| (a) Within 30 days after the provider receives a referral
from DADS regional office, the provider must:
(1) ensure that the assessor of need conducts an initial
on-site assessment with the applicant;
(2) determine CMPAS Program eligibility in accordance
with §44.201 of this subchapter (relating to Eligibility Criteria);
(3) inform the applicant, both orally and in writing,
of all applicable publicly funded programs that offer attendant services
and allow the applicant to choose whether to participate in CMPAS;
(4) keep in the applicant's record a written record
of the notification given in accordance with paragraph (3) of this
subsection and the applicant's signed and dated acknowledgement and
choice document;
(5) assess the applicant's service needs by using the
DADS Needs Assessment Questionnaire and Task/Hour Guide form available
at www.dads.state.tx.us; and
(6) for an eligible applicant:
(A) develop a service plan based on the results of
the assessment questionnaire that:
(i) includes the number of hours and tasks negotiated
between the applicant and the assessor of need; and
(ii) is agreed to and signed by the applicant and assessor
of need;
(B) determine with the applicant the amount of the
applicant's co-payment under §44.501 of this chapter (relating
to Determining an Individual's Co-payment) and explain to the applicant
that making co-payments is required to remain eligible for CMPAS;
(C) explain orally and give written information to
the applicant on the available service delivery options described
in Subchapter D of this chapter (relating to Service Delivery Options);
(D) have the applicant sign and date a service delivery
option choice document; and
(E) keep the signed and dated service delivery choice
document in the applicant's file.
(b) If the applicant's service plan includes a health-related
task, the provider must:
(1) before an attendant performs a health-related task,
verify that the task:
(A) may be performed under Texas Government Code, §531.051(e);
(B) does not require nurse or physician delegation;
or
(C) is properly delegated under:
(i) 22 TAC Part 11, Chapter 225; or
(ii) Texas Occupations Code, Chapter 157; and
(2) if a health-related task is delegated, maintain
records in the applicant's file that:
(A) identify and are signed and dated by the delegating
physician or registered nurse;
(B) include the name of the individual, the names of
the attendants performing the delegated health-related tasks for the
individual, and a description of the specific health-related tasks
to be performed; and
(C) comply with the Texas Nurse Practice Act, the Medical
Practice Act, and any other applicable state or federal law.
(c) The provider must notify an applicant who is not
eligible for services in writing by mailing the DADS Notification
of Community Care Services form within three days after the date of
the decision. This form notifies the applicant of the right to a fair
hearing and explains how to request a fair hearing.
(d) The provider must send DADS written notice of the
disposition of the referral. The provider must ensure that DADS receives
the notice within 30 days after the provider receives the referral
from DADS. If the provider does not notify DADS within the 30-day
period, DADS may impose contract sanctions on the provider.
(e) The provider must document any failure to complete
the assessment activities within the 30-day period, including the
reasons for the delay, the provider's ongoing efforts to complete
the assessment, and the anticipated date of completion. The reasons
for delay must be beyond the provider's control. The provider must
send the documentation of delays to the DADS regional designee by
the due date in subsection (d) of this section.
(f) Upon receiving notice from the provider of an applicant's
eligibility to receive services in the CMPAS Program, the DADS regional
designee will enter the CMPAS authorization in DADS Service Authorization
System.
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| Source Note: The provisions of this §275.29 adopted to be effective October 1, 2013, 38 TexReg 6606; transferred effective August 1, 2022, as published in the Texas Register July 8, 2022, 47 TexReg 3983 |
