| (a) HHSC may allow program providers and service coordinators
to use one or more of the exceptions described in subsections (c)
- (j) of this section while an executive order or proclamation declaring
a state of disaster under Texas Government Code §418.014 is in
effect. HHSC notifies program providers and LIDDAs:
(1) if it allows an exception to be used; and
(2) if an exception is allowed to be used, the date
the exception must no longer be used, which may be before the declaration
of a state of disaster expires.
(b) In this section "disaster area" means
the area of the state specified in an executive order or proclamation
described in subsection (a) of this section.
(c) Notwithstanding the definition of "implementation
plan" in §263.3 of this chapter (relating to Definitions),
the signature of an individual who resides in the disaster area is
not required on the individual's implementation plan, if:
(1) the meeting required by §263.302(a)(5)(A)
of this chapter (relating to Renewal and Revision of an IPC) is conducted
by videoconferencing or telephone;
(2) the individual or LAR orally agrees with the implementation
plan; and
(3) the program provider documents the individual's
or LAR's oral agreement on the implementation plan.
(d) Notwithstanding §263.8(a) of this chapter
(relating to Comprehensive Nursing Assessment), the comprehensive
nursing assessment completed by an RN is not required to be completed
in person for an individual who resides in the disaster area, if the
RN conducts the assessment as a telehealth service or by telephone.
(e) Notwithstanding §263.104(j)(2)(A)(i)(I)(-a-)
and (-b-), of this chapter (relating to Process for Enrollment of
Applicants), a LIDDA is not required to conduct a standardized measure
of intellectual functioning in person, or to conduct a standardized
measure of adaptive abilities in person for an individual who resides
in the disaster area, if the LIDDA conducts the standardized measures
by videoconferencing.
(f) Notwithstanding §263.104(j)(2)(B)(i) of this
chapter, a LIDDA is not required to conduct an ICAP assessment in
person for an individual who resides in the disaster area if the LIDDA
conducts the ICAP assessment by videoconferencing.
(g) Notwithstanding §263.302(e)(1)(B) of this
chapter, a program provider is not required to ensure that an individual
who resides in the disaster area or LAR signs and dates a renewal
or revised IPC, if:
(1) the meeting required by §263.302(a)(4) and
(b)(3)(D)(ii) of this chapter is conducted by videoconferencing or
telephone;
(2) the program provider documents on the renewal or
IPC the reason for and the topics discussed at the meeting;
(3) the individual or LAR orally agrees with the renewal
or revised IPC; and
(4) the program provider documents the individual's
or LAR's oral agreement on the renewal or the revised IPC.
(h) Notwithstanding §263.304(a)(1) of this chapter
(relating to Service Limits), the service limit of adaptive aids for
an individual who resides in the disaster area may be exceeded if:
(1) the requested adaptive aid that causes the service
limit to be exceeded is:
(A) an adaptive aid that replaces an adaptive aid destroyed
as a result of the disaster; or
(B) the repair of an adaptive aid that was damaged
as a result of the disaster;
(2) the addition of the requested adaptive aid to the
individual's IPC does not result in:
(A) the service limit of adaptive aids being exceeded
by more than $5,000; or
(B) the individual's IPC cost limit for HCS program
services being exceeded as described in §263.101(a)(3)(A), (B),
and (C) of this chapter (relating to Eligibility Criteria for HCS
Program Service and CFC Services);
(3) the program provider:
(A) includes the cost of the requested adaptive aid
on the revised IPC; and
(B) submits to HHSC, within 180 days after the effective
date of the order or proclamation described in subsection (a) of this
section, a written request to HHSC to approve the requested adaptive
aid that includes:
(i) a description of the adaptive aid that is replacing
the adaptive aid destroyed as a result of the disaster, which may
include pictures or other descriptive information from a catalog,
web-site or brochure;
(ii) a description of the repair to an adaptive aid
that was damaged as a result of the disaster;
(iii) one bid for the requested adaptive aid from a
vendor that includes:
(I) the total cost of the requested adaptive aid; and
(II) the name, address and telephone number of the
vendor who must not be a relative of the individual; and
(iv) a statement from the program provider that the
adaptive aid is not available through a third party resource; and
(4) the requested adaptive aid is approved by HHSC.
(i) Notwithstanding §263.304(a)(3)(A) and (B)
of this chapter, the service limit of minor home modifications for
an individual who resides in the disaster area may be exceeded if:
(1) the requested minor home modification that causes
the service limit to be exceeded is:
(A) a minor home modification that replaces a minor
home modification that was destroyed as a result of the disaster;
or
(B) the repair of a minor home modification that was
damaged as a result of the disaster;
(2) the addition of the requested minor home modification
to the individual's IPC does not result in:
(A) the service limit of minor home modification being
exceeded by more than $3,750; or
(B) the individual's IPC cost limit for HCS program
services being exceeded as described in §263.101(a)(3)(A), (B),
or (C) of this chapter;
(3) the program provider:
(A) includes the cost of the requested minor home modification
on the revised IPC;
(B) submits to HHSC, within 180 days after the effective
date of the order or proclamation described in subsection (a) of this
section, a written request to HHSC to approve the requested minor
home modification that includes:
(i) a description of the minor home modification that
is replacing the minor home modification destroyed as a result of
the disaster, which may include pictures or other descriptive information
from a catalog, web-site, or brochure;
(ii) a description of the repair to a minor home modification
that was damaged as a result of the disaster;
(iii) one bid for the requested minor home modification
from a vendor that includes:
(I) the total cost of the requested minor home modification;
and
(II) the name, address and telephone number of the
vendor who must not be a relative of the individual; and
(iv) a statement from the program provider that the
minor home modification is not available through a third party resource;
and
(4) the requested minor home modification is approved
by HHSC.
(j) Notwithstanding §263.901(e)(9) of this chapter,
a service coordinator is not required to ensure that an individual
who resides in the disaster area or LAR sign the PDP, if:
(1) the meeting required by §263.302(a)(1)(B)
and (b)(3)(D)(i) of this chapter is conducted by videoconferencing
or telephone;
(2) the service coordinator documents on the PDP the
reason for and the topics discussed at the meeting;
(3) the individual or LAR orally agrees with the PDP;
and
(4) the service coordinator documents the individual's
or LAR's oral agreement on the PDP.
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