| (a) Purpose. This section establishes the requirements
for personal assistance services, a service provided under the Older
Americans Act and funded, in whole or in part, by DADS.
(b) Eligibility. A AAA must ensure that a program participant
who receives personal assistance services is:
(1) 60 years of age or older; and
(2) functionally impaired in his or her ability to
perform activities of daily living as described in DADS Program Instruction
AAA - PI - 310 Activities of Daily Living/Instrumental
Activities of Daily Living NAPIS Mapping Requirements.
(c) Requirement for a licensed vendor to provide services.
A AAA must enter into a vendor agreement for the provision of personal
assistance services with an entity licensed by DADS as a home and
community support services agency in accordance with Chapter 97 of
this title (relating to Licensing Standards for Home and Community
Support Services Agencies).
(d) Service authorization. Before personal assistance
services are provided by a vendor to a program participant, a AAA
must ensure that the vendor obtains authorization for the services
from the AAA in accordance with §83.3(o)(2)(B) of this title
(relating to System of Access and Assistance).
(e) Personal assistance services. Personal assistance
services include:
(1) bathing, which includes:
(A) drawing water in sink, basin, or tub;
(B) hauling or heating water;
(C) laying out supplies;
(D) assisting a program participant in or out of tub
or shower;
(E) sponge bathing and drying a program participant;
(F) bed bathing and drying a program participant;
(G) tub bathing and drying a program participant; and
(H) providing standby assistance for a program participant
while the program participant is engaged in bathing activities;
(2) dressing, which includes:
(A) dressing a program participant;
(B) undressing a program participant; and
(C) laying out clothes for a program participant;
(3) meal preparation for a program participant, which
includes:
(A) assisting in planning menus that are appropriate
for the program participant's needs;
(B) cooking a full meal;
(C) warming prepared food;
(D) helping prepare meals;
(E) planning meals; and
(F) cutting a program participant's food for eating;
(4) feeding a program participant, which includes:
(A) spoon-feeding or bottle-feeding, but not tube feeding;
(B) assisting a program participant with using eating
and drinking utensils and adaptive devices; and
(C) providing a program participant with standby assistance
or encouragement while the program participant is eating;
(5) exercising by walking with a program participant;
(6) grooming a program participant, which includes:
(A) caring for teeth;
(B) shaving, including face, underarms, and legs;
(C) caring for nails; and
(D) laying out supplies;
(7) routine hair and skin care, which includes:
(A) washing a program participant's hair;
(B) drying a program participant's hair;
(C) assisting with setting, rolling or braiding a
program participant's hair but not cutting or chemical processing
of hair;
(D) combing or brushing a program participant's hair;
(E) applying nonprescription lotion to a program participant's
skin;
(F) washing hands and face of a program participant;
(G) applying makeup to a program participant; and
(H) laying out supplies;
(8) assistance with self-administered medications,
which includes:
(A) reminding a program participant to take a medication
at the prescribed time;
(B) opening and closing a medication container;
(C) pouring a predetermined quantity of liquid to
be ingested;
(D) returning a medication to the proper storage area;
and
(E) assisting in reordering medications from a pharmacy;
(9) toileting, which includes:
(A) changing a program participant's day briefs;
(B) changing a program participant's colostomy bag,
including emptying the catheter bag;
(C) assisting a program participant with use of a bedpan,
including emptying the bedpan;
(D) assisting a program participant with the use of
a urinal, including emptying the urinal;
(E) assisting a program participant with feminine hygiene
needs;
(F) assisting a program participant with clothing during
toileting;
(G) assisting a program participant with toilet hygiene,
including the use of toilet paper and washing hands;
(H) changing a program participant's external catheter;
(I) preparing toileting supplies and equipment but
not preparing catheter equipment; and
(J) providing standby assistance to the program participant
during toileting activities;
(10) transfer or ambulation of the program participant,
which includes:
(A) non-ambulatory movement of a program participant
from one stationary position to another but not carrying the program
participant;
(B) adjusting or changing a program participant's position
in a bed or chair;
(C) assisting a program participant in rising from
a sitting to a standing position;
(D) assisting a program participant in positioning
for use of a walking apparatus;
(E) assisting a program participant with putting on
and removing leg braces and prostheses for ambulation;
(F) assisting a program participant with ambulation
or using steps;
(G) assisting a program participant with wheelchair
ambulation; and
(H) providing a program participant with standby assistance
while the program participant is engaged in any of the activities
listed in subparagraphs (A) - (G) of this paragraph;
(11) home management (that is, assistance with housekeeping
activities supporting the program participant's health and safety),
which includes:
(A) changing a program participant's bed linens;
(B) cleaning a program participant's house;
(C) laundering a program participant's clothes;
(D) shopping for a program participant;
(E) storing purchased items for a program participant;
and
(F) washing a program participant's dishes; and
(12) escorting a program participant to obtain health
care services and other necessary items and services except as prohibited
by subsection (f)(6) of this section;
(f) Prohibited activities. Personal assistance services
do not include the following activities:
(1) repairing a program participant's home;
(2) grooming a program participant's pet;
(3) moving heavy objects such as furniture for a program
participant;
(4) maintaining a program participant's yard;
(5) performing services for members of a program participant's
household other than the program participant;
(6) transporting a program participant in a vehicle
unless proof of liability insurance covering such transportation has
been verified, in writing, by the vendor;
(7) performing tasks not assigned by the supervisor
of the provider of personal assistance services;
(8) accepting gifts from a program participant;
(9) bringing persons to a program participant's home
who are not providing personal assistance services to the program
participant;
(10) taking personal property from a program participant's
home; or
(11) assuming control of the financial or personal
affairs of a program participant or of his or her estate, including
serving as power of attorney, guardian, or conservator.
(g) Qualifications. A AAA must ensure that a person
providing personal assistance services does not live with the program
participant.
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| Source Note: The provisions of this §213.209 adopted to be effective September 1, 2008, 33 TexReg 7293; transferred effective November 15, 2020, as published in the Texas Register October 30, 2020, 45 TexReg 7721 |
