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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 263HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER AGENERAL PROVISIONS
RULE §263.5Description of HCS Program Services

(a) HCS Program services are described in this section and in Appendix C of the HCS Program waiver application approved by CMS and available on the HHSC website.

  (1) Adaptive aids are devices, controls, or items that are necessary to address specific needs identified in an individual's service plan. Adaptive aids enable an individual to maintain or increase the ability to perform ADLs or the ability to perceive, control, or communicate with the environment in which the individual lives.

  (2) Audiology is the provision of audiology as defined in the Texas Occupations Code Chapter 401.

  (3) Speech and language pathology is the provision of speech-language pathology as defined in the Texas Occupations Code Chapter 401.

  (4) Occupational therapy is the provision of occupational therapy as described in the Texas Occupations Code Chapter 454.

  (5) Physical therapy is the provision of physical therapy as defined in the Texas Occupations Code Chapter 453.

  (6) Dietary services are the provision of nutrition services as defined in the Texas Occupations Code Chapter 701.

  (7) Behavioral support is the provision of specialized interventions that:

    (A) assist an individual to increase adaptive behaviors to replace or modify maladaptive or socially unacceptable behaviors that prevent or interfere with the individual's inclusion in home and family life or community life; and

    (B) improve an individual's quality of life.

  (8) Social work is the provision of social work as defined in Texas Occupations Code Chapter 505.

  (9) Cognitive rehabilitation therapy is assistance to an individual in learning or relearning cognitive skills that have been lost or altered as a result of damage to brain cells/chemistry in order to enable the individual to compensate for the lost cognitive functions, including reinforcing, strengthening, or reestablishing previously learned patterns of behavior, or establishing new patterns of cognitive activity or compensatory mechanisms for impaired neurological systems.

  (10) Day habilitation is assistance with acquiring, retaining, or improving self-help, socialization, and adaptive skills provided in a location other than the residence of an individual. Day habilitation does not include in-home day habilitation.

  (11) In-home day habilitation is assistance with acquiring, retaining, or improving self-help, socialization, and adaptive skills provided in an individual's residence.

  (12) Dental treatment is:

    (A) emergency dental treatment;

    (B) preventive dental treatment;

    (C) therapeutic dental treatment; and

    (D) orthodontic dental treatment, excluding cosmetic orthodontia.

  (13) Minor home modifications are physical adaptations to an individual's home to address specific needs identified by an individual's service planning team and include pre-enrollment minor home modifications which are modifications completed before an applicant is discharged from a nursing facility, an ICF/IID, or a GRO and before the effective date of the applicant's enrollment in the HCS Program.

  (14) Licensed vocational nursing is the provision of licensed vocational nursing as defined in the Texas Occupations Code Chapter 301.

  (15) Registered nursing is the provision of professional nursing as defined in the Texas Occupations Code Chapter 301.

  (16) Specialized registered nursing is the provision of registered nursing to an individual who has a tracheostomy or is dependent on a ventilator.

  (17) Specialized licensed vocational nursing is the provision of licensed vocational nursing to an individual who has a tracheostomy or is dependent on a ventilator.

  (18) Supported home living is transportation of an individual with a residential type of "own/family home."

  (19) Host home/companion care is residential assistance provided in a residence that is owned or leased by the service provider of host home/companion care or the individual and is not owned or leased by the program provider. The service provider of host home/companion care must live in the same residence as the individual receiving the service.

  (20) Supervised living is residential assistance provided in a three-person residence or four-person residence in which service providers are present in the residence and are able to respond to the needs of individuals during normal sleeping hours.

  (21) Residential support is residential assistance provided in a three-person residence or four-person residence in which service providers are present and awake in the residence whenever an individual is present in the residence.

  (22) Respite is temporary relief for an unpaid caregiver in a location other than the individual's home for an individual who has a residential type of "own/family home."

  (23) In-home respite is temporary relief for an unpaid caregiver in the individual's home for an individual who has a residential type of "own/family home."

  (24) Employment assistance is assistance to help an individual locate paid employment in the community.

  (25) Supported employment is assistance, in order to sustain competitive employment, to an individual who, because of a disability, requires intensive, ongoing support to be self-employed, work from home, or perform in a work setting at which individuals without disabilities are employed.

  (26) TAS is assistance to an applicant in setting up a household in the community before being discharged from a nursing facility, an ICF/IID, or a GRO and before enrolling in the HCS Program and consists of:

    (A) for an applicant whose initial IPC does not include residential support, supervised living, or host home/companion care:

      (i) paying security deposits required to lease a home, including an apartment, or to establish utility services for a home;

      (ii) purchasing essential furnishings for a home, including a table, a bed, chairs, window blinds, eating utensils, and food preparation items;

      (iii) paying for expenses required to move personal items, including furniture and clothing, into a home;

      (iv) paying for services to ensure the health and safety of the applicant in a home, including pest eradication, allergen control, or a one-time cleaning before occupancy; and

      (v) purchasing essential supplies for a home, including toilet paper, towels, and bed linens; and

    (B) for an applicant whose initial IPC includes residential support, supervised living, or host home/companion care:

      (i) purchasing bedroom furniture;

      (ii) purchasing personal linens for the bedroom and bathroom; and

      (iii) paying for allergen control.

(b) The services described in this subsection are for an individual who is receiving at least one HCS Program service through the CDS option.

  (1) FMS is a service defined in 40 TAC §41.103 (relating to Definitions).

  (2) Support consultation is a service defined in 40 TAC §41.103.


Source Note: The provisions of this §263.5 adopted to be effective March 1, 2023, 48 TexReg 1080

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