effectively target
				  resources so that persons most in need receive assistance; and
(4) to establish a strong local role and
				  clear identity of the area agency on aging as a source of access and assistance
				  for eligible persons and/or their family members or other caregivers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter B - AREA AGENCY ON AGING ADMINISTRATION › Section 213.53 - Certification of Benefits Counselors Regarding the Preparation of Advanced Directives

Current through Reg. 49, No. 28; July 12, 2024
(a) To be certified
				  to provide services pursuant to Texas Government Code §81.1011, a benefits
				  counselor must meet the following requirements:
(1) Be an employee or volunteer of an area
				  agency on aging affiliated with the Texas Department on Aging who provides
				  benefits counseling services through an area agency on aging system of access
				  and assistance to persons age 60 years and older and/or their family members or
				  other caregivers, and
(2) Have
				  received the training in providing technical advice, consultation, and
				  assistance, described in subsection (b) of this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter B - AREA AGENCY ON AGING ADMINISTRATION › Section 213.55 - Direct Purchase of Service (DPS)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. Direct Purchase of Service (DPS) is a procurement method that provides
				  flexibility and effective management of resources by purchasing services on a
				  client-by-client basis as determined by an assessment of the individual's
				  service needs.
(b) The DPS
				  procurement method is used:
(1) to facilitate
				  an individual's access to services;
(2) to target limited resources;
(3) to encourage broad participation of
				  service providers in Title III programs;
(4) to promote accuracy in reporting;
				  and
(5) to assist the area agency
				  on aging in meeting key performance measures projection targets.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 1 - DEFINITIONS › Section 213.101 - 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) AAA--An area agency on
					 aging (commonly referred to as a "triple A"). A public or private nonprofit
					 agency or organization, designated by HHSC in accordance with the Older
					 Americans Act §305(a)(2)(A) (
					 42 U.S.C. §
												3025(a)(1)(A) ) that
					 develops and implements an area plan.
(2) Adult--A person who is 18 years of age or
					 older.
(3) Alarm call--A signal
					 transmitted from an electronic monitoring system to a service provider's
					 response center indicating a program participant needs immediate
					 assistance.
(4) Area plan--A plan
					 developed and implemented by a AAA for its planning and service area that
					 establishes a comprehensive and coordinated system of services in accordance
					 with the Older Americans Act §306(a) (
					 42
					 U.S.C. §
												3026(a)
					 ).
(5) Business day--Any day except
					 a Saturday, Sunday, or legal holiday listed in Texas Government Code §
											662.021.
(6) Contract--A binding agreement between a
					 AAA and a subcontractor obligating the subcontractor to take responsibility for
					 the complete implementation and administration of a service described in this
					 chapter, including determining which individuals are eligible to receive such a
					 service and providing the service to such individuals.
(7) Child--A person who is under 18 years of
					 age.
(8) Cost
					 reimbursement--Payment of actual costs incurred for goods or
					 services.
(9) DADS--Texas
					 Department of Aging and Disability Services. As a result of the reorganization
					 of health and human services delivery in Texas, DADS was abolished, and its
					 functions transferred to the Texas Health and Human Services Commission
					 (HHSC).
(10) Day--A calendar day,
					 unless otherwise specified.
(11)
					 Direct purchase--When items or services are obtained from a vendor.
(12) Disability (except when such term is
					 used in the phrase "severe disability")--A disability attributable to mental or
					 physical impairment, or a combination of mental and physical impairments, that
					 results in substantial functional limitations in one or more of the following
					 areas of major life activity:
(A)
					 self-care;
(B) receptive and
					 expressive language;
(C)
					 learning;
(D) mobility;
(E) self-direction;
(F) capacity for independent
					 living;
(G) economic
					 self-sufficiency;
(H) cognitive
					 functioning; and
(I) emotional
					 adjustment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 2 - AAA ADMINISTRATIVE REQUIREMENTS › Section 213.151 - AAA Administrative Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section:
(1) establishes the responsibilities of a AAA
					 in developing and maintaining an organized and efficient system of
					 administration that demonstrates accountability and compliance with state and
					 federal law and with all terms and conditions of the contract it enters into
					 with HHSC; and
(2) applies to a
					 service under the Older Americans Act provided to a program participant that is
					 funded, in whole or in part, by HHSC.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 2 - AAA ADMINISTRATIVE REQUIREMENTS › Section 213.155 - Process for AAA to Request Approval to Directly Provide a Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section establishes the
					 process for a AAA to request approval to directly provide a service included in
					 the AAA's area plan. In this section, to directly provide a service means to
					 provide the service by a staff person or volunteer.
