<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 9INTELLECTUAL DISABILITY SERVICES--MEDICAID STATE OPERATING AGENCY RESPONSIBILITIES
SUBCHAPTER DHOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
RULE §9.177Certification Principles: Staff Member and Service Provider Requirements

(a) The program provider must ensure the continuous availability of trained and qualified service providers to deliver the required services as determined by the individual's needs.

(b) The program provider must employ or contract with a person or entity of the individual's or LAR's choice in accordance with this subsection.

  (1) Except as provided by paragraph (2) of this subsection, the program provider must employ or contract with a person or entity of the individual's or LAR's choice to provide an HCS Program service or CFC service to the individual if that person or entity:

    (A) is qualified to provide the service;

    (B) unless the program provider agrees to pay a higher amount, provides the service at or below:

      (i) for any service except CFC ERS, the direct services portion of the applicable HCS Program rate; and

      (ii) for CFC ERS, the reimbursement rate; and

    (C) is willing to contract with or be employed by the program provider to provide the service in accordance with this subchapter.

  (2) The program provider may choose not to employ or contract with a person or entity of the individual's or LAR's choice in accordance with paragraph (1) of this subsection for good cause. The program provider must document the good cause.

  (3) If a program provider contracts with a person or entity to provide TAS, the person or entity must have a contract to provide TAS in accordance with Chapter 49 of this title (relating to Contracting for Community Services).

(c) A program provider must comply with each applicable regulation required by the State of Texas in ensuring that its operations and staff members and service providers meet state certification, licensure, or regulation for any tasks performed or services delivered in part or in entirety for the HCS Program.

(d) A program provider must:

  (1) conduct initial and periodic training that ensures staff members and service providers are qualified to deliver services as required by the current needs and characteristics of the individuals to whom they deliver services, including the use of restraint in accordance with §9.179 of this subchapter (relating to Certification Principles: Restraint); and

  (2) ensure that a staff member who participates in developing an implementation plan for CFC PAS/HAB completes person-centered service planning training approved by HHSC:

    (A) by June 1, 2017, if the staff member was hired on or before June 1, 2015; or

    (B) within two years after hire, if the staff member was hired after June 1, 2015.

(e) The program provider must implement and maintain personnel practices that safeguard individuals against infectious and communicable diseases.

(f) The program provider's operations must prevent:

  (1) conflicts of interest between the program provider, a staff member, or a service provider and an individual, such as the acceptance of payment for goods or services from which the program provider, staff member, or service provider could financially benefit, except payment for room and board;

  (2) financial impropriety toward an individual including:

    (A) unauthorized disclosure of information related to an individual's finances; and

    (B) the purchase of goods that an individual cannot use with the individual's funds;

  (3) abuse, neglect, or exploitation of an individual;

  (4) damage to or prevention of an individual's access to the individual's possessions; and

  (5) threats of the actions described in paragraphs (2) - (4) of this subsection.

(g) The program provider must employ or contract with a person who oversees the provision of HCS Program services and CFC services to an individual. The person must:

  (1) have at least three years paid work experience in planning and providing HCS Program services or CFC services to an individual with an intellectual disability or related condition as verified by written statements from the person's employer; or

  (2) have both of the following:

    (A) at least three years of experience planning and providing services similar to HCS Program services or CFC services to a person with an intellectual disability or related condition as verified by written statements from organizations or agencies that provided services to the person; and

    (B) participation as a member of a microboard as verified, in writing, by:

      (i) the certificate of formation of the non-profit corporation under which the microboard operates filed with the Texas Secretary of State;

      (ii) the bylaws of the non-profit corporation; and

      (iii) a statement by the board of directors of the non-profit corporation that the person is a member of the microboard.

(h) The program provider must ensure that a service provider of day habilitation, supported home living, host home/companion care, supervised living, residential support, and respite is at least 18 years of age and:

  (1) has a high school diploma or a certificate recognized by a state as the equivalent of a high school diploma; or

  (2) has documentation of a proficiency evaluation of experience and competence to perform the job tasks that includes:

    (A) a written competency-based assessment of the ability to document service delivery and observations of the individuals to be served; and

    (B) at least three written personal references from persons not related by blood that indicate the ability to provide a safe, healthy environment for the individuals being served.

(i) The program provider must ensure that each service provider of professional therapies is currently qualified by being licensed by the State of Texas or certified in the specific area for which services are delivered or be providing services in accordance with state law.

(j) The program provider must ensure that a service provider of behavioral support services:

  (1) meets one of the following:

    (A) is licensed as a psychologist in accordance with Texas Occupations Code, Chapter 501;

    (B) is licensed as a psychological associate in accordance with Texas Occupations Code, Chapter 501;

    (C) has been issued a provisional license to practice psychology in accordance with Texas Occupations Code, Chapter 501;

    (D) is certified by HHSC as described in §5.161 of this title (relating to Certified Authorized Provider);

    (E) is licensed as a licensed clinical social worker in accordance with Texas Occupations Code, Chapter 505;

    (F) is licensed as a licensed professional counselor in accordance with Texas Occupations Code, Chapter 503; or

    (G) is licensed as a licensed behavior analyst in accordance with Texas Occupations Code, Chapter 506; and

  (2) completes the web-based HHSC, HCS and TxHmL Behavioral Support Services Provider Policy Training available on the HHSC website:

    (A) before providing behavioral support services;

    (B) within 90 calendar days after the date HHSC issues notice to program providers that HHSC revised the web-based training; and

    (C) within three years after the most recent date of completion.

