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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 281CONTRACTING TO PROVIDE HOME-DELIVERED MEALS
RULE §281.41Billing and Claims Payment

(a) A provider agency must accept the contracted reimbursement rates as payment in full for the meals provided and seek no other reimbursements from any source, except as allowed by DADS.

(b) For Title XX services, a provider agency:

  (1) must provide an individual with an opportunity to donate toward the cost of a meal;

  (2) must not require the individual to donate toward the cost of a meal;

  (3) may provide the individual with a donation schedule that only suggests an amount based on income range of the program population being served, but may not determine an individual's donation amount using an individual's income;

  (4) must protect the individual's privacy with respect to the individual's donations;

  (5) must establish appropriate procedures to secure and account for all donations made; and

  (6) must use all of an individual's donations to support or expand services for which the individual donated, in accordance with state and federal laws.

(c) DADS may reimburse a provider agency for up to two failed deliveries per month per individual if:

  (1) a meal delivery is attempted;

  (2) the individual or responsible party is not home to accept it; and

  (3) the individual's services were not suspended or terminated by DADS or the provider agency on the dates of the two failed deliveries.

(d) One unit of service is one meal per individual per contracted day.


Source Note: The provisions of this §281.41 adopted to be effective March 1, 2004, 29 TexReg 1672; amended to be effective June 12, 2014, 39 TexReg 4657; transferred effective June 28, 2024, as published in the June 7, 2024, issue of the Texas Register, 49 TexReg 4063

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