| (a) The program provider must ensure the continuous
availability of trained and qualified service providers to deliver
the required services, as determined by the individual's needs and
characteristics.
(b) The program provider must:
(1) comply with 40 Texas Administrative Code (TAC) §49.304
(relating to Background Checks);
(2) comply with 40 TAC §49.312 (relating to Personal
Attendants), including when the service provider of supported home
living or CFC personal assistance services/habilitation (CFC PAS/HAB)
is employed by or contracts with a contractor of a program provider;
(3) obtain the criminal history record of the potential
staff member or potential contractor from the Texas Department of
Public Safety directly or through a private agency before hiring or
contracting with the potential staff member;
(4) not employ or contract with a potential staff member,
service provider, or volunteer who:
(A) has been convicted of an offense listed, and for
the time periods set forth, in Texas Health and Safety Code §250.006;
(B) is a registered sex offender; or
(C) has been convicted of an offense that the program
provider determines is a contraindication;
(5) search the following registries before hire or
execution of a contract and every 12 months thereafter to determine
if a staff member or service provider is eligible for employment:
(A) the Employee Misconduct Registry; and
(B) the Nurse Aide Registry;
(6) search the following registries before hire or
execution of a contract and every month thereafter to determine if
an employee or contractor is eligible for employment:
(A) the List of Excluded Individuals and Entities maintained
by the United States Department of Health and Human Services; and
(B) the List of Excluded Individuals and Entities maintained
by the Texas Health and Human Services Commission (HHSC) Office of
Inspector General; and
(7) not hire or continue employment for a staff member
or service provider who is listed on:
(A) the Employee Misconduct Registry as unemployable;
(B) the Nurse Aide Registry as revoked or suspended;
(C) the List of Excluded Individuals and Entities maintained
by the United States Department of Health; or
(D) the List of Excluded Individuals and Entities maintained
by Health and Human Services office of Inspector General or by HHSC
Office of Inspector General.
(c) The program provider must develop and implement
policy and procedures:
(1) that ensure only staff members and service providers
with a valid driver's license and insurance transport individuals;
and
(2) are revised if a shortcoming is identified.
(d) If the service provider of supported home living
or CFC PAS/HAB is employed by or contracts with a contractor of a
program provider, the program provider must ensure that the contractor
complies with subsection (b)(2) of this section as if the contractor
were the program provider.
(e) The program provider must:
(1) employ or contract with a person or entity of the
individual's or legally authorized representative's (LAR's) choice
to provide a Home and Community-based Services Program or CFC service
to the individual if that person or entity:
(A) is qualified to provide the service; and
(B) is willing to contract with or be employed by the
program provider to provide the service in accordance with this subchapter;
or
(2) have and document good cause not to employ or contract
with the person or entity of the individual's or LAR's choice.
(f) If a program provider contracts with a person or
entity to provide transition assistance services (TAS), the person
or entity must have a contract to provide TAS in accordance with 40
TAC Chapter 49 (relating to Contracting for Community Services).
(g) The program provider must create and implement
a policy that prevents:
(1) conflicts of interest between the program provider,
a staff member, or a service provider and an individual, such as the
acceptance of payment for goods or services (except payment for room
and board) from which the program provider, staff member, or service
provider could financially benefit;
(2) financial impropriety toward an individual including:
(A) unauthorized disclosure of information related
to an individual's finances; and
(B) any purchase of goods that are not requested for
the individual, cannot be used by the individual, or are not intended
for the individual's use;
(3) abuse, neglect, or exploitation of an individual;
(4) damage to, or prevention of an individual's access
to, the individual's possessions; and
(5) threats of the actions described in paragraphs
(2) - (4) of this subsection.
(h) A program provider must comply with 42 United States
Code §1396a(w), regarding requirements about advance directives.
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