reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability › Section 334.119 - Communication of Rights to an Individual Receiving Services and Supports and to an LAR

Current through Reg. 49, No. 28; July 12, 2024
(a) When a state MR
				facility or MRA gives a copy of the rights handbook in accordance with §
									4.117
				of this subchapter (relating to Rights Handbooks), the state MR facility or MRA
				must explain the rights described in the rights handbook to the individual and
				LAR or actively involved person in plain and simple language and in a manner
				that the individual and LAR or actively involved person can easily understand.
				The explanation must address:
(1)
				circumstances under which the individual's rights may be limited;
(2) procedures that must be followed by the
				state MR facility or MRA to limit the individual's rights; and
(3) how and with whom a complaint about a
				violation of a right may be filed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 334 - Rights and Protection of Individuals with an Intellectual Disability › Section 334.121 - Staff Training in Rights

Current through Reg. 49, No. 28; July 12, 2024
An MRA must ensure that:
(1) an employee of the MRA who will provide
				direct services and supports to an individual or will routinely perform job
				duties in proximity to an individual, and the supervisor of such an employee,
				receive instruction on the contents of this subchapter before starting job
				duties and annually thereafter; and
(2) an employee of the MRA who will not
				provide direct services and supports to an individual and will not routinely
				perform job duties in proximity to an individual, and the supervisor of such an
				employee, receive instruction on the contents of this subchapter within two
				months after starting job duties and every two years thereafter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 338 - DISASTER RULE FLEXIBILITIES FOR LOCAL INTELLECTUAL AND DEVELOPMENTAL DISABILITY AUTHORITIES (LIDDAs) › Section 338.1 - Disaster Flexibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following
										words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates
										otherwise.
(1) Audio-only--A synchronous, interactive, two-way audio
										communication that uses only sound and that meets the privacy requirements of the Health Insurance
										Portability and Accountability Act. Audio-only includes the use of telephonic communication. Audio-only does
										not include face-to-face communication.
(2) Audio-visual--A
										synchronous, interactive, two-way audio and video communication that conforms to privacy requirements under
										the Health Insurance Portability and Accountability Act. Audio-visual does not include audio-only or
										in-person communication.
(3) Face-to-face--In-person or
										audio-visual communication that meets the requirements of the Health Insurance Portability and Accountability
										Act. Face-to-face does not include audio-only communication.
(4)
										In-person (or in person)--Within the physical presence of another person. In-person or in person does not
										include audio-visual or audio-only communication.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 349 - PURCHASE OF GOODS AND SERVICES FOR REHABILITATION, INDEPENDENCE, AND EARLY CHILDHOOD INTERVENTION › Subchapter A - RATE DETERMINATION FOR PURCHASE OF REHABILITATION, INDEPENDENCE, AND EARLY CHILDHOOD INTERVENTION MEDICAL SERVICES › Section 349.1 - Alternative Purchasing Methods - Rates for Medical Services

Current through Reg. 49, No. 28; July 12, 2024
Under Human Resources Code, §117.074, this rule adopts
					 standards governing the determination of rates paid for medical services
					 provided by DARS. The rates determined under these standards are reevaluated
					 annually.
(1) Rates shall be
				  established based on Medicare and Medicaid schedules for current procedural
				  terminology (CPT). Where Medicare and Medicaid schedules are not applicable,
				  rates that represent best value shall be established based on factors that
				  include reasonable and customary industry standards for each specific
				  service.
(2) Rates shall be
				  established at a level adequate to ensure availability of qualified providers,
				  and in adequate numbers to provide assessment and treatment, and within a
				  geographic distribution that mirrors consumer or claimant
				  distribution.
(3) Exceptions to
				  established rates may be made on a case-by-case basis by the DARS medical
				  director or optometric consultant.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter A - GENERAL RULES › Section 350.101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter implements the provisions of
				  the Texas Human Resources Code, Chapter 73; the Individuals with Disabilities
				  Education Act (IDEA), Part C,
				  20 USC §§
											1431-
				  1444;
				  and 34 CFR Part 303 to:
(1) develop and
				  implement a statewide, comprehensive, coordinated, multidisciplinary,
				  interagency system that provides early childhood intervention services for
				  infants and toddlers with disabilities and their families;
(2) facilitate the coordination of payment
				  for early childhood intervention services from federal, state, local, and
				  private sources (including public and private insurance coverage);
(3) enhance state and local capacity to
				  provide quality early childhood intervention services and expand and improve
				  existing early childhood intervention services being provided to infants and
				  toddlers with disabilities and their families; and
(4) enhance the capacity of state and local
				  agencies and service providers to identify, evaluate, and meet the needs of all
				  children, including historically underrepresented populations, particularly
				  minority, low-income, inner-city, and rural children, and infants and toddlers
				  in foster care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter A - GENERAL RULES › Section 350.105 - Safety Regulations

