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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 259COMMUNITY LIVING ASSISTANCE AND SUPPORT SERVICES (CLASS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER HADDITIONAL DSA REQUIREMENTS
RULE §259.363DSA: Documentation of Services Delivered and Recordkeeping

(a) A DSA must ensure that for each direct service provided, except adaptive aids, dental treatment, minor home modifications, CFC ERS, CFC support management, and a direct service that is documented through an electronic visit verification system, as listed in 1 TAC §354.4005(b) (relating to Applicability), a service provider:

  (1) documents:

    (A) the type of service provided;

    (B) the date and the time the service begins and ends;

    (C) the type of contact (phone or in-person);

    (D) the name of the person with whom the contact occurred;

    (E) a description of the activity performed, unless the activity is a non-delegated task provided by an unlicensed service provider that is documented on an IPP;

    (F) the signature and title of the service provider; and

    (G) the progress or lack of progress in achieving a goal or outcome in the individual's IPP in observable, measurable terms that directly relate to the specific goal or outcome; and

  (2) completes an HHSC Documentation of Services Delivered form to document the provision of a direct service that is supported by the documentation required in paragraph (1) of this subsection.

(b) A DSA must ensure that, after a service provider makes the last entry on an HHSC Documentation of Services Delivered form, a staff person other than the service provider signs and dates the form as a timekeeper as verification of the accuracy of the information on the form.

(c) A DSA must maintain a separate record for each individual receiving CLASS Program services and CFC services from the DSA. The individual's record must include:

  (1) a copy of the individual's current IPC and any other IPC authorized for the current IPC period;

  (2) a copy of the individual's current IPP and any other IPP developed for the current IPC period;

  (3) a copy of the individual's current PAS/HAB plan;

  (4) if transportation is included on the IPC as a habilitation activity or as an adaptive aid, a copy of the individual's individual transportation plan;

  (5) a copy of the individual's current ID/RC Assessment;

  (6) if the DSA was the individual's DSA when the individual enrolled in the CLASS Program:

    (A) the original ID/RC Assessment signed by a physician; or

    (B) the original level of care form signed by a physician and was in use before the ID/RC Assessment;

  (7) a copy of the current adaptive behavior screening assessment;

  (8) a copy of the current HHSC CLASS/DBMD Nursing Assessment form;

  (9) a copy of the current HHSC Related Conditions Eligibility Screening Instrument form;

  (10) any new or revised HHSC Provider Agency Model Service Backup Plan form for the current IPC period;

  (11) the documentation required by subsection (a)(1) of this section;

  (12) the completed HHSC Documentation of Services Delivered forms signed and dated by a timekeeper as required by subsection (b) of this section; and

  (13) any other relevant documentation concerning the individual.


Source Note: The provisions of this §259.363 adopted to be effective January 30, 2023, 48 TexReg 362

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