(k) The program provider must ensure that a service provider who provides transportation:

  (1) has a valid driver's license; and

  (2) transports individuals in a vehicle insured in accordance with state law.

(l) The program provider must ensure that dental treatment is provided by a dentist licensed by the Texas State Board of Dental Examiners in accordance with Texas Occupations Code, Chapter 256.

(m) The program provider must ensure that nursing services are provided by a nurse who is currently qualified by being licensed by the Texas Board of Nursing as an RN or LVN.

(n) The program provider must comply with §49.304 of this title (relating to Background Checks).

(o) A program provider must comply with §49.312 of this title (relating to Personal Attendants).

(p) If the service provider of supported home living or CFC PAS/HAB is employed by or contracts with a contractor of a program provider, the program provider must ensure that the contractor complies with subsection (o) of this section as if the contractor were the program provider.

(q) The program provider must ensure that a service provider of cognitive rehabilitation therapy is:

  (1) a psychologist licensed in accordance with Texas Occupations Code, Chapter 501;

  (2) a speech-language pathologist licensed in accordance with Texas Occupations Code, Chapter 401; or

  (3) an occupational therapist licensed in accordance with Texas Occupations Code, Chapter 454.

(r) The program provider must ensure that a service provider of employment assistance or a service provider of supported employment:

  (1) is at least 18 years of age;

  (2) is not:

    (A) the spouse of the individual; or

    (B) a parent of the individual if the individual is a minor; and

  (3) has:

    (A) a bachelor's degree in rehabilitation, business, marketing, or a related human services field, and at least six months of paid or unpaid experience providing services to people with disabilities;

    (B) an associate's degree in rehabilitation, business, marketing, or a related human services field, and at least one year of paid or unpaid experience providing services to people with disabilities; or

    (C) a high school diploma or a certificate recognized by a state as the equivalent of a high school diploma, and at least two years of paid or unpaid experience providing services to people with disabilities.

(s) A program provider must ensure that the experience required by subsection (r) of this section is evidenced by:

  (1) for paid experience, a written statement from a person who paid for the service or supervised the provision of the service; and

  (2) for unpaid experience, a written statement from a person who has personal knowledge of the experience.

(t) A program provider must ensure that a service provider of TAS:

  (1) is at least 18 years of age;

  (2) has a high school diploma or a certificate recognized by a state as the equivalent of a high school diploma;

  (3) is not a relative of the applicant;

  (4) is not the LAR of the applicant;

  (5) does not live with the applicant; and

  (6) is capable of providing TAS and complying with the documentation requirements described in §9.174(g)(2)(A) of this subchapter (relating to Certification Principles: Service Delivery).

(u) A program provider must:

  (1) ensure that a service provider of CFC PAS/HAB:

    (A) is at least 18 years of age;

    (B) has:

      (i) a high school diploma or a certificate recognized by a state as the equivalent of a high school diploma; or

      (ii) documentation of a proficiency evaluation of experience and competence to perform the job tasks that includes:

        (I) a written competency-based assessment of the ability to document service delivery and observations of the individuals to be served; and

        (II) at least three written personal references from persons not related by blood that indicate the ability to provide a safe, healthy environment for the individuals being served;

    (C) is not:

      (i) the spouse of the individual; or

      (ii) a parent of the individual if the individual is a minor; and

    (D) meets any other qualifications requested by the individual or LAR based on the individual's needs and preferences; and

  (2) if requested by an individual or LAR:

    (A) allow the individual or LAR to:

      (i) train a CFC PAS/HAB service provider in the specific assistance needed by the individual; and

      (ii) have the service provider perform CFC PAS/HAB in a manner that comports with the individual's personal, cultural, or religious preferences; and

    (B) ensure that a CFC PAS/HAB service provider attends training by HHSC so the service provider meets any additional qualifications desired by the individual or LAR.


Source Note: The provisions of this §9.177 adopted to be effective March 1, 2000, 25 TexReg 1649; amended to be effective July 26, 2001, 26 TexReg 5381; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective June 1, 2006, 31 TexReg 4442; amended to be effective June 1, 2008, 33 TexReg 4334; amended to be effective June 1, 2010, 35 TexReg 4441; amended to be effective January 1, 2013, 37 TexReg 9969;amended to be effective January 1, 2014, 38 TexReg 9628; amended to be effective April 1, 2014, 39 TexReg 2296; amended to be effective September 1, 2014, 39 TexReg 6516; amended to be effective November 15, 2015, 40 TexReg 7827; amended to be effective March 20, 2016, 41 TexReg 1867; amended to be effective October 1, 2019, 44 TexReg 5062; amended to be effective May 10, 2020, 45 TexReg 2886

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page