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  contractor must develop and implement written policy and procedures to address
				  accessibility and safety regulations for all buildings and offices where ECI
				  programs are housed.
(1) Buildings must be
				  physically accessible to persons with disabilities.
(2) Buildings must be inspected annually by a
				  local or state fire authority. A safety and sanitation inspection must be
				  completed annually. If the fire or safety and sanitation inspection indicates
				  that hazards exist, these hazards must be corrected.
(3) Buildings must comply with all
				  requirements of any applicable licensing or regulatory body for these types of
				  activities carried on in the building.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter A - GENERAL RULES › Section 350.107 - Health Standards for Early Childhood Intervention Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor must implement written
				  policies and procedures that cover the following areas:
(1) administration of medication, if
				  applicable;
(2) infectious disease
				  prevention and management including:
(A)
				  adherence to universal precautions as defined by the Centers for Disease
				  Control of the United States Public Health Service;
(B) compliance with the Texas Communicable
				  Disease Prevention and Control Act, Texas Health and Safety Code, Chapter 81;
				  and
(C) immunization guidelines and
				  requirements as specified by the Texas Department of State Health
				  Services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.201 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to describe general
					 requirements for procedural safeguards pertaining to early childhood
					 intervention services. In addition to the requirements described in this
					 subchapter, the contractor must comply with all federal and state requirements
					 related to procedural safeguards and due process pertaining to early childhood
					 intervention services including:
					 20 USC §§
											1431 -
					 1444;
					 20 USC §
											1232g;
					 42
					 USC §§
											2000d -
					 2000d-7;
					 implementing regulations 34 CFR Part 99 and
					 34 CFR §§
											303.123,
					 303.400
					 - 303.417,
					 303.421,
					 303.422,
					 303.430
					 -
					 303.436;
					 and 40 TAC §
										101.1107(relating
					 to Administrative Hearings Concerning Individual Child Rights) and 40 TAC
					 §
										101.1111(relating
					 to Appeal of Final Decision). In cases of conflict between this subchapter and
					 the federal authorities, the interpretation must be in favor of the higher
					 safeguards for children and families.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.202 - Procedural Safeguards

Current through Reg. 49, No. 28; July 12, 2024
The purpose of procedural safeguards is to enforce the
					 legal rights of children with developmental delays or disabilities and their
					 families pertaining to early childhood intervention services. Procedural
					 safeguards are integrated through every stage of a family's early childhood
					 intervention services experience. These procedures are a part of, not separate
					 from, the required programmatic processes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.203 - Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor shall be responsible for:
(1) establishing or adopting procedural
				  safeguards that meet the requirements of the federal and state regulations
				  listed in § 350.101 of this chapter (relating to Purpose) and that also
				  meet additional requirements of this subchapter;
(2) implementing the procedural safeguards;
				  and
(3) providing oral and written
				  explanation to the parent regarding procedural safeguards during the
				  pre-enrollment process and at other times when parental consent is
				  required.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.204 - Prior Written Notice

