| (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 |
