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 H - ADDITIONAL DSA REQUIREMENTS
Section 259.361 - Respite and Dental Treatment
Universal Citation: 26 TX Admin Code ยง 259.361
Current through Reg. 49, No. 38; September 20, 2024
(a) An individual may receive a maximum of 30 days of in-home and out-of-home respite combined, during an IPC period.
(b) A DSA must ensure that:
(1) in-home respite is
provided in the individual's residence or the residence of a relative or friend
that is not one of the settings listed in paragraph (2) of this subsection;
(2) out-of-home respite is
provided in one of the following settings:
(A) an agency foster home;
(B) a nursing facility;
(C) an ICF/IID;
(D) an approved outdoor camp accredited by
the American Camping Association;
(E) the residence of another person receiving
a Medicaid waiver service; or
(F)
an ALF; and
(3) the
setting in which out-of-home respite is provided is:
(A) acceptable to the individual or LAR; and
(B) an accessible, safe, and
comfortable environment for the individual and promotes the individual's health
and welfare.
(c) If a DSA provides out-of-home respite in a residence described in subsection (b)(2)(E) of this section, the DSA must:
(1) obtain written approval from each person
residing in the residence who is receiving a Medicaid waiver service, or LAR,
for the provision of respite in the residence; and
(2) ensure that no more than four persons
receiving a Medicaid waiver service are residing in the residence.
(d) The maximum amount HHSC approves as payment to a DSA for all dental treatment and adaptive aids combined for an individual is $10,000 per IPC period.
(e) A DSA must follow the process for requesting authorization to purchase dental treatment described in the Community Living Assistance and Support Services Provider Manual.
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