Current through Reg. 49, No. 28; July 12, 2024
In accordance with
					 34 CFR §
											303.421, prior written notice is required to
					 inform the parent of any actions the contractor proposes to take or not take,
					 the reason for taking or not taking the action, and to remind the parent about
					 the parent's rights regarding these actions. These actions include
					 identification of the child, evaluation, IFSP meetings, and the provision of
					 early childhood intervention services. Through prior written notice, the
					 contractor:
(1) provides the parent
				  with sufficient notice of meetings to allow the parent time to prepare for the
				  meeting and to invite other individuals if they choose;
(2) keeps the parent informed about any
				  action the contractor is proposing to take or not take; and
(3) provides the parent with sufficient
				  notice of actions the contractor will take unless the parent exercises his or
				  her due process rights.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.207 - Parental Consent

Current through Reg. 49, No. 28; July 12, 2024
(a) Written
				  parental consent provides documentation that the parent has been informed of
				  and agrees, in writing, to the proposed action. Consent is voluntary and can be
				  withdrawn by the parent at any time. Any action for which the parent has
				  withdrawn consent must be stopped immediately.
(b) In addition to the requirements in
				  34 CFR
				  §303.420, written parental consent must
				  be obtained before:
(1) beginning any
				  screening, except when performing a developmental screening on a child in the
				  conservatorship of the Texas Department of Family and Protective
				  Services;
(2) conducting any
				  evaluation or assessment procedures;
(3) providing early childhood intervention
				  services listed in the Individualized Family Service Plan (IFSP);
(4) changing the type, intensity, or
				  frequency of early childhood intervention services;
(5) contacting medical professionals and
				  other outside sources to coordinate and gather information about the child and
				  family;
(6) reporting personally
				  identifiable information, including disposition of referral, electronically to
				  statewide databases unless release is authorized without consent in the Family
				  Education Rights and Privacy Act; or
(7) releasing personally identifiable
				  information except as allowed by § 350.241 of this chapter (relating to
				  Release of Records).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.209 - Parent Rights in the Individualized Family Service Plan (IFSP) Process

Current through Reg. 49, No. 28; July 12, 2024
The contractor must explain the contents of the IFSP to the
					 parents and obtain informed written consent from a parent before providing any
					 early childhood intervention services. The parent has the right to:
(1) be present and participate in the
				  development of the IFSP;
(2) have
				  decisions about early childhood intervention services made based on the
				  individualized needs of the child and family;
(3) receive a full explanation of the IFSP,
				  including the identified strengths and needs of the child and family,
				  priorities of the family, the developmental goals for the child and the
				  recommended services to meet those goals, and any identified service
				  coordination and case management goals;
(4) consent to some, but not all, early
				  childhood intervention services;
(5) receive all IFSP services for which the
				  parent gives consent;
(6) request
				  an administrative hearing or file a complaint with the Texas Health and Human
				  Services Commission if the parent does not agree with the other IFSP team
				  members;
(7) indicate disagreement
				  in writing in the parent's native language with a part of the IFSP, even though
				  the parent consents to early childhood intervention services;
(8) have the IFSP written in the parent's
				  native language, as defined in § 350.103 of this chapter (relating to
				  Definitions), or mode of communication; and
(9) receive a copy of the IFSP.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.211 - Parent

Current through Reg. 49, No. 28; July 12, 2024
When situations arise in which more than one person meets
					 the definition of parent, as defined in
					 20
					 USC §
											1401 and in
					 34 CFR
					 §
											303.27, the contractor must have a
					 method of resolving conflicts in a manner that gives proper deference to the
					 opinions and decisions of the individual or individuals who has the best legal
					 right to act as the child's parent. Written rules or policies developed by the
					 contractor must not violate other state or federal laws.
(1) The biological or adoptive parent, unless
				  such parent does not have legal authority to make health, educational or early
				  childhood intervention services decisions for the child, has priority to act as
				  the parent for the purposes of this chapter.
(2) If a judicial decree or order identifies
				  a specific person or persons to act as the child's parent to make health,
				  educational, or early childhood intervention service decisions on behalf of a
				  child, then the contractor acknowledges that person or persons to be the
				  "parent."
(A) The exception to this rule is
				  that no state agency, no HHSC ECI contractor or provider, and no public agency
				  that provides any paid services to a child or any family member of that child
				  may act as the parent for the purposes of ECI.
(B) Notwithstanding the preceding exception,
				  an individual who is a biological or adoptive parent or family member of the
				  child who has also been identified by a judicial decree to act as the "parent"
				  of the child is not disqualified to act as parent.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.213 - Surrogate Parents

