(a) General.
(1) A program provider must ensure that respite consists
of the following:
(A) assistance with ADLs;
(B) assistance with functional living tasks;
(C) assistance with planning and preparing meals;
(D) transportation or assistance in securing transportation;
(E) assistance with ambulation and mobility;
(F) reinforcement of behavioral support or therapy
activities;
(G) assistance with medications and the performance
of tasks delegated by an RN in accordance with state law;
(H) supervision of the individual's safety and security;
and
(I) activities that facilitate the individual's:
(i) inclusion in community activities;
(ii) use of natural supports and typical community
services;
(iii) social interaction:
(iv) participation in leisure activities; and
(v) daily and functional living skills.
(2) A program provider may deliver respite as:
(A) in-home respite; or
(B) out-of-home respite.
(3) A program provider must not:
(A) bill HHSC for more than 30 calendar days or 720
hours of respite per IPC period;
(B) provide respite to an individual receiving licensed
assisted living or licensed home health assisted living;
(C) permit an individual's spouse or a service provider
of transportation provided as a residential habilitation activity
or CFC PAS/HAB with whom the individual lives to provide respite;
or
(D) provide respite to an individual with the individual
present at the same time that one of the following services are provided
to the individual:
(i) employment assistance;
(ii) supported employment;
(iii) day habilitation;
(iv) transportation provided as a residential habilitation
activity; or
(v) CFC PAS/HAB.
(4) A program provider must ensure that a respite service
provider meets the qualifications described in §260.203 of this
chapter (relating to Qualifications of Program Provider Staff) and
the training requirements described in §260.205 of this chapter
(relating to Training).
(b) In-home respite. A program provider must ensure
that in-home respite is provided in the private residence of:
(1) the individual;
(2) the individual's family; or
(3) a respite service provider.
(c) Out-of-home respite.
(1) A program provider must ensure that out-of-home
respite is provided in a location listed in paragraph (2) of this
subsection acceptable to the individual or LAR that:
(A) is an accessible, safe, and comfortable environment
for the individual; and
(B) promotes the individual's health and welfare.
(2) A program provider must provide out-of-home respite
in:
(A) an ICF/IID with a certified capacity of six or
less persons;
(B) an ALF with a licensed capacity of six or less
persons; or
(C) an outdoor camp accredited by the American Camp
Association.
(3) A program provider may provide out-of-home respite
in a residence in which licensed assisted living or licensed home
health assisted living is provided if:
(A) a vacancy exists in the residence;
(B) the individual or LAR approves; and
(C) the service planning team for each individual receiving
services in that residence makes a determination that the respite
visit will cause no threat to the health, safety, and welfare, or
rights and needs of that individual.
|