Current through Reg. 49, No. 38; September 20, 2024
(a) HHSC may allow
a program provider to use one or more of the exceptions described in
subsections (c) - (p) of this section while an executive order or proclamation
declaring a state of disaster under Texas Government Code §
418.014 is in effect.
HHSC notifies program providers:
(1) if HHSC
allows an exception to be used; and
(2) if an exception is allowed to be used,
the date the exception must no longer be used, which may be before the
declaration of a state of disaster expires.
(b) In this section "disaster area" means the
area of the state specified in an executive order or proclamation described in
subsection (a) of this section.
(c)
Notwithstanding §
259.61(a)(2) of
this chapter (relating to Process for Enrollment of an Individual), an initial
visit for an individual who resides in the disaster area may be conducted by
videoconferencing or in person.
(d)
Notwithstanding §
259.61(h)(1)(A) and
(B) of this chapter, a DSA staff person may
complete the requirements described in §
259.61(h)(1)(A)
of this chapter for an individual who resides in the disaster area by
videoconferencing or in person.
(e)
Notwithstanding §
259.61(h)(2) of
this chapter, an appropriate professional may complete an adaptive behavior
screening assessment of an individual who resides in the disaster area by
videoconferencing in accordance with the professional's licensing requirements
or in person.
(f) Notwithstanding
§259.61(h)(3)(A) - (C) and §
259.75(a)(1)(B)
of this chapter (relating to Annual Review by HHSC of Whether an Individual
Meets LOC VIII Criteria), an RN may complete the HHSC CLASS/DBMD Nursing
Assessment form, the HHSC Related Conditions Eligibility Screening Instrument,
and the ID/RC Assessment of an individual who resides in the disaster area by
videoconferencing in accordance with the RN's licensing requirements or in
person.
(g) Notwithstanding §
259.65(c)(1)(A)
of this chapter (relating to Development of an Enrollment IPC), a case manager
is not required to ensure an individual who resides in the disaster area or LAR
signs and dates an enrollment IPC and IPP if:
(1) the meeting required by §
259.65(a)(1) of
this chapter is conducted by videoconferencing;
(2) the individual or LAR orally agrees with
the enrollment IPC and IPPs; and
(3) the case manager documents the
individual's or LAR's oral agreement on the enrollment IPC and IPPs.
(h) Notwithstanding §
259.79(a)(1) and
(2) of this chapter (relating to Renewal and
Revision of an IPC), a case manager may conduct all IPP service review meetings
with an individual who resides in the disaster area and LAR in person or by
videoconferencing.
(i)
Notwithstanding §
259.79(b)(6) of
this chapter, a case manager is not required to ensure that an individual who
resides in the disaster area or LAR signs the HHSC IPP Service Review form, if:
(1) the meeting required by §
259.79(a) of this
chapter is conducted by videoconferencing;
(2) the individual or LAR orally agree with
the HHSC IPP Service Review form; and
(3) the case manager documents the
individual's or LAR's oral agreement on the HHSC IPP Service Review form.
(j) If a service
planning team meeting described in §259.79(c) is conducted by
videoconferencing for an individual who resides in the disaster area, a case
manager may:
(1) on a renewal or revised IPP:
(A) notwithstanding §
259.79(f)(2)(A)
of this chapter, replace the signature of an individual or LAR by documenting
on the renewal or revised IPP that the individual or LAR orally agreed to the
renewal or revised IPP; and
(B)
notwithstanding §
259.79(f)(2)(C)
of this chapter, obtain the signature of the DSA after the service planning
team meeting; and
(2) on
a proposed renewal or proposed revised IPC:
(A) notwithstanding §
259.79(g)(1)(A)
of this chapter, replace the signature of the individual or LAR by documenting
on the proposed renewal or proposed revised IPC that the individual or LAR
orally agreed to the proposed renewal or proposed revised IPC; and
(B) notwithstanding §
259.79(g)(1)(C)
of this chapter, obtain the signature of the DSA after the service planning
team meeting.
(k) Notwithstanding §
259.73(a)(1) of
this chapter (relating to Service Limits), the combined cost for adaptive aids
and dental treatment may exceed $10,000 during an IPC period if:
(1) the requested adaptive aid or repair that
causes the combined cost to be exceeded is:
(A) an adaptive aid that replaces an adaptive
aid that was destroyed as a result of the disaster; or
(B) a repair of an adaptive aid that was
damaged as a result of the disaster; and
(2) the requested adaptive aid or repair
added to the individual's IPC does not result in the combined cost of dental
treatment and adaptive aids to exceed $15,000 during the IPC period, which
includes the cost of repair and maintenance of an adaptive aid.
(l) Notwithstanding §
259.255(a) of
this chapter (relating to Requirements for Authorization to Purchase an
Adaptive Aid Costing Less Than $500), if an individual requests the repair or
replacement of an adaptive aid damaged or destroyed as a result of a disaster:
(1) a DSA must provide to the case manager:
(A) a description of the repair or
replacement of the adaptive aid that was damaged or destroyed as a result of
the disaster; and
(B) the cost of
the repair or replacement of the adaptive aid;
(2) the case manager must:
(A) include the cost of the adaptive aid or
repair, which must be within the cost described in subsection (k)(2) of this
section, in the individual's:
(i) proposed
renewal or proposed revised IPC; and
(ii) renewal or revised IPP;
(B) obtain the individual or LAR's
oral agreement to the proposed renewal or proposed revised IPC and IPP;
(C) document the individual's or
LAR's oral agreement on the proposed renewal or proposed revised IPC and IPP;
and
(D) sign the proposed renewal
or proposed revised IPC and IPP;
(3) the DSA must sign the proposed renewal or
proposed revised IPC and IPP; and
(4) the CMA must submit to HHSC, no later
than 180 days after the effective date of the order or proclamation described
in subsection (a) of this section:
(A) the
proposed renewal or proposed revised IPC;
(B) the renewal or revised IPP;
(C) the description of the repair or
replacement described in paragraph (1) of this subsection; and
(D) a written statement of the case manager
that the requested adaptive aid or repair is not available through a
third-party resource.
