(a) DADS may require a contractor, FMSA, or CDS option
participant to use an EVV system.
(b) A contractor, FMSA, or CDS option participant required
to use EVV:
(1) must use an EVV system approved by DADS or certified
by the Texas Health and Human Services Commission to document the
provision of a service described in §68.101 of this chapter (relating
to Application), except under circumstances described in guidelines
on the DADS website;
(2) must comply with DADS requirements for documentation
of information not documented by an EVV system in the provision of
a service described in §68.101 of this chapter; and
(3) must comply with applicable federal and state laws
regarding confidentiality of information regarding a person receiving
a service described in §68.101 of this chapter.
(c) A contractor or FMSA required to use EVV:
(1) must ensure that documentation that may be generated
by an EVV system is available for review in accordance with the contract;
and
(2) must provide, upon request and at no charge, a
copy of documentation that may be generated by an EVV system to DADS
and any other federal or state agency authorized to have access to
such documentation.
(d) An FMSA must make an EVV system approved by DADS
available to a CDS option participant.
(e) A contractor may use confidential information,
including the name and contact information of a person receiving a
service described in §68.101 of this chapter from another contractor,
only for the authorized purpose for which the confidential information
was legally obtained.
(f) A contractor, FMSA, or CDS option participant must,
at any time, allow DADS to access an EVV system used by the contractor,
FMSA, or CDS option participant.
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