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor
				  shall ensure that the rights of children eligible under this chapter are
				  protected if:
(1) no parent can be
				  identified; or
(2) the contractor,
				  after reasonable efforts, cannot discover the whereabouts of a
				  parent.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.215 - Early Childhood Intervention (ECI) Procedures for Filing Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual or organization may file a
				  complaint with the Texas Health and Human Services Commission (HHSC) alleging
				  that a requirement of the Individuals with Disabilities Education Act, Part C
				  or applicable federal and state regulations has been violated. The complaint
				  must be in writing, be signed, and include the nature of the violation and a
				  statement of the facts on which the complaint is based.
(b) A complaint may be filed directly with
				  HHSC without having been filed with the contractor or local program.
(c) The alleged violation must have occurred
				  not more than one year before the date that the complaint is received by the
				  public agency unless a longer period is reasonable because the alleged
				  violation continues for that child or other children.
(d) Procedures for receipt of a complaint are
				  as follows.
(1) All complaints received by
				  HHSC concerning early childhood intervention services shall be forwarded to the
				  HHSC Director of ECI who will log and assign all complaints, monitor the
				  resolution of those complaints, and maintain a copy of all complaints for a
				  seven-year period.
(2) A complaint
				  should be clearly distinguished from a request for an administrative hearing
				  under 40 TAC Chapter 101, Subchapter E, Division 3 (relating to Division for
				  Early Childhood Intervention Services) and from a request for a hearing under
				  § 350.227 of this chapter (relating to Opportunity for a Hearing)
				  concerning the requirements of the Federal Education Rights and Privacy
				  Act.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.217 - Procedures for Investigation and Resolution of Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) After receipt of the complaint, the Texas
				  Health and Human Services Commission (HHSC) Director of Early Childhood
				  Intervention (ECI) will assign a staff person to conduct an individual
				  investigation, on-site if necessary, to make a recommendation to the HHSC
				  Director of ECI for resolution of the complaint. The child's and family's
				  confidentiality is protected during the complaint resolution process.
(1) The complainant will have the opportunity
				  to submit additional information, either orally or in writing, about the
				  allegations in the complaint.
(2)
				  All relevant information will be reviewed and an independent determination made
				  as to whether a violation of the requirements of the Individuals with
				  Disabilities Education Act occurred.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.218 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) At any time, a party or all parties to a
				  dispute involving a matter with respect to the provision of appropriate early
				  childhood intervention services or a potential or actual violation of the
				  Individuals with Disabilities Education Act, Part C or other applicable federal
				  or Texas statutes or regulations or rules may request mediation of that dispute
				  by sending the request in writing to the Texas Health and Human Services
				  Commission (HHSC) Director of Early Childhood Intervention (ECI). A request for
				  mediation must:
(1) be in writing and signed
				  by the requesting party;
(2) state
				  the dispute to be mediated with some detail showing it is a matter with respect
				  to the provision of appropriate early childhood intervention services to a
				  particular child or children, or that it is a matter with respect to a
				  potential or actual violation of the Individuals with Disabilities Education
				  Act, Part C or other applicable federal or Texas statutes or regulations or
				  rules;
(3) name the opposing party
				  or parties and, if they have agreed to mediation, contain their
				  signatures;
(4) give contact
				  information for all parties to the extent known by the requestor; and
(5) show that the request for mediation has
				  also been sent to all other parties or that attempts have been made to do so,
				  if possible.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.219 - Confidentiality Notice to Parents