(m) Notwithstanding §§
259.257,
259.259, and
259.261 of this chapter (relating
to Requirements for Authorization to Purchase an Adaptive Aid Costing $500 or
More, Requirements for Specifications for an Adaptive Aid, and Requirements for
Bids of an Adaptive Aid), if an individual requests the repair or replacement
of an adaptive aid costing $500 or more damaged or destroyed as a result of a
disaster:
(1) the DSA must provide to the
case manager:
(A) a description of the repair
or replacement of an adaptive aid that was damaged or destroyed as a result of
the disaster; and
(B) one bid for
the repair or replacement of an adaptive aid from a vendor that includes:
(i) the cost of the repair or replacement of
the adaptive aid, which may be from a catalog, website, or brochure price list;
(ii) the amount of any additional
expenses related to the delivery of the adaptive aid, including shipping and
handling, taxes, installation, and other labor charges;
(iii) the date of the bid; and
(iv) the name, address, and telephone number
of the vendor, who may not be a relative of the individual;
(2) the case manager
must:
(A) include the cost of the adaptive
aid or repair, which must be within the cost described in subsection (k)(2) of
this section, in the individual's:
(i)
proposed renewal or proposed revised IPC; and
(ii) renewal or revised IPP;
(B) obtain the individual's or
LAR's oral agreement;
(C) document
the individual's or LAR's oral agreement on the proposed renewal or proposed
revised IPC and IPP; and
(D) sign
the proposed renewal or proposed revised IPC and IPP;
(3) the DSA must sign the proposed renewal or
proposed revised IPC and IPP; and
(4) the CMA must submit to HHSC, no later
than 180 days after the effective date of the order or proclamation described
in subsection (a) of this section:
(A) the
description and bid of the repair or replacement described in paragraph (1) of
this subsection;
(B) the proposed
renewal or proposed revised IPC and IPP, completed as described in paragraphs
(2) and (3) of this subsection; and
(C) a written statement of the case manager
that the requested adaptive aid or repair is not available through a
third-party resource.
(n) Notwithstanding §
259.73(a)(2) of
this chapter, the service limit for minor home modifications for an individual
who resides in the disaster area may exceed $10,000 during the time the
individual is enrolled in the CLASS program if:
(1) the requested minor home modification or
repair that causes the service limit to be exceeded is:
(A) a minor home modification that replaces a
minor home modification that was destroyed as a result of the disaster; or
(B) a repair of a minor home
modification that was damaged as a result of the disaster; and
(2) the requested minor home
modification or repair added to the individual's IPC does not exceed $15,000
for minor home modifications during the time the individual is enrolled in the
CLASS program.
(o)
Notwithstanding §§
259.275,
259.277, and
259.279 of this chapter (relating
to Requirements for Authorization to Purchase a Minor Home Modification,
Requirements for Specifications for a Minor Home Modification, and Bid
Requirements for a Minor Home Modification), if an individual requests the
repair or replacement of a minor home modification damaged or destroyed as a
result of a disaster:
(1) the DSA must
provide to the case manager:
(A) a
description of the repair or replacement of the minor home modification that
was damaged or destroyed as a result of the disaster; and
(B) one bid for the repair or replacement of
the minor home modification from a vendor that includes:
(i) the cost of the repair or replacement of
the minor home modification, which may be from a catalog, website, or brochure
price list;
(ii) the amount of any
additional expenses related to the delivery of the minor home modification,
including shipping and handling, taxes, installation, and other labor charges;
(iii) the date of the bid; and
(iv) the name, address, and
telephone number of the vendor, who may not be a relative of the individual;
(2) the case
manager must:
(A) include the cost of the
minor home modification or repair, which must not exceed the cost described in
subsection (n)(2) of this section, in the individual's:
(i) proposed renewal or proposed revised IPC;
and
(ii) renewal or revised IPP;
(B) obtain the
individual or LAR's oral agreement;
(C) document the individual's or LAR's oral
agreement on the proposed renewal or proposed revised IPC and IPP; and
(D) sign the proposed renewal or
proposed revised IPC and IPP;
(3) the DSA must sign the proposed renewal or
proposed revised IPC and IPP; and
(4) the CMA must submit to HHSC, no later
than 180 days after the effective date of the order or proclamation described
in subsection (a) of this section:
(A) the
description and bid of the repair or replacement described in paragraph (1) of
this subsection;
(B) the proposed
renewal or proposed revised IPC and IPP, completed as described in paragraphs
(2) and (3) of this subsection; and
(C) a written statement of the case manager
that the requested adaptive aid or repair is not available through a
third-party resource.
(p) Notwithstanding §
259.357(b)(1)(B) and
(b)(2)(B) of this chapter (relating to
Training of DSA Staff Persons, Service Providers, and Volunteers), a service
provider may complete an online training course in cardiopulmonary
resuscitation and choking prevention but an in-person evaluation by a qualified
instructor is not required to be completed, if:
(1) as a result of the disaster, the service
provider is unable to arrange for the in-person evaluation; and
(2) the in-person evaluation is completed
within 90 calendar days after the disaster ends.