(b) Services requiring approval to directly
					 provide. For each service listed in the Service Definitions for Area Agencies
					 on Aging, found at DADS website, DADS states whether a AAA must obtain approval
					 from DADS to directly provide the service. If a AAA is required to obtain such
					 approval, the AAA must request approval in accordance with this
					 section.
(c) Conditions for
					 approval. In accordance with the Older Americans Act, §307(a)(8), DADS
					 approves a AAA's request to directly provide a service only if:
(1) the direct provision of the service by
					 the AAA is necessary to ensure an adequate supply of the service;
(2) the service is directly related to the
					 AAA's administrative functions; or
(3) the service can be provided more
					 economically, and with comparable quality, by the AAA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 2 - AAA ADMINISTRATIVE REQUIREMENTS › Section 213.157 - Data Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 section establishes the requirements for data management, a service provided
					 under the Older Americans Act and funded, in whole or in part, by
					 DADS.
(b) Service provider
					 responsibilities. A AAA must perform or ensure that a service provider performs
					 the data management activities described in DADS Program Instruction AAA - PI
					 -312 Data Management Guide.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 3 - OLDER AMERICANS ACT SERVICES › Section 213.201 - Transportation Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 section establishes the requirements for transportation services, a service
					 provided under the Older Americans Act and funded, in whole or in part, by
					 DADS.
(b) Eligibility. A AAA must
					 ensure a program participant who receives transportation services is:
(1) 60 years of age and older; or
(2) an informal caregiver authorized to
					 receive transportation services in accordance with the Older Americans Act,
					 §373(b)(5).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 3 - OLDER AMERICANS ACT SERVICES › Section 213.203 - Nutrition Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 section establishes the requirements for nutrition services, a service provided
					 under Older Americans Act and funded, in whole or in part, by HHSC.
(b) Policy. Nutrition services must be
					 provided in compliance with all HHSC policies established by authority of Older
					 Americans Act §305(a)(1)(C) (
					 42 U.S.C. §
												3025(a)(1)(C) ), relating to
					 organization and responsibilities of the State.
(c) Eligibility and assessment. A AAA must
					 ensure that a person who receives a nutrition service is:
(1) 60 years of age or older; or
(2) eligible in accordance with Older
					 Americans Act §339(2)(H) (
					 42
					 U.S.C. §
													3030g-21(2)(H)
					 ) and §339(2)(I) (
					 42
					 U.S.C. §
													3030g-21(2)(I)
					 ) and assessed for eligibility as required by Older Americans Act
					 §339(2)(J) (
					 42
					 U.S.C. §
													3030g-21(2)(J)
					 ) and the AAA Policies and Procedures Manual.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 3 - OLDER AMERICANS ACT SERVICES › Section 213.205 - Participant Assessment Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose. This section establishes the requirements for participant assessment
					 services, a service provided under the Older Americans Act and funded, in whole
					 or in part, by DADS.
(b) Provision
					 of services.
(1) Except as provided in
					 paragraph (2) of this subsection, a AAA must enter into a vendor agreement for
					 the provision of participant assessment services.
(2) Regarding nutrition services described in
					 § 85.302 of this subchapter (relating to Nutrition Services), a AAA may
					 contract with a nutrition services subcontractor for the provision of
					 participant assessment services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 3 - OLDER AMERICANS ACT SERVICES › Section 213.207 - Homemaker Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 section establishes the requirements for homemaker services, a service provided
					 under the Older Americans Act and funded, in whole or in part, by
					 DADS.
(b) Eligibility. A AAA must
					 ensure that a program participant who receives homemaker services is:
(1) 60 years of age or older; and
(2) functionally impaired in the ability to
					 perform instrumental activities of daily living as described in DADS Program
					 Instruction AAA - PI 310
Activities of Daily Living/Instrumental
					 Activities of Daily Living NAPIS Mapping Requirements
.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 3 - OLDER AMERICANS ACT SERVICES › Section 213.209 - Personal Assistance Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose. This section establishes the requirements for personal assistance
					 services, a service provided under the Older Americans Act and funded, in whole
					 or in part, by DADS.