Current through Reg. 49, No. 28; July 12, 2024
During pre-enrollment, the contractor must give the family
					 a copy of the HHSC ECI Parent Handbook publication, which contains notice that
					 fully informs the parent about their confidentiality rights as specified in
					 34 CFR §
											303.402. The contractor must explain the
					 contents of the HHSC ECI Parent Handbook when initially providing the
					 publication to the family and annually thereafter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.221 - Access Rights

Current through Reg. 49, No. 28; July 12, 2024
(a) The parent of a
				  child eligible under this chapter must be afforded the opportunity to inspect
				  and review any records relating to evaluations and assessments, eligibility
				  determination, development and implementation of the IFSP, individual
				  complaints dealing with the child, and any other area under this chapter
				  involving records about the child and the child's family. The records are
				  covered by FERPA. Any participating agency, institution, or program which
				  collects, maintains, or uses personally identifiable information from which
				  information is obtained for the purpose of determining eligibility for or
				  providing early childhood intervention services will be subject to these
				  provisions. The contractor shall comply with a request without unnecessary
				  delay and before any meeting regarding an IFSP or hearing relating to the
				  identification, evaluation, or placement of the child, and in no case, more
				  than 10 days after the request has been made.
(b) The right to inspect and review records
				  under this section includes the right to:
(1)
				  a response from the participating contractor to reasonable requests for
				  explanations and interpretations of the records;
(2) request that the contractor provide
				  copies of the records containing the information if failure to provide those
				  copies would effectively prevent the parent from exercising the right to
				  inspect and review the records; and
(3) have the parent's representative inspect
				  and review the records.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.223 - Fees for Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor
				  must make available to parents an initial copy of the child's early childhood
				  intervention services record at no cost to the parents.
(b) The contractor may charge a fee for
				  copies of records which are made for the parent under this section if the fee
				  does not effectively prevent the parent from exercising their right to inspect
				  and review those records.
(c) The
				  contractor may not charge a fee to search for or to retrieve information under
				  this section.
(d) The contractor
				  must provide copies to parents according to
				  34
				  CFR §303.405 and §
										303.409.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.225 - Amendment of Records at Parent's Request

Current through Reg. 49, No. 28; July 12, 2024
(a) A parent who believes that information in
				  records collected, maintained, or used under this section is inaccurate or
				  misleading or violates the privacy or other rights of the child, may request
				  the contractor which maintains the information to amend the
				  information.
(b) The contractor
				  decides whether to amend the information in accordance with the request within
				  30 days.
(c) If, after review of
				  the request, the contractor decides the information is inaccurate, misleading
				  or otherwise in violation of the privacy or other rights of the child, it
				  amends the record accordingly and informs the parent in writing.
(d) If the contractor refuses to amend the
				  information in accordance with the request, it informs the parent of the
				  refusal, and advises the parent of the right to a hearing conducted in
				  accordance with the requirements of the FERPA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.227 - Opportunity for a Hearing

Current through Reg. 49, No. 28; July 12, 2024
The contractor shall, on request, provide an opportunity
					 for a hearing to challenge information in early childhood intervention records
					 to ensure that it is not inaccurate, misleading, or otherwise in violation of
					 the privacy or other rights of the child. This hearing must be conducted in
					 accordance with FERPA.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.229 - Minimum Requirements for Conducting a Hearing

