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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 351CHILDREN WITH SPECIAL HEALTH CARE NEEDS SERVICES PROGRAM
RULE §351.4Covered Services

        (VI) specialized equipment, including porch or stair lifts, air purification systems or air conditioners, positioning equipment, bath aids, supplies prescribed by licensed practitioners that are not covered through other systems, and other non-medical disability-related equipment that assists with family activities, promotes the client's self-reliance, or otherwise supports the family; and

        (VII) other disability-related services that support permanency planning, independence, or participation in family life and integrated or inclusive community activities.

    (E) Unallowable services. Family support funds may not be used to provide those services that do not relate to the client's disability and do not directly support the client's living in his or her natural home and participating in family life and integrated or inclusive community activities. Examples of unallowable services include, but are not limited to:

      (i) items for which a less expensive alternative of comparable quality is available;

      (ii) purchase or lease of vehicles or vehicle maintenance and repair;

      (iii) home mortgage or rent expenses or basic home maintenance and repair;

      (iv) income taxes;

      (v) medical services;

      (vi) services in segregated settings other than respite facilities or camps;

      (vii) insurance premiums;

      (viii) death benefits, burial policies, and funeral expenses;

      (ix) costs for allowable services incurred before the requested family support service is prior authorized;

      (x) non-medical foods, routine shelter, routine utilities, routine home repairs, routine home appliances, routine furnishings, fences, and yard work;

      (xi) medical benefit items or services paid for or reimbursed by private insurance, Medicaid, Medicare, CHIP, the CSHCN Services Program or other health insurance programs for which the client is eligible;

      (xii) services, equipment, or supplies that have been denied by Medicaid, CHIP, or the program because a claim was received after the filing deadline, because insufficient information was submitted, or because an item was considered inappropriate or experimental;

      (xiii) over-the-counter or prescription medications;

      (xiv) architectural modifications to a public facility;

      (xv) school tuition or fees, or equipment, items, or services that should be provided through the public school system;

      (xvi) items that could endanger the health and safety of the client;

      (xvii) routine child care;

      (xviii) computers and software unless for use as an assistive technology device or necessary to perform a critical or essential function, such as environmental control or written or oral communication, which the client is unable to perform without the computer;

      (xix) services provided by an individual under the age of 18 years or by the client's parent(s), guardian, or other individual(s) residing with the client; and

      (xx) services exclusively to support the care of siblings or other individual(s) residing with the client, but which are not necessary to meet the medical needs of the client.

    (F) Reduction or termination of services. Reasons for terminating or reducing family support services may include, but are not limited to:

      (i) the client no longer meets the eligibility criteria for the program;

      (ii) services available through the program are discontinued due to budget restrictions;

      (iii) While there is a waiting list for health care benefits, limitations in reimbursement or prior authorization may be instituted as provided in §38.16 of this title;

      (iv) the client's family indicates that the need for family support services no longer exists;

      (v) the client moves out of Texas;

      (vi) the client is placed in a nursing facility or other institutional setting for an indefinite period of time;

      (vii) the client dies;

      (viii) the client's designated case manager is unable to locate the client and family; or

      (ix) the family knowingly does not comply with the family assessment and service plan in which case the family may also be liable for restitution.

  (6) Other types of services. The following services also are available through the program.

    (A) Ambulance services. Emergency ground, non-emergency ground and air ambulance services are covered for the medically necessary transportation of a client. Non-emergency ambulance transport is covered if the client cannot be transported by any other means without endangering the health or safety of the client and when there is a scheduled medical appointment for medically necessary care at the nearest appropriate facility. Transportation by air ambulance is limited to instances when the client's pickup point is inaccessible by land or when great distance interferes with immediate admission to the nearest appropriate medical treatment facility. Transports to out-of-locality providers are covered if a local facility is not adequately equipped to treat the client. Out-of-locality refers to one-way transfers 50 miles or more from point of pickup to point of destination.

    (B) Transportation. The program may provide transportation for a client and, if needed, a responsible adult, to and from the nearest medically appropriate facility (in Texas or in the United States 50 or fewer miles from the Texas border) to obtain medically necessary and appropriate health care services that are within the scope of coverage of the program and are provided by a program enrolled provider. The lowest-cost appropriate conveyance should be used. The program shall not assist if transportation is the responsibility of the client's school district or can be obtained through Medicaid. Transportation to out-of-state services located more than 50 miles from the Texas border will not be approved except as specified in §38.6(e) of this title (relating to Providers).

    (C) Meals and lodging. The program may provide meals and lodging to enable a client, accompanied by a parent, guardian, or their designee as needed, to obtain inpatient or outpatient care at a facility located away from their home. The reason for the inpatient or outpatient visit must be directly related to medically necessary treatment for the client that is provided by program enrolled providers and covered by the program. Meals and lodging associated with travel to services that are provided more than 50 miles from the Texas border will not be approved except as specified in §38.6(e) of this title.

    (D) Transportation of deceased. The program may provide the following services:

      (i) transportation cost for the remains of a client who expires in a program-approved facility while receiving program health care benefits, if the client was not in the family's city of residence in Texas, and the transportation cost of a parent or other person accompanying the remains from the facility to the place of burial in Texas that is designated by the parent or other person legally responsible for interment;

      (ii) embalming of the deceased if required by law for transportation;

      (iii) a coffin meeting minimum requirements if required by law for transportation; and

      (iv) any other necessary expenses directly related to the care and return of the client's remains.

    (E) Payment of insurance premiums, coinsurance, co-payments, and deductibles. The program may pay public or private health insurance premiums to maintain or acquire a health benefit plan or other third party coverage for the client, and if paying for such health insurance can reasonably be expected to be cost effective for the program. The program may pay for coinsurance and deductible amounts when the total amount paid (including all payers) to the provider does not exceed the amount allowed by the program for the covered service. The program may reimburse clients for co-payments paid for covered drugs. The program will not pay premiums, deductibles, coinsurance, or co-payments for clients enrolled in CHIP.

(c) Services not covered. Services which are not covered by the program even though they may be medically necessary for and provided to a client include, but are not limited to:

  (1) treatments which are considered experimental or investigational;

  (2) chiropractic services;

  (3) care for premature infants;

  (4) care for alcohol or substance abuse;

  (5) pregnancy prevention, except when medically necessary for the specific treatment of a condition meeting the parameters of the "child with special health care needs" definition;

Cont'd...

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