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 260.353 - Respite
Universal Citation: 26 TX Admin Code ยง 260.353
Current through Reg. 49, No. 38; September 20, 2024
(a) General.
(1) A program provider must ensure that
respite consists of the following:
(A)
assistance with ADLs;
(B)
assistance with functional living tasks;
(C) assistance with planning and preparing
meals;
(D) transportation or
assistance in securing transportation;
(E) assistance with ambulation and
mobility;
(F) reinforcement of
behavioral support or therapy activities;
(G) assistance with medications and the
performance of tasks delegated by an RN in accordance with state law;
(H) supervision of the individual's safety
and security; and
(I) activities
that facilitate the individual's:
(i)
inclusion in community activities;
(ii) use of natural supports and typical
community services;
(iii) social
interaction:
(iv) participation in
leisure activities; and
(v) daily
and functional living skills.
(2) A program provider may deliver respite
as:
(A) in-home respite; or
(B) out-of-home respite.
(3) A program provider must not:
(A) bill HHSC for more than 30 calendar days
or 720 hours of respite per IPC period;
(B) provide respite to an individual
receiving licensed assisted living or licensed home health assisted
living;
(C) permit an individual's
spouse or a service provider of transportation provided as a residential
habilitation activity or CFC PAS/HAB with whom the individual lives to provide
respite; or
(D) provide respite to
an individual with the individual present at the same time that one of the
following services are provided to the individual:
(i) employment assistance;
(ii) supported employment;
(iii) day habilitation;
(iv) transportation provided as a residential
habilitation activity; or
(v) CFC
PAS/HAB.
(4) A
program provider must ensure that a respite service provider meets the
qualifications described in §
260.203 of this chapter (relating
to Qualifications of Program Provider Staff) and the training requirements
described in §
260.205 of this chapter (relating
to Training).
(b) In-home respite. A program provider must ensure that in-home respite is provided in the private residence of:
(1) the
individual;
(2) the individual's
family; or
(3) a respite service
provider.
(c) Out-of-home respite.
(1) A program provider must ensure
that out-of-home respite is provided in a location listed in paragraph (2) of
this subsection acceptable to the individual or LAR that:
(A) is an accessible, safe, and comfortable
environment for the individual; and
(B) promotes the individual's health and
welfare.
(2) A program
provider must provide out-of-home respite in:
(A) an ICF/IID with a certified capacity of
six or less persons;
(B) an ALF
with a licensed capacity of six or less persons; or
(C) an outdoor camp accredited by the
American Camp Association.
(3) A program provider may provide
out-of-home respite in a residence in which licensed assisted living or
licensed home health assisted living is provided if:
(A) a vacancy exists in the
residence;
(B) the individual or
LAR approves; and
(C) the service
planning team for each individual receiving services in that residence makes a
determination that the respite visit will cause no threat to the health,
safety, and welfare, or rights and needs of that individual.
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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