Current through Reg. 49, No. 28; July 12, 2024
The hearing must meet at a minimum the following FERPA
					 requirements.
(1) The contractor must
				  hold the hearing within 30 days after it has received the request for the
				  hearing from the parent.
(2) The
				  contractor must give the parent notice of the date, time, and place, reasonably
				  in advance of the hearing.
(3) The
				  hearing may be conducted by any individual including an official of the
				  contractor, who does not have a direct interest in the outcome of the
				  hearing.
(4) The contractor must
				  give the parent a full and fair opportunity to present evidence relevant to the
				  issues under FERPA, including, but not limited to, FERPA regulations at
				  34
				  CFR §99.21. The parent may, at their own
				  expense, be assisted or represented by one or more individuals of his or her
				  own choice, including an attorney.
(5) The contractor must make its decision in
				  writing within 30 days.
(6) The
				  decision must be based solely on the evidence presented at the hearing, and
				  must include a summary of the evidence and the reasons for the
				  decision.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.231 - Results of Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) If, as a result
				  of the hearing, the contractor decides that the information is inaccurate,
				  misleading, or otherwise in violation of the privacy or other rights of the
				  child or family, it must amend the information accordingly and so inform the
				  parent in writing.
(b) If, as a
				  result of the hearing, the contractor decides that the information is accurate
				  and not misleading or otherwise in violation of the privacy or other rights of
				  the child or family, it must inform the parent of the right to place in the
				  record it maintains on the child or family, a statement commenting on the
				  information or setting forth any reasons for disagreeing with the decision of
				  the contractor.
(c) Any explanation
				  placed in the records of the child or family under this section must:
(1) be maintained by the contractor as part
				  of the records of the child or family as long as the record or contested
				  portion is maintained; and
(2) if
				  the records of the child or family or the contested portion is disclosed by the
				  contractor to any party, the explanation must also be disclosed to the
				  party.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.233 - Release of Personally Identifiable Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless authorized to do so under
				  34
				  CFR §
											99.31 or the Uninterrupted
				  Scholars Act (
				  Public Law
				  112-278), parental consent must be obtained before
				  personally identifiable information is:
(1)
				  disclosed to anyone other than officials or employees of Early Childhood
				  Intervention (ECI) participating agencies collecting or using the information;
				  or
(2) used for any purpose other
				  than meeting a requirement under this chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.235 - Safeguards

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor must protect the
				  confidentiality of personally identifiable information at collection, storage,
				  disclosure, and destruction stages.
(b) One official for each contractor shall
				  assume responsibility for ensuring the confidentiality of any personally
				  identifiable information.
(c) All
				  persons collecting or using personally identifiable information must receive
				  training or instruction regarding the state's policies and
				  procedures.
(d) Each contractor
				  must maintain, for public inspection, a current listing of the names and
				  positions of those employees within the agency who may have access to
				  personally identifiable information.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.237 - Record Retention Period

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  contractor must retain records for seven years after the child has been
				  dismissed from services unless a longer period is required by state or federal
				  law.
(b) A contractor must allow
				  HHSC and all appropriate federal and state agencies or their representatives to
				  inspect, monitor, or evaluate client records, books, and supporting documents
				  pertaining to services provided. The contractor and the subcontractors must
				  make these documents available at reasonable times and for reasonable periods.
				  Upon request, the contractor must submit copies of their records, at no cost,
				  to HHSC ECI , the Texas Attorney General's Office, and representatives of the
				  United States Department of Health and Human Services.
(c) The contractor must keep financial and
				  supporting documents, statistical records, and any other records pertinent to
				  the services for which a claim was submitted to HHSC ECI or its agent. The
				  records and documents must be kept for a minimum of seven years after the end
				  of the contract period or for seven years after the end of the federal fiscal
				  year in which services were provided if a contractor agreement/contract has no
				  specific termination date in effect. If any litigation, claim, negotiations,
				  open records request, administrative review, or audit involving these records
				  begins before the seven year period expires, the contractor must keep the
				  records and documents for not less than seven years or until all litigation,
				  claims, negotiations, open records request, administrative review, or audit
				  finds are resolved. The case is considered resolved when a final order is
				  issued in litigation, or HHSC ECI and contractor enter into a written
				  agreement. In this section, contract period means the beginning date through
				  the ending date specified in the original agreement/contract; extensions are
				  considered separate contract periods.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.239 - Destruction of Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  "Destruction," as used in this section, means physical destruction or removal
				  of personal identifiers from information so that the information is no longer
				  personally identifiable.
(b) The
				  contractor must inform the parent when personally identifiable information
				  collected, maintained, or used under this chapter is no longer needed to
				  provide services to the child and family.
(c) The information must be destroyed upon
				  request of the parent; however, a permanent record of the child's name,
				  address, phone number, service dates, delivered early childhood intervention
				  services, and years completed and dismissed may be maintained without time
				  limitation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter B - PROCEDURAL SAFEGUARDS AND DUE PROCESS PROCEDURES › Section 350.241 - Release of Records

