Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 260 - DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
Subchapter F - SERVICE DESCRIPTIONS AND REQUIREMENTS
Division 3 - REQUIREMENTS FOR OTHER DBMD PROGRAM SERVICES
Section 260.343 - Day Habilitation, Residential Habilitation, and CFC PAS/HAB

Universal Citation: 26 TX Admin Code § 260.343

Current through Reg. 49, No. 38; September 20, 2024

(a) Day habilitation.

(1) Before including day habilitation on an individual's IPC, a program provider must ensure and maintain documentation in the individual's record that day habilitation is not available to the individual under a program funded under §110 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 701 et seq.) or under a program funded under the Individuals with Disabilities Education Act (20 U.S.C. § 1401 et seq.).

(2) A program provider must ensure that day habilitation includes:

(A) assistance in acquiring, retaining, or improving the self-help, socialization, and adaptive skills necessary to live successfully in the community and participate in home and community life;

(B) providing the individual with individualized activities:

(i) in environments designed to foster the development of skills and behavior supportive of greater independence and personal choice consistent with achieving the outcomes identified in the individual's IPP; and

(ii) designed to reinforce therapeutic outcomes targeted by other DBMD Program services, CFC services, school, or other support providers; and

(C) providing transportation necessary for the individual's participation in day habilitation activities, such as shopping, swimming, going to the park, or other community activities.

(3) A program provider must ensure day habilitation:

(A) is provided to an individual in a non-residential setting separate from the individual's own or family home or the residence in which the individual receives licensed assisted living or licensed home health assisted living that:

(i) is accessible to and usable by the individual;

(ii) is maintained in good repair;

(iii) has at least two means of egress; and

(iv) is in continuous compliance with applicable local building codes and ordinances and applicable state and federal laws, rules, and regulations;

(B) reinforces:

(i) therapeutic outcomes identified by other DBMD Program services and CFC services; and

(ii) for an individual eligible for public education services, education goals in the Individualized Education Program (IEP) and services provided by the school district;

(D) is not provided to an individual at the same time that any of the following services are provided:

(i) employment assistance with the individual present;

(ii) supported employment with the individual present;

(iii) transportation provided as a residential habilitation activity;

(iv) 24-hour licensed assisted living;

(v) 24-hour licensed home health assisted living;

(vi) respite; or

(vii) CFC PAS/HAB.

(4) A program provider must ensure a day habilitation service provider works with one individual at a time unless the individual's service planning team documents on the IPP that the individual's needs can be met with a day habilitation service provider to individual ratio of one-to-two or one-to-three.

(5) A program provider must ensure that for a service-provider-to-individual ratio higher than one-to-three, that the IPP includes a recommendation from the service planning team and supporting documentation of the individual's ability to integrate and meaningfully participate in an environment with a ratio higher than one-to-three.

(6) A program provider may bill for time spent by a day habilitation service provider:

(A) in direct contact with an individual;

(B) participating as a member of an individual's service planning team; or

(b) Residential habilitation.

(1) A program provider must ensure:

(A) residential habilitation:

(i) is not provided to an individual receiving licensed assisted living or licensed home health assisted living;

(I) in the individual's own or family home; or

(II) in a setting outside the individual's own or family home appropriate for the type of residential habilitation activities described in the individual's IPP;

(ii) includes:

(I) transportation; or

(II) assistance in securing transportation;

(III) assistance with ambulation and mobility;

(IV) reinforcement of behavioral support or therapy activities;

(V) assistance with medications and the performance of tasks delegated by an RN in accordance with state law;

(VI) supervision of the individual's safety and security;

(VII) assistance with acquisition, retention, or improvement in skills related to activities of daily living, including:

(-a-) personal grooming and cleanliness;

(-b-) bed making and household chores; and

(-c-) preparation and consumption of food;

(VIII) use of natural supports and typical community services; and

(IX) social interaction and participation in leisure activities; and

(iii) is not provided to the individual at the same time that one of the following services are provided:

(I) employment assistance with the individual present;

(II) supported employment with the individual present;

(III) day habilitation;

(IV) respite; or

(V) CFC PAS/HAB; and

(B) a residential habilitation service provider works with no more than one individual at a time.

(2) A program provider may bill for time spent by a residential habilitation service provider transporting an individual.

(1) A program provider must ensure CFC PAS/HAB is not provided to an individual receiving licensed assisted living or licensed home health assisted living.

(2) A program provider must ensure CFC PAS/HAB is not provided to an individual at the same time that one of the following services are provided:

(A) employment assistance with the individual present;

(B) supported employment with the individual present;

(D) respite; or

(E) transportation provided as a residential habilitation activity.

(3) A program provider must ensure a CFC PAS/HAB service provider works with no more than one individual at a time.

(4) If an individual's IPC includes CFC PAS/HAB, a program provider must ensure compliance with § 260.213 of this chapter (relating to Service Backup Plans).

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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