| (a) Purpose. This section establishes the requirements
for ERS, 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 emergency response services:
(1) is 60 years of age or older;
(2) meets at least one of the following criteria:
(A) lives alone;
(B) is routinely alone for eight or more hours during
a 24-hour period; or
(C) lives with an incapacitated person who is not able
to call for help or otherwise assist in an emergency;
(3) lives in a place other than an LTC facility, personal
care home, foster care setting, or any other institutional setting
where 24-hour supervision is available; and
(4) is at risk, such as being prone to falling or having
an existing medical condition that may be life-threatening if the
program participant does not receive immediate assistance.
(c) Requirement for licensed vendor to provide services.
A AAA must enter into a vendor agreement for the provision of ERS
with an entity licensed:
(1) by the Public Security Bureau of the Texas Department
of Public Safety as an alarms systems company; or
(2) by the Department of State Health Services as a
personal emergency response system provider.
(d) Service authorization. Before ERS 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) Service activities. A AAA must ensure that the
vendor:
(1) coordinates and oversees the installation and management
of the electronic monitoring system;
(2) initiates services within 14 days after the service
effective date on the authorization, unless prohibited by factors
beyond its control such as a natural disaster; and
(3) if a program participant is not available to receive
services during the time frame described in paragraph (2) of this
subsection, initiates services within 72 hours after being notified
the program participant is available.
(f) Responder requirements.
(1) A AAA must, before emergency response services
are initiated, obtain or must ensure that a vendor obtains from the
program participant as many names, as possible, of persons who will
serve as responders.
(2) A AAA must designate or must ensure that a vendor
designates public service personnel as the responder of last resort
for each program participant.
(g) Prerequisites to service. A AAA must ensure that,
before initiating ERS, a vendor:
(1) ensures the program participant:
(A) has the capacity to properly operate the electronic
monitoring system;
(B) has a telephone with a private line, if the electronic
monitoring system requires a private line to function properly; and
(C) signs a release statement allowing a responder
to make a forced entry into the program participant's residence to
respond to an activated alarm call when there are no other means of
entering the residence;
(2) installs the electronic monitoring system;
(3) trains a program participant on the use of the
electronic monitoring system, including:
(A) demonstrating to the program participant how the
system works; and
(B) demonstrating to the program participant how to
activate an alarm call; and
(4) explains to a program participant:
(A) that the program participant must participate in
a system check each month;
(B) that the program participant must contact a service
provider if:
(i) the program participant's telephone number or address
changes; or
(ii) one or more of the program participant's responders
changes;
(C) that the program participant must not willfully
abuse or damage the electronic monitoring system;
(D) that a responder may forcibly enter a program participant's
residence if necessary; and
(E) the procedures for filing a grievance against a
service provider.
(h) Program participant file. A AAA must ensure that
a vendor maintains a file for each program participant that includes:
(1) the name, telephone number, address, and medical
condition of the program participant;
(2) the name and telephone number of the program participant's
physician or primary health care provider;
(3) the name and telephone number of each responder;
(4) a record of all completed and attempted system
checks;
(5) a record of each alarm call;
(6) a copy of all required notices sent to the AAA;
(7) a signed release as required by subsection (g)(1)(C)
of this section;
(8) the program participant's acknowledgment the equipment
belongs to the vendor;
(9) if applicable, documentation showing approval from
the AAA for the continuation of ERS after the time period authorized
in accordance with subsection (d) of this section; and
(10) if applicable, documentation stating that service
delivery was suspended and the reason for the suspension.
(i) Service delivery. A AAA must ensure that a vendor
authorized to provide ERS:
(1) is available and able to respond to an alarm call
from a program participant 24 hours a day, seven days a week; and
(2) in response to an alarm call:
(A) attempts to contact the program participant, within
one minute of the call, to verify an emergency exists before contacting
a responder;
(B) immediately contacts a responder if:
(i) the program participant verifies there is an emergency;
or
(ii) the vendor is unable to reach the program participant;
(C) documents an alarm call at the time it is received
and after it is resolved and includes:
(i) the name of the program participant;
(ii) the date and time an alarm call is received, recorded
in hours, minutes, and seconds;
(iii) the time a monitor called the program participant
in response to an alarm call, recorded in hours, minutes, and seconds;
(iv) the name of the contacted responder;
(v) a brief description of the incident; and
(vi) a statement of how the incident was resolved;
(3) notifies the responder within 24 hours after becoming
aware of a significant change in the program participant's condition;
and
(4) notifies the AAA, in writing, of any significant
change in a program participant's environment within seven days after
becoming aware of the change, including:
(A) a change of address; and
(B) a change in the circumstances described in subsection
(b)(2) of this section.
(j) System checks. A AAA must ensure that a vendor:
(1) conducts a system check by activating the call
button to test the electronic monitoring system at least once during
each calendar month;
(2) documents a completed system check, including the
date and time of a completed system check;
(3) completes a system check three times on three different
days within one week if a system check fails to activate the electronic
monitoring system;
(4) contacts a responder or caregiver (other than public
service personnel) to conduct a system check if the vendor is unable
to complete a system check after three attempts to schedule with the
program participant; and
(5) if unable to conduct a system check, notifies
the AAA in writing within 10 days after:
(A) the date and time of each attempted system check;
(B) the date and time of each attempt to contact a
responder other than public service personnel; and
(C) the reason the program participant was unable to
participate.
(k) Equipment maintenance. A AAA must ensure that a
vendor:
(1) replaces or repairs faulty equipment in the program
participant's electronic monitoring system within one business day
after learning of the faulty equipment if the program participant
is available to permit such repair or replacement;
(2) if the program participant is not available as
described in paragraph (1) of this subsection, replaces or repairs
the equipment as soon as the program participant is available;
Cont'd... |
