Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 213	AREA AGENCIES ON AGING
SUBCHAPTER B	AREA AGENCY ON AGING ADMINISTRATION
RULE §213.55	Direct Purchase of Service (DPS)

(a) Purpose. Direct Purchase of Service (DPS) is a procurement method that provides flexibility and effective management of resources by purchasing services on a client-by-client basis as determined by an assessment of the individual's service needs.

(b) The DPS procurement method is used:

(1) to facilitate an individual's access to services;

(2) to target limited resources;

(3) to encourage broad participation of service providers in Title III programs;

(4) to promote accuracy in reporting; and

(5) to assist the area agency on aging in meeting key performance measures projection targets .

(1) Vendor Pool. A vendor pool shall be developed and maintained by the area agency on aging using:

(A) Open Enrollment. Open enrollment allows eligible service providers to enroll at any time in the program year; or

(B) Closed Enrollment. Closed enrollment allows eligible service providers to enroll only during the enrollment period established by the area agency on aging; or

(2) Vendor Agreement. A vendor agreement shall be developed by the area agency on aging in accordance with the standards and criteria established by the area agency on aging and TDoA to ensure service providers meet all applicable certifications, standards and criteria established by state law.

(3) Service Authorization.

(A) Service authorization may be provided by an area agency on aging approved access and assistance staff member either by phone or in person.

(B) If the following factors are identifiable or measurable, the area agency on aging must include them in the service authorizations: the number of units authorized, frequency and duration of the service to be purchased.

(C) The vendor list from which a service is authorized shall be regularly reviewed and approved by the area agency on aging.

(d) Match. Match shall be obtained in accordance with §260.2 of this title (relating to Area Agency on Aging Fiscal Responsibilities).

(e) Program Income. Program income shall be accounted for in accordance §260.2 of this title.

(f) Quality Assurance. Quality assurance of services provided by vendors shall be determined through reassessment and other follow-up activities with the client conducted by the area agency on aging. The area agency on aging shall require monthly reports from active vendors. A quality assurance review is conducted to ensure a satisfactory performance in the following areas to determine whether a vendor has met the service criteria established in the vendor agreement and whether :

(1) the vendor is meeting the performance criteria and frequency of the service as authorized for the client;

(2) the vendor is performing those duties specified when the service was authorized;

(3) the client indicated that the services provided are satisfactory; and

(4) services met or exceeded all applicable state and federal guidelines.

Source Note: The provisions of this §213.55 adopted to be effective June 15, 2000, 25 TexReg 5663; amended to be effective June 8, 2003, 28 TexReg 4318; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842; transferred effective June 15, 2021, as published in the May 28, 2021 issue of the Texas Register, 46 TexReg 3422