Current through Reg. 50, No. 13; March 28, 2025
(a) HHSC may allow
program providers and service coordinators to use one or more of the exceptions
described in subsections (c) - (j) 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 and LIDDAs:
(1) if it 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 the definition of "implementation plan" in §
263.3 of this chapter (relating to
Definitions), the signature of an individual who resides in the disaster area
is not required on the individual's implementation plan, if:
(1) the meeting required by §
263.302(a)(5)(A)
of this chapter (relating to Renewal and Revision of an IPC) is conducted by
videoconferencing or telephone;
(2)
the individual or LAR orally agrees with the implementation plan; and
(3) the program provider documents the
individual's or LAR's oral agreement on the implementation plan.
(d) Notwithstanding §
263.8(a) of this
chapter (relating to Comprehensive Nursing Assessment), the comprehensive
nursing assessment completed by an RN is not required to be completed in person
for an individual who resides in the disaster area, if the RN conducts the
assessment as a telehealth service or by telephone.
(e) Notwithstanding
§263.104(j)(2)(A)(i)(I)(-a-) and (-b-), of this chapter (relating to
Process for Enrollment of Applicants), a LIDDA is not required to conduct a
standardized measure of intellectual functioning in person, or to conduct a
standardized measure of adaptive abilities in person for an individual who
resides in the disaster area, if the LIDDA conducts the standardized measures
by videoconferencing.
(f)
Notwithstanding §
263.104(j)(2)(B)(i)
of this chapter, a LIDDA is not required to
conduct an ICAP assessment in person for an individual who resides in the
disaster area if the LIDDA conducts the ICAP assessment by
videoconferencing.
(g)
Notwithstanding §
263.302(e)(1)(B)
of this chapter, a program provider is not required to ensure that an
individual who resides in the disaster area or LAR signs and dates a renewal or
revised IPC, if:
(1) the meeting required by
§
263.302(a)(4) and (b)(3)(D)(ii)
of this chapter is conducted by
videoconferencing or telephone;
(2)
the program provider documents on the renewal or IPC the reason for and the
topics discussed at the meeting;
(3) the individual or LAR orally agrees with
the renewal or revised IPC; and
(4)
the program provider documents the individual's or LAR's oral agreement on the
renewal or the revised IPC.
(h) Notwithstanding §
263.304(a)(1) of
this chapter (relating to Service Limits), the service limit of adaptive aids
for an individual who resides in the disaster area may be exceeded if:
(1) the requested adaptive aid that causes
the service limit to be exceeded is:
(A) an
adaptive aid that replaces an adaptive aid destroyed as a result of the
disaster; or
(B) the repair of an
adaptive aid that was damaged as a result of the disaster;
(2) the addition of the requested adaptive
aid to the individual's IPC does not result in:
(A) the service limit of adaptive aids being
exceeded by more than $5,000; or
(B) the individual's IPC cost limit for HCS
program services being exceeded as described in §
263.101(a)(3)(A), (B), and
(C) of this chapter (relating to Eligibility
Criteria for HCS Program Service and CFC Services);
(3) the program provider:
(A) includes the cost of the requested
adaptive aid on the revised IPC; and
(B) submits to HHSC, within 180 days after
the effective date of the order or proclamation described in subsection (a) of
this section, a written request to HHSC to approve the requested adaptive aid
that includes:
(i) a description of the
adaptive aid that is replacing the adaptive aid destroyed as a result of the
disaster, which may include pictures or other descriptive information from a
catalog, web-site or brochure;
(ii)
a description of the repair to an adaptive aid that was damaged as a result of
the disaster;
(iii) one bid for the
requested adaptive aid from a vendor that includes:
(I) the total cost of the requested adaptive
aid; and
(II) the name, address and
telephone number of the vendor who must not be a relative of the individual;
and
(iv) a statement from
the program provider that the adaptive aid is not available through a third
party resource; and
(4) the requested adaptive aid is approved by
HHSC.
(i) Notwithstanding
§
263.304(a)(3)(A) and
(B) of this chapter, 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) the repair of a minor home
modification that was damaged as a result of the disaster;
(2) the addition of the requested minor home
modification to the individual's IPC does not result in:
(A) the service limit of minor home
modification being exceeded by more than $3,750; or
(B) the individual's IPC cost limit for HCS
program services being exceeded as described in §
263.101(a)(3)(A), (B), or
(C) of this chapter;
(3) the program provider:
(A) includes the cost of the requested minor
home modification on the revised IPC;
(B) submits to HHSC, within 180 days after
the effective date of the order or proclamation described in subsection (a) of
this section, a written request to HHSC to approve the requested minor home
modification that includes:
(i) a description
of the minor home modification that is replacing the minor home modification
destroyed as a result of the disaster, which may include pictures or other
descriptive information from a catalog, web-site, or brochure;
(ii) a description of the repair to a minor
home modification that was damaged as a result of the disaster;
(iii) one bid for the requested minor home
modification from a vendor that includes:
(I)
the total cost of the requested minor home modification; and
(II) the name, address and telephone number
of the vendor who must not be a relative of the individual;
and
(iv) a statement from
the program provider that the minor home modification is not available through
a third party resource; and
(4) the requested minor home modification is
approved by HHSC.
(j)
Notwithstanding §
263.901(e)(9) of
this chapter, a service coordinator is not required to ensure that an
individual who resides in the disaster area or LAR sign the PDP, if:
(1) the meeting required by §
263.302(a)(1)(B) and (b)(3)(D)(i)
of this chapter is conducted by
videoconferencing or telephone;
(2)
the service coordinator documents on the PDP the reason for and the topics
discussed at the meeting;
(3) the
individual or LAR orally agrees with the PDP; and
(4) the service coordinator documents the
individual's or LAR's oral agreement on the PDP.
