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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 213AREA AGENCIES ON AGING
SUBCHAPTER CIMPLEMENTATION OF THE OLDER AMERICANS ACT
DIVISION 3OLDER AMERICANS ACT SERVICES
RULE §213.213Emergency Response Services

  (3) instructs the program participant or caregiver in replacing a battery;

  (4) visits a program participant's residence to check the electronic monitoring system equipment within five business days after the equipment has registered five or more "low battery" signals in a 72-hour period and replaces the defective battery during the visit, if necessary; and

  (5) documents and maintains a record of each instance of faulty equipment and low battery signal and includes in the documentation:

    (A) the date the vendor became aware of the faulty equipment or low battery signal;

    (B) the equipment or subscriber number;

    (C) a description of the problem; and

    (D) the date the entire equipment or a part of it was repaired or replaced.

(l) Suspension and termination of services. A AAA must ensure that a vendor:

  (1) suspends services before the end of the authorization period and removes the equipment from a program participant's residence, if the vendor becomes aware that:

    (A) the program participant moves to an area where the vendor does not provide services or that is not in the AAA's planning and service area;

    (B) the program participant is admitted to an LTC facility, personal care home, foster care setting, or any other institutional setting where 24-hour supervision is available;

    (C) the program participant moves to a noninstitutional residence and the requirements in subsection (b)(2) of this section are not met;

    (D) the program participant dies; or

    (E) the program participant requests for services to be terminated; and

  (2) if services are suspended and equipment removed from a program participant's residence in accordance with paragraph (1) of this subsection:

    (A) notifies the AAA within the next business day after such removal; and

    (B) sends a case information form requesting service termination to the AAA within seven days after the notification.

(m) Special reporting considerations. A AAA must ensure that a vendor notifies the AAA of any of the following events within one business day of learning that:

  (1) a program participant activated:

    (A) four false alarms that result in a response by fire department, police, sheriff, or ambulance personnel within a six-month period; or

    (B) 20 false alarms of any kind within a six-month period;

  (2) the program participant is away from the residence or is unable to participate in the service delivery for three consecutive months or more; or

  (3) the program participant is no longer able to operate the electronic monitoring system properly.


Source Note: The provisions of this §213.213 adopted to be effective September 1, 2008, 33 TexReg 7293; transferred effective November 15, 2020, as published in the Texas Register October 30, 2020, 45 TexReg 7721

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