Current through Reg. 49, No. 38; September 20, 2024
(a) The program provider must ensure the
continuous availability of trained and qualified employees and contractors to
provide the services in an individual's IPC.
(b) The program provider must comply with
applicable laws and regulations to ensure that:
(1) its operations meet necessary
requirements; and
(2) its employees
or contractors 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.
(c) The program
provider must employ or contract with a service provider of the individual's or
LAR's choice to provide a TxHmL Program service or a CFC service if that
service provider:
(1) is qualified to provide
the service;
(2) unless the program
provider agrees to pay a higher amount, provides the service at or below:
(A) for any service except CFC ERS, the
direct services portion of the applicable TxHmL Program rate; and
(B) for CFC ERS, the reimbursement rate;
and
(3) contracts with or
is employed by the program provider.
(d) The program provider must:
(1) conduct initial and periodic training
that ensures staff members and service providers are trained and qualified to
deliver services as required by the current needs and characteristics of the
individual to whom they deliver services; and
(2) ensure that a staff member who
participates in developing an implementation plan for CFC PAS/HAB completes
person-centered service planning training approved by HHSC:
(A) by June 1, 2017, if the staff member was
hired on or before June 1, 2015; or
(B) within two years after hire, if the staff
member was hired after June 1, 2015.
(e) The program provider must implement and
maintain personnel practices that safeguard an individual against infectious
and communicable diseases.
(f) The
program provider must prevent:
(1) conflicts
of interest between program provider personnel and an individual;
(2) financial impropriety toward an
individual;
(3) abuse, neglect, or
exploitation of an individual; and
(4) threats of harm or danger toward an
individual's possessions.
(g) The program provider must employ or
contract with a person who oversees the provision of TxHmL Program services and
CFC services to an individual. The person must:
(1) have at least three years paid work
experience in planning and providing TxHmL Program services or CFC services to
an individual with an intellectual disability or related condition as verified
by written statements from the person's employer; or
(2) have both of the following:
(A) at least three years of experience
planning and providing services similar to TxHmL Program services or CFC
services to a person with an intellectual disability or related condition as
verified by written statements from organizations or agencies that provided
services to the person; and
(B)
participation as a member of a microboard, as verified in writing by:
(i) the certificate of formation of the
non-profit corporation under which the microboard operates filed with the Texas
Secretary of State;
(ii) the bylaws
of the non-profit corporation; and
(iii) a statement by the board of directors
of the non-profit corporation that the person is a member of the
microboard.
(h) The program provider must ensure that a
service provider of community support, day habilitation, or respite is at least
18 years of age and:
(1) has a high school
diploma or a certificate recognized by a state as the equivalent of a high
school diploma; or
(2) has
documentation of a proficiency evaluation of experience and competence to
perform the job tasks that includes:
(A)
written competency-based assessment of the ability to document service delivery
and observations of an individual to be served; and
(B) at least three written personal
references from persons not related by blood that indicate the ability to
provide a safe, healthy environment for an individual being served.
(i) The program provider
must ensure that a service provider of employment assistance or a service
provider of supported employment:
(1) is at
least 18 years of age;
(2) is not:
(A) the spouse of the individual;
or
(B) a parent of the individual
if the individual is a minor; and
(3) has:
(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 to people with
disabilities;
(B) an associate's
degree in rehabilitation, business, marketing, or a related human services
field, and at least one year of paid or unpaid experience providing services to
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 to people with disabilities.
(j) A program provider must ensure that the
experience required by subsection (i) of this section is evidenced by:
(1) for paid experience, a written statement
from a person who paid for the service or supervised the provision of the
service; and
(2) for unpaid
experience, a written statement from a person who has personal knowledge of the
experience.
(k) The
program provider must ensure that a service provider who provides
transportation:
(1) has a valid driver's
license; and
(2) transports
individuals in a vehicle insured in accordance with state law.
(l) The program provider must
ensure that dental treatment is provided by a dentist licensed in accordance
with Texas Occupations Code, Chapter 256.
(m) The program provider must ensure that
nursing is provided by an RN or an LVN.
(n) The program provider must ensure that
adaptive aids meet applicable standards of manufacture, design, and
installation.
(o) The program
provider must ensure that a service provider of behavioral support:
(1) meets one of the following:
(A) is licensed as a psychologist in
accordance with Texas Occupations Code, Chapter 501;
(B) is licensed as a psychological associate
in accordance with Texas Occupations Code, Chapter 501;
(C) is certified by HHSC as described in
§5.161 of this title (relating to Certified Authorized
Provider);
(D) is licensed as a
licensed behavior analyst in accordance with Texas Occupations Code, Chapter
506;
(E) has been issued a
provisional license to practice psychology in accordance with Texas Occupations
Code, Chapter 501;
(F) is licensed
as a licensed clinical social worker in accordance with Texas Occupations Code,
Chapter 505; or
(G) is licensed as
a licensed professional counselor in accordance with Texas Occupations Code,
Chapter 503; and
(2)
completes the web-based HHSC HCS and TxHmL Behavioral Support Services Provider
Policy Training available on the HHSC website:
(A) before providing behavioral support
services;
(B) within 90 calendar
days after the date HHSC issues notice to program providers that HHSC revised
the web-based training; and
(C)
within three years after the most recent date of completion.
(p) The program provider
must ensure that minor home modifications are delivered by contractors who
provide the service in accordance with state and local building codes and other
applicable regulations.
(q) The
program provider must ensure that a service provider of professional therapies
is licensed for the specific therapeutic service provided as follows:
(1) for audiology services, an audiologist
licensed in accordance with Texas Occupations Code, Chapter 401;
(2) for speech and language pathology
services, a speech-language pathologist or licensed assistant in
speech-language pathology licensed in accordance with Texas Occupations Code,
Chapter 401;
(3) for occupational
therapy services, an occupational therapist or occupational therapy assistant
licensed in accordance with Texas Occupations Code, Chapter 454;
(4) for physical therapy services, a physical
therapist or physical therapist assistant licensed in accordance with Texas
Occupations Code, Chapter 453; and
(5) for dietary services, a licensed
dietitian licensed in accordance with Texas Occupations Code, Chapter
701.
(r) The program
provider must comply with §
49.304 of this
title (relating to Background Checks).
(s) A program provider must comply with
§
49.312 of
this title (relating to Personal Attendants).
(t) If the service provider of community
support or CFC PAS/HAB is employed by or contracts with a contractor of a
program provider, the program provider must ensure that the contractor complies
with subsection (s) of this section as if the contractor were the program
provider.
(u) A program provider
must:
(1) ensure that a service provider of
CFC PAS/HAB:
(A) is at least 18 years of
age;
(B) has:
(i) a high school diploma or a certificate
recognized by a state as the equivalent of a high school diploma; or
(ii) 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 the individuals to
be served; and
(II) at least three
written personal references from persons not related by blood that indicate the
ability to provide a safe, healthy environment for the individuals being
served;
(C) is
not:
(i) the spouse of the individual;
or
(ii) a parent of the individual
if the individual is a minor; and
(D) meets any other qualifications requested
by the individual or LAR based on the individual's needs and preferences;
and
(2) if requested by
an individual or LAR:
(A) allow the individual
or LAR to train a CFC PAS/HAB service provider in the specific assistance
needed by the individual and to have the service provider perform CFC PAS/HAB
in a manner that comports with the individual's personal, cultural, or
religious preferences; and
(B)
ensure that a CFC PAS/HAB service provider attends training by HHSC so the
service provider meets any additional qualifications desired by the individual
or LAR.
