Current through Reg. 49, No. 52; December 27, 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;
(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
(vii) in the
Deaf-Blind Multiple Disabilities Program:
(II) residential
habilitation (transportation);
(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:
(II) supported home living
(transportation);
(III) in-home
respite; and
(IV) individualized
skills and socialization services;
(ix) in the Texas Home Living Program:
(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:
(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;
(IV) flexible family support;
(VI) personal care services; or
(iii) in the STAR Kids program and
MDCP:
(III) personal care services;
(IV) day activity and health
services;
(V) flexible family
support services; or
(4) Provider--Has the meaning assigned in
§
353.2 of this title.
(b) An HHSC contractor, other than
an HHSC contractor described in subsection (c) or (d) of this section, must pay
a personal attendant a base wage of at least $10.60 per hour.
(c) An HHSC contractor that has a contract
for financial management services (FMS) must ensure that an employer in the CDS
option, or designated representative, pays a personal attendant a base wage of
at least $10.60 per hour.
(d) An
HHSC contractor that has a CMPAS contract must:
(1) pay a personal attendant who is an
employee or subcontractor of the contractor in the traditional service option
or block grant option a base wage of at least $10.60 per hour; and
(2) ensure that an individual employer of a
personal attendant under the block grant option or CDS option, or the
individual's representative, pays a personal attendant a base wage of at least
$10.60 per hour.
(e) An
MCO must require an MCO contractor, other than an MCO contractor described in
subsection (f) of this section, to pay a personal attendant a base wage of at
least $10.60 per hour.
(f) An MCO
must require that an MCO contractor that has a contract for FMS ensures that an
employer in the CDS option or designated representative pays a personal
attendant a base wage of at least $10.60 per hour.
