| (a) PDN services providers must be independently enrolled
in the Texas Medicaid Program to be eligible to receive reimbursement
for providing private duty nursing services through the Texas Health
Steps Comprehensive Care Program.
(b) A PDN services provider must:
(1) be an RN, an LVN under the supervision of an RN,
or a licensed HCSSA;
(2) be enrolled in the Texas Medicaid Program;
(3) comply with the terms of the Texas Medical Assistance
Provider Agreement;
(4) agree to provide services in compliance with all
applicable federal, state, and local laws and regulations, including
the Texas Nursing Practice Act;
(5) comply with all applicable state and federal laws
and regulations relating to the Texas Medicaid Program;
(6) comply with the requirements of the Texas Medicaid Provider Procedures Manual, including
all updates and revisions published bimonthly in the Texas Medicaid Bulletin, and all handbooks,
standards, and guidelines published by HHSC;
(7) comply with accepted professional standards and
principles of nursing practice;
(8) comply with Texas Family Code Chapter 261 and Texas
Human Resources Code Chapter 48, concerning mandatory reporting of
suspected abuse and neglect of children and adults with disabilities;
and
(9) maintain written policies and procedures for obtaining
consent for medical treatment for clients in the absence of the responsible
adult that meet the standards of Texas Family Code §32.001, relating
to Consent by Non-Parent.
(c) Provider Notification of Termination of Services.
(1) Independently enrolled RNs must provide a recipient
at least 30 days written notice of the intent to voluntarily terminate
services, except in situations of a potential threat to the nurse's
personal safety.
(2) An HCSSA must provide a recipient at least five
days written notice of its intent to voluntarily terminate services,
except as allowed by 40 TAC §97.295 (relating to Client Transfer
or Discharge Notification Requirements).
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