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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 566TEXAS HOME LIVING (TXHML) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS
RULE §566.5Description of TxHmL Program Services

    (A) paying an employer:

      (i) to encourage the employer to hire an individual; or

      (ii) for supervision, training, support, or adaptations for an individual that the employer typically makes available to other workers without disabilities filling similar positions in the business; or

    (B) paying the individual:

      (i) as an incentive to participate in employment assistance activities; or

      (ii) for expenses associated with the start-up costs or operating expenses of an individual's business; and

  (5) as determined by an assessment conducted by an RN, provides assistance with medications and the performance of tasks delegated by an RN in accordance with state law and rules, unless a physician has delegated the task as a medical act under Texas Occupations Code, Chapter 157, as documented by the physician.

(e) Supported employment:

  (1) is assistance provided to an individual:

    (A) who, because of a disability, requires intensive, ongoing support to be self-employed, work from home, or perform in a work setting at which individuals without disabilities are employed; and

    (B) in order for the individual to sustain competitive employment;

  (2) consists of a service provider performing the following activities:

    (A) making employment adaptations, supervising, and providing training related to an individual's assessed needs;

    (B) transporting the individual to support the individual to be self-employed, work from home, or perform in a work setting; and

    (C) participating in service planning team meetings;

  (3) is not provided to an individual with the individual present at the same time that respite, community support, day habilitation, employment assistance, or CFC PAS/HAB is provided;

  (4) does not include sheltered work or other similar types of vocational services furnished in specialized facilities, or using Medicaid funds paid by HHSC to the program provider for incentive payments, subsidies, or unrelated vocational training expenses, such as:

    (A) paying an employer:

      (i) to encourage the employer to hire an individual; or

      (ii) to supervise, train, support, or make adaptations for an individual that the employer typically makes available to other workers without disabilities filling similar positions in the business; or

    (B) paying the individual:

      (i) as an incentive to participate in supported employment activities; or

      (ii) for expenses associated with the start-up costs or operating expenses of an individual's business; and

  (5) as determined by an assessment conducted by an RN, provides assistance with medications and the performance of tasks delegated by an RN in accordance with state law and rules, unless a physician has delegated the task as a medical act under Texas Occupations Code, Chapter 157, as documented by the physician.

(f) Behavioral support provides specialized interventions that assist an individual to increase adaptive behaviors to replace or modify challenging or socially unacceptable behaviors that prevent or interfere with the individual's inclusion in home and family life or community life. Behavioral support includes:

  (1) assessment and analysis of assessment findings of the behavior(s) to be targeted necessary to design an appropriate behavioral support plan;

  (2) development of an individualized behavioral support plan consistent with the outcomes identified in the individual's PDP;

  (3) training of and consultation with the LAR, family members, or other support providers and, as appropriate, with the individual in the purpose/objectives, methods and documentation of the implementation of the behavioral support plan or revisions of the plan;

  (4) monitoring and evaluation of the success of the behavioral support plan implementation; and

  (5) modification, as necessary, of the behavioral support plan based on documented outcomes of the plan's implementation.

(g) Adaptive aids enable an individual to increase mobility, the ability to perform activities of daily living, or the ability to perceive, control, or communicate with the environment in which the individual lives. Adaptive aids include devices, controls, appliances, or supplies and the repair or maintenance of such aids, if not covered by warranty, as specified in the TxHmL Program Billing Guidelines.

  (1) Adaptive aids are provided to address specific needs identified in an individual's PDP and are limited to:

    (A) lifts;

    (B) mobility aids;

    (C) positioning devices;

    (D) control switches/pneumatic switches and devices;

    (E) environmental control units;

    (F) medically necessary supplies;

    (G) communication aids;

    (H) adapted/modified equipment for activities of daily living; and

    (I) safety restraints and safety devices.

  (2) Adaptive aids may be provided up to a maximum of $10,000 per individual per IPC year.

  (3) Adaptive aids do not include items or supplies that are not of direct medical or remedial benefit to the individual or that are available to the individual through the Medicaid State Plan, through other governmental programs, or through private insurance.

(h) Minor home modifications are physical adaptations to the individual's home that are necessary to ensure the health, welfare, and safety of the individual or to enable the individual to function with greater independence in the home and the repair or maintenance of such adaptations, if not covered by warranty.

  (1) Minor home modifications may be provided up to a lifetime limit of $7,500 per individual. After the $7,500 lifetime limit has been reached, an individual is eligible for an additional $300 per IPC year for additional modifications or maintenance of home modifications.

  (2) Minor home modifications do not include adaptations or improvements to the home that are of general utility, are not of direct medical or remedial benefit to the individual, or add to the total square footage of the home.

  (3) Minor home modifications are limited to:

    (A) purchase and repair of mobility/wheelchair ramps;

    (B) modifications to bathroom facilities;

    (C) modifications to kitchen facilities; and

    (D) specialized accessibility and safety adaptations.

(i) Dental treatment may be provided up to a maximum of $1,000 per individual per IPC year for the following treatments:

  (1) emergency dental treatment;

  (2) preventive dental treatment;

  (3) therapeutic dental treatment; and

  (4) orthodontic dental treatment, excluding cosmetic orthodontia.

(j) Respite is provided for the relief of an unpaid caregiver of an individual when the caregiver is temporarily unavailable to provide supports.

  (1) Respite includes:

    (A) assistance with activities of daily living and functional living tasks;

    (B) assistance with planning and preparing meals;

    (C) transportation or assistance in securing transportation;

    (D) assistance with ambulation and mobility;

    (E) as determined by an assessment conducted by an RN, assistance with medications and the performance of tasks delegated by an RN in accordance with state law and rules, unless a physician has delegated the task as a medical act under Texas Occupations Code, Chapter 157, as documented by the physician;

    (F) habilitation and support that facilitate:

      (i) an individual's inclusion in community activities, use of natural supports and typical community services available to all people;

      (ii) an individual's social interaction and participation in leisure activities; and

      (iii) development of socially valued behaviors and daily living and independent living skills.

  (2) Reimbursement for respite provided in a setting other than the individual's residence includes payment for room and board.

Cont'd...

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