Current through Reg. 49, No. 28; July 12, 2024
(a) With informed
				  written parental consent, confidential Part C records may be provided to the
				  public schools when the child is enrolled in school. If the parent refuses to
				  consent, confidential Part C records may not be intermingled with public school
				  records, including records relating to special education.
(b) An agency or provider may not, without
				  informed prior written parental consent, redisclose confidential information
				  obtained from another agency or provider, unless such redisclosure is permitted
				  under the terms of the original disclosure made to the agency or
				  provider.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter C - STAFF QUALIFICATIONS › Section 350.301 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish
					 requirements related to ECI staff qualifications.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter C - STAFF QUALIFICATIONS › Section 350.303 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1) Criminal
				  Background Check--Review of fingerprint-based criminal history record
				  information.
(2) Dual
				  Relationships--When the person providing early childhood intervention services
				  engages in activities with the family that go beyond his or her professional
				  boundaries.
(3) Early Intervention
				  Specialist (EIS) Active Status--When an EIS is employed or subcontracting with
				  a contractor and holds a current active credential.
(4) Early Intervention Specialist (EIS)
				  Inactive Status--When an EIS is not employed or subcontracting with a
				  contractor or does not hold a current active credential.
(5) EIS Registry--A system used by HHSC ECI
				  to maintain current required EIS information submitted by contractors. HHSC ECI
				  designates Early Intervention Specialists. The EIS credential is only valid
				  within the Texas IDEA Part C system.
(6) Individualized Professional Development
				  Plan (IPDP)--The training and technical assistance plan developed when a staff
				  person begins employment at an ECI contractor. The IPDP can include but is not
				  limited to orientation training, EIS credentialing activities, service
				  coordination training, and other training or professional development required
				  by the program or HHSC ECI.
(7)
				  Professional Boundaries--Financial, physical and emotional limits to the
				  relationship between the professional providing early childhood intervention
				  services and the family.
(8)
				  Service Coordinator Active Status--When a service coordinator is employed or
				  subcontracting with a contractor and is current with continuing education
				  requirements specified by HHSC ECI.
(9) Service Coordinator Inactive Status--When
				  a service coordinator is not employed or subcontracting with a contractor or is
				  not current with continuing education requirements specified by HHSC
				  ECI.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter C - STAFF QUALIFICATIONS › Section 350.305 - Employment Records

Current through Reg. 49, No. 28; July 12, 2024
Employment records, including information in the EIS
					 Registry, are subject to the Public Information Act.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter C - STAFF QUALIFICATIONS › Section 350.307 - Personnel Grievances

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  contractor must maintain a procedure for local review of personnel
				  grievances.
(b) The contractor must
				  inform staff of personnel grievance procedures.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter C - STAFF QUALIFICATIONS › Section 350.309 - Minimum Requirements for All Direct Service Staff

Current through Reg. 49, No. 28; July 12, 2024
(a) The contractor must comply with the Texas
				  Health and Human Services Commission (HHSC) Early Childhood Intervention (ECI)
				  requirements related to health regulations for all direct service staff. The
				  contractor must comply with 34 CFR Part 85 and Texas Health and Safety Code
				  Chapter 81.
(b) The contractor must
				  comply with HHSC ECI requirements related to initial training requirements for
				  direct service staff. Before providing services, all staff must:
(1) complete orientation training as required
				  by HHSC ECI. This requirement does not apply to staff employed by the Local
				  Education Agency (LEA);
(2) hold
				  current certification in first-aid and cardiopulmonary resuscitation for
				  children and infants; and
(3)
				  complete universal precautions training.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter C - STAFF QUALIFICATIONS › Section 350.310 - Criminal Background Checks

