Texas Administrative Code › Title 1 - ADMINISTRATION › Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION › Chapter 355 - REIMBURSEMENT RATES › Subchapter H - BASE WAGE REQUIREMENTS FOR PERSONAL ATTENDANTS › Section 355.7051 - Base Wage for a Personal Attendant

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  words and terms, when used in this subchapter, have the following meanings
				  unless the context clearly indicates otherwise.
(1) HHSC contractor--A person who has a
				  written agreement with the Texas Health and Human Services Commission (HHSC) to
				  provide a service to an individual in exchange for payment from HHSC.
(2) Managed care organization or MCO--Has the
				  meaning assigned in §
											353.2 of this title (relating to
				  Definitions).
(3) Personal
				  attendant--
(A) An employee or subcontractor
				  of an HHSC contractor, or an employee of an employer in the consumer directed
				  services (CDS) option, who provides the following services, as described in 40
				  TAC §
												49.101(relating to Application):
(i) services in the Community Attendant
				  Services program;
(ii) services in
				  the Family Care program;
(iii)
				  services in the Primary Home Care program;
(iv) day activity and health
				  services;
(v) residential
				  care;
(vi) in the Community Living
				  Assistance and Support Services Program:
(I)
				  community first choice personal assistance services/habilitation (CFC
				  PAS/HAB);
(II) habilitation
				  (transportation); or
(III) in-home
				  respite;
(vii) in the
				  Deaf-Blind Multiple Disabilities Program:
(I)
				  CFC PAS/HAB;
(II) residential
				  habilitation (transportation);
(III) in-home respite;
(IV) licensed assisted living;
(V) licensed home health assisted living;
				  or
(VI) individualized skills and
				  socialization services;
(viii) in the Home and Community-based
				  Services Program:
(I) CFC PAS/HAB;
(II) supported home living
				  (transportation);
(III) in-home
				  respite; and
(IV) individualized
				  skills and socialization services;
(ix) in the Texas Home Living Program:
(I) CFC PAS/HAB;
(II) community support services
				  (transportation);
(III) in-home
				  respite; or
(IV) individualized
				  skills and socialization services.
(B) An employee or subcontractor of an HHSC
				  contractor who provides the following services in the Home and Community-Based
				  Services--Adult Mental Health program, as described in 26 TAC §
												307.51(relating to Purpose and
				  Application):
(i) assisted living
				  services;
(ii) in-home respite;
				  and
(iii) supported home living
				  services.
(C) An employee
				  or subcontractor of an HHSC contractor or an employee of an employer in the CDS
				  option who provides:
(i) personal care
				  services, as described in Chapter 363, Subchapter F of this title (relating to
				  Personal Care Services); or
(ii)
				  CFC habilitation (CFC HAB) or CFC personal assistance services (CFC PAS), as
				  described in Chapter 354, Subchapter A, Division 27 (relating to Community
				  First Choice).
(D) An
				  employee or subcontractor of an HHSC contractor, or an employee of an employer
				  in the CDS option or in the block grant option, who provides consumer managed
				  personal attendant services as described in 26 TAC Chapter 275 (relating to
				  Consumer Managed Personal Attendant Services (CMPAS) Program).
(E) A provider or an employee of an employer
				  in the CDS option who provides:
(i) in the
				  STAR+PLUS program and STAR+PLUS Home and Community-based Services (HCBS)
				  program:
(I) assisted living;
(II) CFC PAS;
(III) CFC HAB;
(IV) day activity and health
				  services;
(V) in-home respite
				  care;
(VI) personal assistance
				  services; or
(VII) protective
				  supervision;
(ii) in the
				  STAR Health program and Medically Dependent Children Program (MDCP):
(I) day activity and health
				  services;
(II) CFC PAS;
(III) CFC HAB;
(IV) flexible family support;
(V) in-home respite; or
(VI) personal care services; or
(iii) in the STAR Kids program and
				  MDCP:
(I) CFC PAS;
(II) CFC HAB;
(III) personal care services;
(IV) day activity and health
				  services;
(V) flexible family
				  support services; or
(VI) in-home
				  respite.
(4) Provider--Has the meaning assigned in
				  §
											353.2 of this title.