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RULE §354.1342Conditions for Participation

To claim for school health and related services (SHARS) as described in §354.1341 of this division (relating to Benefits and Limitations), Local Education Agencies (LEAs) must:

  (1) ensure that services are provided in a manner and environment consistent with:

    (A) the student's physical and mental condition;

    (B) the overall goals and objectives of the student's individualized education program (IEP) or Section 504 Plan; and

    (C) other services and schedules prescribed in the student's IEP or Section 504 Plan;

  (2) ensure that services are provided by persons licensed, accredited, or certified by the appropriate federal or state agency or recognized professional organization to deliver the specific service(s);

  (3) abide by the rules and regulations of the Texas Education Agency and HHSC related to service delivery, record-keeping, documentation, client confidentiality, and access to client records by other professionals involved in the implementation of the student's IEP or Section 504 Plan;

  (4) ensure that applicable staff complete SHARS trainings as directed by HHSC;

    (A) Time study and SHARS programmatic training are required for LEA administrative staff and recommended for direct service staff in their first year of participation;

    (B) SHARS cost report training is required by each primary SHARS financial contact;

    (C) Required training(s) must be completed each federal fiscal year and is not retroactive to previous federal fiscal years;

  (5) comply with parental consent and notification requirements in 34 CFR §300.154 before accessing a student's Medicaid to pay for SHARS prescribed in the student's Section 504 Plan or IEP;

  (6) be enrolled and approved for participation in the Texas Medical Assistance Program (Medicaid);

  (7) sign a written agreement with HHSC or its designee agreeing to comply with the terms of the agreement and all requirements of Medicaid, including regulations, rules, handbooks, standards, and guidelines published by HHSC or its designee;

  (8) comply with §355.8443 of this title (relating to Reimbursement Methodology for School Health and Related Services (SHARS));

  (9) participate in the HHSC-administered time study;

  (10) certify each quarter the Total Computable Expenditure (Total Computable Expenditure = amount paid (Federal share) + calculated State/Local share);

  (11) submit an annual cost report, as described in §355.8443 of this title; and

  (12) comply with all applicable federal, state, and local laws and regulations regarding the services provided.

Source Note: The provisions of this §354.1342 adopted to be effective April 30, 1991, 16 TexReg 2227; transferred effective September 1, 1993, as published in the Texas Register September 7, 1993, 18 TexReg 5978; transferred effective September 1, 2001, as published in the Texas Register May 24, 2002, 27 TexReg 4561; amended to be effective October 1, 2011, 36 TexReg 4651; amended to be effective July 14, 2016, 41 TexReg 5038; amended to be effective November 27, 2022, 47 TexReg 7657

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