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  contractor must complete a fingerprint-based criminal background check on every
				  new hire, volunteer, or other person who will be working under the auspices of
				  the contractor before the person has direct contact with children or families,
				  including employees who have had a fingerprint-based check as a requirement of
				  their professional licensure.
(b)
				  The contractor must complete a fingerprint-based criminal background check
				  renewal on any employee, or any other person who will be working under the
				  auspices of the contractor who has direct contact with children or families, at
				  least every 24 months, unless the contractor uses Federal Bureau of
				  Investigations (FBI) Rap Back and gets alerts of any new arrests and
				  convictions. Employees who are covered by the FBI Rap Back service must
				  complete fingerprint-based criminal background checks at least every five
				  years. Employees deemed "unfingerprintable" by the Texas Department of Public
				  Safety or other fingerprinting entity must have a name-based background check
				  completed every 24 months. If at any time a contractor has reason to suspect an
				  employee has been convicted of a crime specified in §
										745.661
				  of this title (relating to What types of criminal convictions may affect a
				  subject's ability to be present at an operation?), the contractor must complete
				  a fingerprint-based criminal background check renewal on the employee in
				  question.
(c) The contractor must
				  ensure that all therapists providing Medicaid services for Early Childhood
				  Intervention children are correctly enrolled with the Texas Medicaid Program.
				  This requirement includes disclosing all criminal convictions and arrests as
				  required by 1 TAC §
										371.1005(relating
				  to Disclosure Requirements). The Texas Health and Human Services Commission
				  (HHSC) Office of Inspector General may recommend denial of an enrollment or
				  re-enrollment based on criminal history, in accordance with 1 TAC §
										371.1011(relating
				  to Recommendation Criteria).
(d)
				  HHSC Child Care Licensing maintains three charts of criminal history
				  requirements for people who regularly enter licensed child care facilities.
(1) The three charts are published on the
				  HHSC website:
(A) Licensed or Certified Child
				  Care Operations: Criminal History Requirements;
(B) Foster or Adoptive Placements: Criminal
				  History Requirements; and
(C)
				  Registered Child Care Homes and Listed Family Homes: Criminal History
				  Requirements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter C - STAFF QUALIFICATIONS › Section 350.311 - Licensed Professionals

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  contractor must comply with HHSC ECI requirements related to minimum
				  qualifications for licensed professionals. The contractor must verify and
				  document that licensed professionals hold a current license in good standing in
				  his or her discipline and practice within the scope of his or her specific
				  state licensure laws and regulations.
(b) A licensed professional must comply with
				  the established licensing board requirements for the licensed professional's
				  discipline for continuing education providing and receiving supervision and
				  conduct.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 350 - EARLY CHILDHOOD INTERVENTION SERVICES › Subchapter C - STAFF QUALIFICATIONS › Section 350.312 - Licensed Practitioner of the Healing Arts (LPHA)

Current through Reg. 49, No. 28; July 12, 2024
(a) The LPHA provides necessary clinical
				  knowledge for the IFSP team to plan and implement individualized, goal oriented
				  services within an interdisciplinary approach.
(b) The LPHA's responsibility is to document
				  the child's progress towards the IFSP outcomes, recommend to the team
				  modifications to the plan as needed, and provide re-assessments or ongoing
				  therapy services as planned on the IFSP.
(c) A LPHA is required to sign the IFSP and
				  in doing so acknowledges the planned services are reasonable and
				  necessary.
(d) The LPHA provides
				  ongoing monitoring and assessment of the IFSP, at least once every six months
				  as part of the periodic review, to provide professional opinion as to the
				  effectiveness of services.