(b)
					 Eligibility. A AAA must ensure that a program participant who receives personal
					 assistance services is:
(1) 60 years of age
					 or older; and
(2) functionally
					 impaired in his or her ability to perform activities of daily living as
					 described in DADS Program Instruction AAA - PI - 310
Activities of
					 Daily Living/Instrumental Activities of Daily Living NAPIS Mapping
					 Requirements
.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 3 - OLDER AMERICANS ACT SERVICES › Section 213.211 - Adult Day Services

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
					 establishes the requirements for adult day services, a service provided under
					 the Older Americans Act and funded, in whole or in part, by DADS.
(b) Eligibility. A AAA must ensure that a
					 program participant who receives adult day services:
(1) is:
(A)
					 60 years of age or older; and
(B)
					 at least moderately impaired in the ability to perform instrumental or ordinary
					 activities of daily living; or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 3 - OLDER AMERICANS ACT SERVICES › Section 213.213 - Emergency Response Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Purpose. This section establishes the requirements for ERS, a service provided
					 under the Older Americans Act and funded, in whole or in part, by
					 DADS.
(b) Eligibility. A AAA must
					 ensure that a program participant who receives emergency response services:
(1) is 60 years of age or older;
(2) meets at least one of the following
					 criteria:
(A) lives alone;
(B) is routinely alone for eight or more
					 hours during a 24-hour period; or
(C) lives with an incapacitated person who is
					 not able to call for help or otherwise assist in an emergency;
(3) lives in a place other than an
					 LTC facility, personal care home, foster care setting, or any other
					 institutional setting where 24-hour supervision is available; and
(4) is at risk, such as being prone to
					 falling or having an existing medical condition that may be life-threatening if
					 the program participant does not receive immediate assistance.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 3 - OLDER AMERICANS ACT SERVICES › Section 213.215 - Residential Repair Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
					 This section establishes the requirements for residential repair services, a
					 service provided under the Older Americans Act and funded, in whole or in part,
					 by DADS.
(b) Eligibility. A AAA
					 must ensure that a program participant who receives residential repair
					 services:
(1) is 60 years of age or
					 older;
(2) lives in a residence
					 that requires repair or modification to enhance or address:
(A) energy efficiency;
(B) structural integrity; or
(C) the health and safety of the program
					 participant.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 3 - OLDER AMERICANS ACT SERVICES › Section 213.217 - Senior Centers

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 section establishes the requirements for senior centers, a service provided
					 under the Older Americans Act and funded, in whole or in part, by DADS.
(b) Senior center services. As
					 provided in the Older Americans Act, §102(36), a senior center is a
					 community facility used for the organization and provision of a broad spectrum
					 of services for persons 60 years of age or older, which may include provision
					 of health (including mental health); social, nutritional, and educational
					 services; and the provision of facilities for recreational activities.
(c) Operations. A AAA must ensure
					 that a service provider of a senior center:
(1) complies with applicable local building
					 codes and ordinances and applicable state and federal laws, rules, and
					 regulations including the Americans with Disabilities Act and the
					 Rehabilitation Act of 1973, Section 504;
(2) establishes the senior center in an area
					 central to and easily accessible by program participants;
(3) conducts fire prevention inspections on a
					 monthly basis using a trained senior staff person or volunteer of the service
					 provider;
(4) posts a copy of the
					 latest fire prevention inspection report in a conspicuous place in the senior
					 center and files the report at the senior center for review by the AAA;
(5) keeps doors, outside stairs,
					 and fire escapes free from obstruction and in proper condition;
(6) has basic first aid supplies at the
					 senior center available and maintained, clearly marked, and accessible to all
					 senior center staff persons and program participants;
(7) has an adequate number of service center
					 staff persons available at the center, during the time the center is open to
					 the public, who are certified in:
(A) first
					 aid;
(B) cardiopulmonary
					 resuscitation; and
(C) operating an
					 automatic external defibrillator, if one is available; and
(8) develops written policies and procedures
					 regarding senior center operations and makes them available to senior center
					 staff persons and program participants.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 3 - OLDER AMERICANS ACT SERVICES › Section 213.219 - Respite Voucher Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
					 This section establishes the requirements for respite voucher services, a
					 service provided under the Older Americans Act and funded, in whole or in part,
					 by DADS.
