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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 261INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY OR RELATED CONDITIONS (ICF/IID) PROGRAM--CONTRACTING
SUBCHAPTER DPROVIDER SERVICE REQUIREMENTS
RULE §261.221Durable Medical Equipment

(a) A program provider that arranges for durable medical equipment for an individual residing in the facility must ensure that:

  (1) the individual receives the equipment prescribed;

  (2) the equipment fits properly, if applicable; and

  (3) the individual's caregivers, as appropriate, receive instruction regarding the equipment's use.

(b) To receive payment for a wheeled mobility system or for a major modification to a wheeled mobility system, a program provider must comply with paragraphs (1) - (5) of this subsection.

  (1) The program provider must ensure that an occupational therapist or a physical therapist:

    (A) conducts a clinical assessment of the individual receiving the wheeled mobility system;

    (B) documents in detail the medical need for a specific wheeled mobility system and all necessary accessories, as determined during the clinical assessment; and

    (C) signs and dates the written assessment.

  (2) The program provider must ensure that a QRP who is directly employed by or contracting with the program provider:

    (A) is present for and directly involved in the clinical assessment of the individual described in paragraph (1) of this subsection;

    (B) is not the same person who conducts the clinical assessment described in paragraph (1) of this subsection;

    (C) is present when the wheeled mobility system is delivered, directs the fitting of the system, and ensures that the system is appropriate for the individual; and

    (D) verifies that the wheeled mobility system functions correctly for the individual.

  (3) The program provider must receive prior authorization to obtain a wheeled mobility system for an individual by submitting the following documentation to DADS in accordance with instructions issued by DADS:

    (A) a prescription, signed and dated by a physician, that describes in detail the wheeled mobility system, including all necessary components, needed by the individual;

    (B) the clinical assessment described in paragraph (1) of this subsection; and

    (C) documentation that a QRP was present for and involved in the clinical assessment of the individual.

  (4) The program provider must submit to DADS, in accordance with instructions issued by DADS, documentation that a QRP conducted the activities described in paragraph (2)(C) and (D) of this subsection.

  (5) The program provider must maintain a copy of the documentation described in paragraphs (3) and (4) of this subsection in the individual's record.


Source Note: The provisions of this §261.221 adopted to be effective January 1, 2001, 25 TexReg 12790; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective November 4, 2013, 38 TexReg 7724; transferred effective October 1, 2020, as published in the Texas Register August 28, 2020, 45 TexReg 6127

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