Current through Reg. 50, No. 13; March 28, 2025
(a) The service
provider agency must maintain a continuous and adequate network of qualified
individual service providers and must allow for choice whenever
possible.
(b) The service provider
agency must ensure the continuous availability of trained and qualified
individual service providers to provide the IHSS on a designated resident's
plan of care.
(c) The service
provider agency must ensure that individual service providers are not the LAR
of the designated resident and are not related to the designated resident in
anything less than a third degree by blood or second degree by
marriage.
(d) The service provider
agency must comply with applicable laws and rules to ensure that:
(1) its operations meet necessary
requirements; and
(2) individual
service providers possess legally necessary licenses, certifications,
registrations, or other credentials and are in good standing with the
appropriate professional agency before performing any function or delivering
services.
(e) The service
provider agency must conduct initial and periodic training that ensures
individual service providers are trained and qualified to deliver services as
required by the current needs of the designated resident for whom they deliver
services.
(f) The service provider
agency must:
(1) prevent conflicts of interest
between provider personnel and a designated resident;
(2) prevent abuse, neglect, or exploitation
of a designated resident;
(3)
prevent the restriction of rights of the designated resident; and
(4) implement and maintain personnel
practices that safeguard a designated resident against infectious and
communicable diseases.
(g) The service provider agency must ensure
that an individual service provider of independent living skills training or
day habilitation:
(1) is at least 18 years of
age; and
(2) has one of the
following:
(A) a high school diploma or a
certificate recognized by a state as the equivalent of a high school diploma;
or
(B) documentation of a
proficiency evaluation of experience and competence to perform the job tasks
that includes:
(i) a written competency-based
assessment of the ability to document service delivery and observations of a
designated resident to be served; and
(ii) at least three written personal
references from individuals not related by blood or marriage to the individual
service provider that indicate the individual service provider can provide a
safe, healthy environment for a designated resident being served.
(h) The
service provider agency must ensure that an individual service provider of
employment assistance or supported employment:
(1) is at least 18 years of age;
and
(2) has one of the following:
(A) a bachelor's degree in rehabilitation,
business, marketing, or a related human services field, and at least six months
of paid or unpaid experience providing services for people with
disabilities;
(B) an associate
degree in rehabilitation, business, marketing, or a related human services
field, and at least one year of paid or unpaid experience providing services
for people with disabilities; or
(C) a high school diploma or a certificate
recognized by a state as the equivalent of a high school diploma, and at least
two years of paid or unpaid experience providing services for people with
disabilities.
(i) The service provider agency must ensure
that experience required is evidenced by a written statement from an individual
who:
(1) paid for the service or supervised
the provision of the service, for paid experience; and
(2) has personal knowledge of the experience,
for unpaid experience.
(j) The service provider agency must ensure
that an individual who provides transportation:
(1) has a valid driver's license;
and
(2) transports designated
residents in a vehicle insured in accordance with state law.
(k) The service provider agency
must ensure that an individual service provider of behavioral support:
(1) is licensed as a psychologist in
accordance with Texas Occupations Code, Chapter 501;
(2) is licensed as a psychological associate
in accordance with Texas Occupations Code, Chapter 501;
(3) has been issued a provisional license to
practice psychology in accordance with Texas Occupations Code, Chapter
501;
(4) is licensed as a behavior
analyst in accordance with Texas Occupations Code, Chapter 506;
(5) is licensed as a clinical social worker
in accordance with Texas Occupations Code, Chapter 505; or
(6) is licensed as a professional counselor
in accordance with Texas Occupations Code, Chapter 503.
