| (a) The program provider must:
(1) assist the individual or LAR in understanding the
requirements for participation in the TxHmL Program and include the
individual or LAR in planning service provision and any changes to
the plan for service provision if changes become necessary;
(2) assist and cooperate with the individual's or LAR's
request to transfer to another program provider;
(3) assist the individual to access public accommodations
or services available to all citizens;
(4) assist the individual to manage the individual's
financial affairs upon documentation of the individual's or LAR's
written request for such assistance;
(5) ensure that any restriction affecting the individual
is approved by the individual's service planning team before the imposition
of the restriction;
(6) inform the individual or LAR about the individual's
health, mental condition, and related progress;
(7) inform the individual or LAR of the name and qualifications
of any person serving the individual and the option to choose among
various available service providers;
(8) provide the individual or LAR access to TxHmL Program
and CFC records, including, if applicable, financial records maintained
on the individual's behalf, about the individual and the delivery
of services by the program provider to the individual;
(9) assist the individual to communicate by phone or
by mail during the provision of TxHmL Program services or CFC services
unless the service planning team has agreed to limit the individual's
access to communicating by phone or by mail;
(10) assist the individual, as specified in the individual's
PDP, to attend religious activities as chosen by the individual or
LAR;
(11) ensure the individual is free from unnecessary
restraints during the provision of TxHmL Program services or CFC services;
(12) regularly inform the individual or LAR about the
individual's or program provider's progress or lack of progress made
in the implementation of the PDP;
(13) receive and act on complaints about the TxHmL
Program services or CFC services provided by the program provider;
(14) ensure that the individual is free from abuse,
neglect, or exploitation by program provider staff members, service
providers, and volunteers;
(15) provide active, individualized assistance to the
individual or LAR in exercising the individual's rights and exercising
self-advocacy, including:
(A) making complaints;
(B) registering to vote;
(C) obtaining citizenship information and education;
(D) obtaining advocacy services; and
(E) obtaining information regarding legal guardianship;
(16) provide the individual privacy during treatment
and care of personal needs;
(17) include the individual's LAR in decisions involving
the planning and provision of TxHmL Program services and CFC services;
(18) inform the individual or LAR of the process for
reporting a complaint to HHSC or the LIDDA when the program provider's
resolution of a complaint is unsatisfactory to the individual or LAR,
including the HHSC Complaint and Incident Intake toll-free telephone
number, 1-800-458-9858, to initiate complaints and the LIDDA telephone
number to initiate complaints;
(19) ensure the individual is free from seclusion;
(20) inform the individual or LAR, orally and in writing,
of the requirements described in paragraphs (1) - (19) of this subsection:
(A) when the individual is enrolled in the program
provider's program;
(B) if the requirements described in paragraphs (1)
- (19) of this subsection are revised;
(C) at the request of the individual or LAR; and
(D) if the legal status of the individual changes;
(21) obtain an acknowledgement stating that the information
described in paragraph (20) of this subsection was provided to the
individual or LAR and that is signed by:
(A) the individual or LAR;
(B) the program provider staff person providing such
information; and
(C) a third-party witness; and
(22) notify the individual's service coordinator of
an individual's or LAR's expressed interest in the CDS option and
document such notification.
(b) The program provider must make available all records,
reports, and other information related to the delivery of TxHmL Program
services and CFC services as requested by HHSC, other authorized agencies,
or CMS and deliver such items, as requested, to a specified location.
(c) At least annually, the program provider must conduct
a satisfaction survey of individuals, their families, and LARs, and
take action regarding any areas of dissatisfaction.
(d) The program provider must comply with §49.309
of this title (relating to Complaint Process).
(e) In all respite facilities, the program provider
must post in a conspicuous location:
(1) the name, address, and telephone number of the
program provider;
(2) the effective date of the contract; and
(3) the name of the legal entity named on the contract.
(f) At least annually, the program provider must review:
(1) all final investigative reports from HHSC and,
based on the review, identify program process improvements that help
prevent the occurrence of abuse, neglect, and exploitation and improve
the delivery of services;
(2) complaints, as described in §49.309 of this
title, and identify program process improvements to reduce the filing
of complaints;
(3) the reasons for suspensions, terminations, and
transfers and identify any related need for program process improvements;
and
(4) critical incident data reported in accordance with
subsection (n) of this section and identify program process improvements
that help prevent the reoccurrence of critical incidents and improve
the delivery of services.
(g) A program provider must ensure that all personal
information maintained by the program provider or its contractors
concerning an individual, such as lists of names, addresses, and records
created or obtained by the program provider or its contractor, is
kept confidential, that the use or disclosure of such information
and records is limited to purposes directly connected with the administration
of the TxHmL Program or provision of CFC services, and is otherwise
neither directly nor indirectly used or disclosed unless the written
permission of the individual to whom the information applies or the
individual's LAR is obtained before the use or disclosure.
(h) The program provider must ensure that:
(1) the individual or LAR has agreed in writing to
all charges assessed by the program provider against the individual's
personal funds before the charges are assessed; and
(2) charges for items or services are reasonable and
comparable to the costs of similar items and services generally available
in the community.
(i) The program provider must not charge an individual
or LAR for costs for items or services reimbursed through the TxHmL
Program or through CFC.
(j) At the written request of an individual or LAR,
the program provider:
(1) must manage the individual's personal funds entrusted
to the program provider;
(2) must not commingle the individual's personal funds
with the program provider's funds; and
(3) must maintain a separate, detailed record of all
deposits and expenditures for the individual.
(k) When a behavioral support plan includes techniques
that involve restriction of individual rights or intrusive techniques,
the program provider must ensure that the implementation of such techniques
includes:
(1) approval by the individual's service planning team;
(2) written consent of the individual or LAR;
(3) verbal and written notification to the individual
or LAR of the right to discontinue participation in the behavioral
support plan at any time;
(4) assessment of the individual's needs and current
level/severity of the behavior targeted by the plan;
(5) use of techniques appropriate to the level/severity
of the behavior targeted by the plan;
(6) a written behavioral support plan developed by
a service provider of behavioral support with input from the individual,
LAR, the individual's service planning team, and other professional
personnel;
(7) collection and monitoring of behavioral data concerning
the targeted behavior;
Cont'd... |
