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) - (n) 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 §
260.61(c) 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)
If the initial visit described in subsection (c) of this section is conducted
by videoconferencing:
(1) the case manager may
complete the requirements described in §260.61(c)(1) - (3) of this chapter
by videoconferencing;
(2) the case
manager or an appropriate professional must not complete an adaptive behavior
screening assessment required by §
260.61(c)(6) of
this chapter by videoconferencing;
(3) the case manager or an RN must not
complete a Related Conditions Eligibility Screening Instrument required by
§
260.61(c)(7) of
this chapter by videoconferencing;
(4) an RN may complete a nursing assessment
of an individual who resides in the disaster area required by
§260.61(c)(8) in accordance with the RN's licensing requirements by
videoconferencing or in person;
(5)
the case manager must not perform the assessment needed to complete the ID/RC
Assessment required by §
260.61(c)(4) of
this chapter by videoconferencing; and
(6) the signature of the individual or LAR on
a Waiver Program Verification of Freedom of Choice form required by §
260.61(c)(5) of
this chapter may be replaced by the case manager noting on the form that the
individual or LAR chose the DBMD Program over the ICF/IID Program.
(e) Notwithstanding §
260.67(a) of this
chapter (relating to Development of a Proposed Enrollment IPC), a service
planning team meeting for an individual who resides in the disaster area may be
conducted by videoconferencing or in person.
(f) If the service planning team meeting
described in subsection (e) of this section is conducted by videoconferencing:
(1) the case manager may obtain the
signatures of the service planning team members other than the individual or
LAR on the proposed enrollment IPC required by §
260.67(c)(1) of
this chapter after the service planning team meeting; and
(2) the case manager may replace the
signature of the individual or LAR on the proposed enrollment IPC required by
§
260.67(c)(1) of
this chapter by noting on the enrollment IPC that the individual or LAR orally
agreed to the proposed enrollment IPC.
(g) Notwithstanding §
260.77(a) of this
chapter (relating to Renewal and Revision of an IPP and IPC), a case manager
may meet with an individual who resides in the disaster area and the LAR by
videoconferencing or in person.
(h)
Notwithstanding §260.77(b)(1)(E), (c)(1), or (d)(1) of this chapter, a
service planning team meeting for an individual who resides in the disaster
area may be conducted by videoconferencing or in person.
(i) If a service planning team meeting
described in subsection (h) of this section is conducted by videoconferencing,
a case manager must:
(1) replace the signature
of an individual or LAR required by §260.77(a)(5)(A), (b)(1)(E)(vii),
(c)(3), or (d)(3) of this chapter by documenting on the new or revised IPP that
the individual or LAR orally agreed to the new or revised IPP;
(2) obtain the signatures of the service
planning team members required by §260.77(a)(5)(A), (b)(1)(E)(vii),
(c)(3), or (d)(3) of this chapter, other than the individual or LAR, on the
revision or renewal IPP after the service planning team meeting;
(3) replace the signature of the individual
or LAR on a proposed renewal or proposed revised IPC required by
§260.77(a)(5)(A), (b)(1)(E)(vii), (c)(3), or (d)(3) of this chapter 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
(4) obtain the signatures of
the service planning team members required by §260.77(a)(5)(A),
(b)(1)(E)(vii), (c)(3), or (d)(3) of this chapter, other than the individual or
LAR, on the revision or renewal IPC after the service planning team
meeting.
(j)
Notwithstanding §
260.77(a)(2)(C)
of this chapter, a case manager is not required to ensure that an individual
who resides in the disaster area or LAR sign the HHSC IPP Service Review form
or a form the program provider developed, if:
(1) the meeting required by §
260.77(a) of this
chapter is conducted by telephone or videoconferencing;
(2) the individual or LAR orally agree with
the HHSC IPP Service Review form or a form the program provider developed;
and
(3) the case manager documents
the individual's or LAR's oral agreement on the HHSC IPP Service Review form or
a form the program provider developed.
(k) Notwithstanding §
260.301(a) of
this chapter (relating to Authorization Amount and Other Limits for Adaptive
Aids), the service limit may be exceeded if:
(1) the requested adaptive aid or repair that
causes the service limit to be exceeded is:
(A) an adaptive aid that replaces an adaptive
aid that was destroyed as a result of the disaster; or
(B) the 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 exceed a total limit of $15,000 during
the IPC period, which includes the cost of repair and maintenance of an
adaptive aid.
(l)
Notwithstanding §
260.303(a)(1) and
(b) of this chapter (relating to Requirements
for Authorization to Purchase or Lease an Adaptive Aid) and
§260.305(a)(1), (c), (d), (f) and (g) of this chapter (relating to
Requirements for Bids for an Adaptive Aid), if an individual requests the
repair or replacement of an adaptive aid damaged or destroyed as result of a
disaster:
(1) instead of the service planning
team completing the HHSC Rationale for Adaptive Aids, Medical Supplies, and
Minor Home Modifications form, the program provider must obtain:
(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
requested repair or replacement of an adaptive aid from a vendor that complies
with §
260.305(b) of
this chapter; and
(2) the
case manager 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 renewal or revised IPC;
(B) the renewal or revised IPP;
(C) the description and bid of the repair or
replacement described in paragraph (1) of this subsection; and
(D) a written statement that the requested
adaptive aid or repair is not available through a third-party
resource.
(m)
Notwithstanding §
260.315(a) of
this chapter (relating to Authorization Limit for Minor Home Modification and
Amount for Repair and Maintenance), the service limit of minor home
modifications for an individual who resides in the disaster area may be
exceeded if:
(1) the requested minor home
modification 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 the total
limit of $15,000 for a minor home modification during the time the individual
is enrolled in the DBMD program.
(n) Notwithstanding §§260.317,
260.319, 260.321, and 260.323 (relating to Requesting Authorization to Purchase
a Minor Home Modification that Costs Less than $1,000, Requesting Authorization
to Purchase a Minor Home Modification that Costs $1,000 or More, 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 program provider must obtain:
(A) a description of the repair or
replacement of a minor home modification that was damaged or destroyed as a
result of the disaster; and
(B) one
bid for the requested repair or replacement of a minor home modification from a
vendor that includes:
(i) the total cost of
the requested 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 in the individual's proposed renewal
or proposed revised IPC and 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 program director or the RN designated
by the program provider must sign the proposed renewal or proposed revised IPC
and IPP; and
(4) the program
provider 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 and bid of
the repair or replacement described in paragraph (1) of this subsection;
and
(D) a written statement that
the requested minor home modification or repair is not available through a
third-party resource.
(o) Notwithstanding §
260.205(c)(1) and
(2) of this chapter (relating to Training), a
program director, a case manager, an intervener, and 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.
