Texas Register, Volume 38, Number 25, Pages 3857-4052, June 21, 2013 Page: 3,932
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(1) if the individual receives habilitation, out-of-home
respite in a camp, adaptive aids, or nursing outside the catchment area,
provide an oral explanation to the individual or LAR, on or before
the 35th day of the period services have been provided outside the
catchment area, that:
(A) to ensure the continued provision of habilitation,
out-of-home respite in a camp, adaptive aids, or nursing, the individual
must do one of the following before the 61st day:
(i) transfer to a DSA contract for the catchment area
in which the individual is receiving habilitation, out-of-home respite in
a camp, adaptive aids, or nursing; or
(ii) return to the catchment area in which the indi-
vidual resides; and
(B) if the individual receives habilitation, out-of-home
respite in a camp, adaptive aids, or nursing outside the catchment area
during a period of 60 consecutive days, the individual must return to
the catchment area in which the individual resides and receive services
in that catchment area before the DSA may accept another request from
the individual or LAR that the DSA provide habilitation, out-of-home
respite in a camp, adaptive aids, or nursing outside the catchment area;
and
(2) if the individual or LAR expresses a desire for the in-
dividual to transfer to a DSA contract for the catchment area in which
the individual is receiving habilitation, out-of-home respite in a camp,
adaptive aids, or nursing:
(A) give the individual and LAR or person actively in-
volved with the individual a written list of CMAs and DSAs serving
the catchment area in which the individual is receiving habilitation,
out-of-home respite in a camp, adaptive aids, or nursing;
(B) have the individual or LAR select a CMA and
DSA by completing a Selection Determination form as described in
the CLASS Provider Manual; and
(C) coordinate the individual's transfer in accordance
with 45.401 of this chapter (relating to Coordination of Transfers).
(e) If an individual requests that the case manager convene a
meeting of the service planning team to discuss the DSA's reasons for
declining a request to allow services to be provided outside the catch-
ment area as described in 45.805(h)(1)(B) of this chapter, the case
manager must:
(1) convene the meeting to review the reasons the DSA de-
clined the request that was submitted by the DSA; and
(2) facilitate a discussion between the individual or LAR
and DSA during the meeting regarding the reasons the DSA declined
the request.
(f) [(E)] If the termination of an individual's CLASS Program
services in accordance with Subchapter D of this chapter (relating to
Transfer, Denial, Suspension, Reduction, and Termination of Services)
presents a threat to the individual's health and safety, the CMA must
ensure that the case manager offers the individual access to:
(1) alternative long-term services and supports in the com-
munity; or
(2) institutional services.
(g) A CMA must have documentation that it provided the
oral explanation and information as required under subsections (b),
(c)(1)(A), (c)(2) and (3), and (d)(1) of this section and convened a
meeting as required under subsection (e) of this section.This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on June 10, 2013.
TRD-201302357
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: July 21, 2013
For further information, please call: (512) 438-4466
SUBCHAPTER H. ADDITIONAL DSA
REQUIREMENTS
40 TAC 45.805
STATUTORY AUTHORITY
The amendment is proposed under Texas Government Code,
531.0055, which provides that the HHSC executive com-
missioner shall adopt rules for the operation and provision of
services by the health and human services agencies, including
DADS; Texas Government Code, 531.021, which provides
HHSC with the authority to administer federal funds and plan
and direct the Medicaid program in each agency that operates a
portion of the Medicaid program; and Texas Human Resources
Code, 161.021, which provides that the Aging and Disability
Services Council shall study and make recommendations to the
HHSC executive commissioner and the DADS commissioner
regarding rules governing the delivery of services to persons
who are served or regulated by DADS.
The amendment affects Texas Government Code, 531.0055
and 531.021, and Texas Human Resources Code, 161.021.
45.805. DSA: Service Delivery.
(a) A DSA must ensure that:
(1) each CLASS Program service is provided to an individ-
ual in accordance with:
(A) the individual's IPC; and
(B) the individual's IPP for that service; and
(2) an adaptive aid and minor home modification also
meets the requirements described in Subchapter F of this chapter
(relating to Adaptive Aids and Minor Home Modifications).
(b) A DSA must provide licensed vocational nursing, special-
ized licensed vocational nursing, registered nursing, specialized regis-
tered nursing, habilitation, respite, an adaptive aid, or dental treatment
to an individual, even if not included on the individual's IPC, if a regis-
tered nurse determines that the service is necessary to prevent the indi-
vidual's health and safety from being placed in immediate jeopardy. If
a DSA provides a service under this subsection, the DSA must submit
documentation to the CMA as required by 45.224(a) of this chapter
(relating to Revised IPC and IPP for Services Provided to Prevent Im-
mediate Jeopardy).
(c) A DSA must have a written process that ensures that staff
persons are or can readily become familiar with individuals to whom
they are not ordinarily assigned but to whom they may be required to
provide a CLASS Program service.38 TexReg 3932 June 21, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 25, Pages 3857-4052, June 21, 2013, periodical, June 21, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313177/m1/76/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.