| (a) Purpose. This section establishes the requirements
for respite voucher services, a service provided under the Older Americans
Act and funded, in whole or in part, by DADS.
(b) Description of services. Respite voucher services
are the provision of vouchers to a program participant to allow the
program participant to select a respite provider, establish a work
schedule and payment rate, and provide the respite provider information
and training on the program participant's needs.
(c) Eligibility.
(1) In accordance with the Older Americans Act, §372,
a AAA must ensure that a program participant who receives respite
voucher services is:
(A) an adult who is an informal provider of in-home
and community care for an individual who:
(i) is 60 years of age or older; and
(I) is unable to perform at least two activities of
daily living without substantial human assistance, including verbal
reminding, physical cueing, or supervision; or
(II) due to a cognitive or other mental impairment,
requires substantial supervision because the individual behaves in
a manner that poses a serious health or safety hazard to the individual
or another person; or
(ii) has Alzheimer's disease or a related disorder
with neurological and organic brain dysfunction; or
(B) a person who is 55 years of age or older who:
(i) is a grandparent, step-grandparent, or relative
by blood, marriage, or adoption of an individual with a disability
or a child;
(ii) is the primary caregiver for the individual with
a disability or the child because the individual's or child's biological
or adoptive parents are unable or unwilling to serve as the primary
caregiver; and
(iii) lives with the individual with a disability or
the child; and
(I) has a legal relationship to the individual or the
child, such as guardianship; or
(II) is caring for the individual or the child informally.
(2) An adult who is paid by a person or entity to provide
caregiving services to an individual described in paragraph (1) of
this subsection is not eligible to receive respite voucher services
in regard to the same individual.
(d) Targeting. In the provision of respite voucher
services a AAA must ensure that:
(1) priority is given to persons described in §85.201(f)
of this chapter (relating to AAA Administrative Responsibilities);
(2) for persons described in subsection (c)(1)(A)(ii)
of this section, priority is given to persons who provide care for
individuals who are 60 years of age or older with Alzheimer's disease
or a related disorder with neurological and organic brain dysfunction;
and
(3) for persons described in subsection (c)(1)(B) of
this section, priority is given to persons who provide care for children
with severe disabilities.
(e) Application process. A AAA must:
(1) implement an application process to allow a person
to apply for respite voucher services;
(2) process the applications received, including verifying
that the requirement described in subsection (c)(1)(A) or (c)(1)(B)
of this section are met; and
(3) notify the applicant of whether or not the application
is approved.
(f) Information for program participants. A AAA must
give a program participant written information to assist the program
participant in performing the following activities:
(1) interviewing potential respite providers;
(2) requiring potential respite providers to provide
references;
(3) checking references of respite providers;
(4) selecting a qualified respite provider in accordance
with subsection (g) of this section;
(5) deciding upon, in discussion with the respite provider,
an hourly, daily, or weekly rate to be paid to the provider;
(6) informing or training the respite provider on the
specific needs of the program participant;
(7) ensuring proper payment for respite voucher services
by recording the number of hours or days of respite used and the total
amount claimed against the voucher;
(8) ensuring federal tax guidelines for household employees
are followed in accordance with IRS Publication 926;
(9) notifying the AAA if the program participant's
address changes;
(10) monitoring the quality of the respite voucher
services provided; and
(11) notifying the AAA if the program provider is dissatisfied
with a respite provider.
(g) Qualifications of a respite provider. A respite
provider selected by a program participant:
(1) must be an adult;
(2) may be, except as provided in paragraph (3) of
this subsection, any person or entity, including a family member or
friend of the program participant or a licensed adult day care facility;
and
(3) must not:
(A) be the spouse or legal guardian of the program
participant; or
(B) live with the program participant.
(h) Assistance in finding a respite provider. A AAA
must assist a program participant in finding a respite provider if
such assistance is requested by the program participant.
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| Source Note: The provisions of this §213.219 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 |