(b) Description of
					 services. Respite voucher services are the provision of vouchers to a program
					 participant to allow the program participant to select a respite provider,
					 establish a work schedule and payment rate, and provide the respite provider
					 information and training on the program participant's needs.
(c) Eligibility.
(1) In accordance with the Older Americans
					 Act, §372, a AAA must ensure that a program participant who receives
					 respite voucher services is:
(A) an adult who
					 is an informal provider of in-home and community care for an individual who:
(i) is 60 years of age or older; and
(I) is unable to perform at least two
					 activities of daily living without substantial human assistance, including
					 verbal reminding, physical cueing, or supervision; or
(II) due to a cognitive or other mental
					 impairment, requires substantial supervision because the individual behaves in
					 a manner that poses a serious health or safety hazard to the individual or
					 another person; or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 4 - MANAGEMENT AND OVERSIGHT › Section 213.301 - AAA Funding Allocation Formula for Older Americans Act Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This section describes the
					 formula used to distribute funds to a AAA in accordance with the Older
					 Americans Act, §305(a)(2)(C).
(b) AAA State General Revenue Base. A AAA is
					 allocated a base amount of $60,000.
(c) AAA Administration Base. In accordance
					 with the Older Americans Act, an administration pool comprised of 10 percent of
					 the federal allocation of funds to AAAs is established. From this amount, a AAA
					 is allocated no less than $85,000.
(d) AAA Supportive Services Base. A AAA is
					 allocated a base amount of $115,000 for Title III Supportive
					 Services.
(e) AAA Nutrition
					 Services Base. A AAA is allocated a base amount of $100,000 for Title III
					 Nutrition Services.
(f) AAA Rural
					 Allocation. The rural allocation factor is based upon a three part formula:
(1) a AAA with a population density factor
					 that exceeds the statewide average of persons 60 years of age and older per
					 square mile receives no rural allocation;
(2) a AAA with a population density factor
					 greater than 50 percent of the statewide average of persons 60 years of age and
					 older per square mile, but less than the statewide average, receives a rural
					 allocation of $15,000; and
(3) a
					 AAA with a population density factor of less than 50 percent of the statewide
					 average of persons 60 years of age and older per square mile receives a rural
					 allocation of $30,000.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 213 - AREA AGENCIES ON AGING › Subchapter C - IMPLEMENTATION OF THE OLDER AMERICANS ACT › Division 4 - MANAGEMENT AND OVERSIGHT › Section 213.303 - Unspent Award Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
					 section describes the process for handling award funds that are not spent by a
					 AAA at the end of a federal fiscal year, including the process for distributing
					 funds in the statewide carryover pool.
(b) Award funds. HHSC allocates to a AAA
					 federal funds awarded under the Older Americans Act to spend in implementing
					 its area plan during a federal fiscal year. These funds are referred to in this
					 section as "award funds."
(c)
					 Unspent award funds.
(1) If, at the end of a
					 federal fiscal year, a AAA has unspent award funds that were received in the
					 first six-month period of the federal fiscal year, the unspent funds are
					 handled as follows:
(A) the AAA may spend up
					 to five percent of the unspent award funds in the next federal fiscal year to
					 implement its area plan; and
(B)
					 HHSC places any unspent award funds that are more than five percent in the
					 statewide carryover pool.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 214 - NATIONAL SENIOR SERVICES CORPS PROGRAM › Section 214.1 - Guidelines to Distribute Funds to Entities Operating a National Senior Services Corps Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. This
				section describes the guidelines to determine the proportion of state money
				distributed to entities that operate a program under the National Senior
				Services Corps, as required by Texas Human Resources Code, §
									101.024.
(b) National Senior Services Corps programs.
				Programs operated under the National Senior Services Corps include the Foster
				Grandparent Program, RSVP, and the Senior Companion Program.
(c) Agreement with CNCS. DADS has a written
				agreement with the Corporation for National and Community Services (CNCS) in
				which:
(1) DADS agrees to pay state general
				revenue DADS receives to fund programs under the National Senior Services Corps
				to CNCS; and
(2) CNCS agrees to
				distribute the funds it receives from DADS to entities operating programs under
				the National Senior Services Corps.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 259 - COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES › Subchapter A - DEFINITIONS, DESCRIPTION OF SERVICES, AND EXCLUDED SERVICES › Section 259.5 - 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.