| (a) Purpose and Goals. This rule establishes the requirements
for implementation by area agencies on aging of the system of access
and assistance. Each area agency on aging shall establish and maintain
a system of access and assistance. The program shall incorporate necessary
strategies and activities to meet the following goals:
(1) to provide persons age 60 years and older efficient
access to needed services;
(2) to conduct effective screening and assessment of
individual needs and preferences;
(3) to efficiently and effectively target resources
so that persons most in need receive assistance; and
(4) to establish a strong local role and clear identity
of the area agency on aging as a source of access and assistance
for eligible persons and/or their family members or other caregivers.
(b) Outcomes.
(1) The area agency on aging shall achieve the following
system outcomes.
(A) The area agency on aging will conduct outreach
and marketing efforts to inform eligible persons and/or their family
members or other caregivers of available services.
(B) The area agency on aging shall serve as a source
of connection to comprehensive information on services, benefits and
opportunities.
(C) The area agency on aging system of access and assistance
shall meet specific local needs and take advantage of specific local
strengths and resources including volunteers.
(D) Access and assistance services are accessible,
flexible, coordinated and designed to support an individual's highest
level of functioning in the least restrictive environment.
(E) Access and assistance services are available to
persons age 60 years and older and/or his/her family member or other
caregiver regardless of income.
(F) The area agency on aging system of access and assistance
shall have the capability to respond to racially, culturally and ethnically
diverse groups.
(2) The area agency on aging shall achieve the following
client outcomes.
(A) Eligible persons and/or their family members or
other caregivers served are provided sufficient information to make
informed decisions about services.
(B) People in need are connected with existing benefits
and services.
(C) Clients are provided an opportunity to express
their level of satisfaction with access and assistance services received.
(D) Services are provided so that clients maintain
hope, dignity, respect and independence.
(c) The area agency on aging system of access and assistance
shall include:
(1) Information, Referral and Assistance;
(2) Benefits Counseling;
(3) Care Coordination; and
(4) Ombudsman Services.
(d) Professional Staffing. The area agency on aging
shall strive to maintain an adequate level of professional access
and assistance staff who possess necessary general and specialized
knowledge. Where applicable, access and assistance staff must complete
the training and certification requirements set forth by the Department.
(e) System Integration.
(1) The system of access and assistance shall strive
to develop cooperative working relationships with local service providers
to build an integrated service delivery system which ensures broad
access to and information about community services, maximizes the
utilization of existing resources, avoids duplication of effort and
gaps in services and facilitates the ability of people who need services
to easily find the most appropriate provider.
(2) Coordination with the Texas Department of Human
Services. Area agency on aging access and assistance staff shall work
with the local Texas Department of Human Services (TDHS) staff to
ensure any person who may be eligible for TDHS services will be referred
to that agency. The area agency on aging may provide services to persons
who are eligible for TDHS services in the following instances:
(A) the person is on an interest list for TDHS services;
(B) the person is in need of immediate service provision
and awaiting determination of eligibility for TDHS services; or
(C) the person is in need of immediate service provision
and awaiting location and placement of a TDHS family care or primary
home care service provider.
(f) Client Eligibility. Eligible clients include any
person age 60 years and older and/or his/her family member or other
caregiver .
(g) Client Intake. The intake process varies with the
type of service indicated. For all clients, access and assistance
staff will determine client needs and preferences. If clients have
multiple or complex needs, access and assistance staff will gather
identifying information to determine eligibility for services funded
by the area agency on aging or other agencies.
(h) Prohibited Service Activities. Access and assistance
staff will not perform or participate in any of the following activities:
(1) accepting gifts from a client;
(2) lending or borrowing money or articles to or from
a client;
(3) transporting a client in an access and assistance
staff person's automobile unless appropriate liability insurance is
in force; and
(4) driving or riding in a client's automobile.
(i) Confidentiality of Client Records. Area agency
on aging access and assistance staff shall comply with the requirements
described in 40 TAC §270.1(d), regarding confidentiality of client
records.
(j) Release of Client Information. When referrals are
made, access and assistance staff must obtain and clearly document
the consent of the client for release of confidential information
to other service provider agency(ies). This consent may be obtained
from the client verbally or in writing.
(k) Client Contributions.
(1) Area agency on aging access and assistance staff
must comply with the requirements described in 40 TAC §270.1(j),
regarding client contributions.
(2) Care management clients who meet the criteria identified
in Human Resources Code 101, Subchapter C relating to Options for
Independent Living shall be encouraged to contribute towards the cost
of their care through a suggested contribution schedule.
(l) Conflicts of Interest. The area agency on aging
shall ensure that any conflicts of interest between the function of
access and assistance and the provision of direct client services
are disclosed to the Department. The intent is to separate the function
of access and assistance from the provision of other client services.
(m) Reporting. The area agency on aging must comply
with the reporting requirements identified in §260.1(c)(2) of
this title (relating to programmatic reports).
(n) Information, Referral and Assistance. The information,
referral and assistance process consists of activities such as assessing
the needs of the inquirer, evaluating appropriate resources, assessing
appropriate response modes, identifying organizations capable of meeting
those needs, providing enough information about each organization
to help inquirers make an informed choice, helping inquirers for
whom services are unavailable by locating alternative resources, when
necessary, actively participating in linking the inquirer to needed
services and following up on referrals to ensure the service was received
or provided.
(1) Target Population.
(A) Information, referral and assistance services shall
be provided to any person age 60 years and older and/or his/her family
member or other caregiver.
(B) Information, referral and assistance services shall
be provided to Medicare beneficiaries of any age under the provisions
of funds received from the Centers for Medicare and Medicaid Services.
(2) Access and assistance staff shall provide telephone,
electronic or walk-in information, referral and assistance services
in which the inquirer has one-to-one contact with an information,
referral and assistance specialist. In accordance with §260.1
of this title, the published phone number will be answered "Area Agency
on Aging" when the call is received.
(3) Service providers shall coordinate with emergency
response organizations, such as local law enforcement agencies or
other existing agencies/activities as appropriate to provide the necessary
coverage.
(4) The area agency on aging telephone messaging system
will provide callers with appropriate emergency phone numbers when
calls are received after hours.
(5) Resource Information.
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