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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 565HOME AND COMMUNITY-BASED (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) CERTIFICATION STANDARDS
SUBCHAPTER ECERTIFICATION STANDARDS: SERVICE DELIVERY
RULE §565.11Service Delivery

    (J) facilitating inclusion in community activities, use of natural supports, social interaction, participation in leisure activities, and development of socially valued behaviors; and

    (K) habilitation, exclusive of individualized skills and socialization;

  (25) ensure that HCS host home/companion care is provided:

    (A) by a host home/companion care provider who lives in the residence in which no more than three individuals or other persons receiving similar services are living at any one time; and

    (B) in a residence in which the program provider does not hold a property interest;

  (26) ensure that host home/companion care is provided in accordance with the individual's PDP, IPC, implementation plan, and Appendix C of the HCS Program waiver application approved by CMS and found on the HHSC website and includes the following elements:

    (A) direct personal assistance with activities of daily living (grooming, eating, bathing, dressing, and personal hygiene);

    (B) assisting with meal planning and preparation;

    (C) securing and providing transportation;

    (D) assisting with housekeeping;

    (E) assisting with ambulation and mobility;

    (F) reinforcing professional therapy activities;

    (G) assisting with medications and the performance of tasks delegated by an RN;

    (H) supervising of safety and security;

    (I) facilitating inclusion in community activities, use of natural supports, social interaction, participation in leisure activities, and development of socially valued behaviors; and

    (J) habilitation, exclusive of individualized skills and socialization;

  (27) ensure that supervised living is provided:

    (A) in a four-person residence that is approved in accordance with §565.23(i) of this chapter (relating to Residential Requirements) or a three-person residence;

    (B) by a service provider who provides services and supports as needed by the individuals residing in the residence and is present in the residence and able to respond to the needs of the individuals during normal sleeping hours; and

    (C) only with approval by the HHSC commissioner or designee for the initial six months and one six-month extension and only with approval by the HHSC Executive Commissioner after such 12-month period, if provided to an individual under 22 years of age;

  (28) ensure that supervised living is provided in accordance with the individual's PDP, IPC, implementation plan, and Appendix C of the HCS Program waiver application approved by CMS and found on the HHSC website and includes the following elements:

    (A) direct personal assistance with activities of daily living (grooming, eating, bathing, dressing, and personal hygiene);

    (B) assisting with meal planning and preparation;

    (C) securing and providing transportation;

    (D) assisting with housekeeping;

    (E) assisting with ambulation and mobility;

    (F) reinforcing professional therapy activities;

    (G) assisting with medications and the performance of tasks delegated by an RN;

    (H) supervising of individuals' safety and security;

    (I) facilitating inclusion in community activities, use of natural supports, social interaction, participation in leisure activities, and development of socially valued behaviors; and

    (J) habilitation, exclusive of individualized skills and socialization;

  (29) ensure that residential support is provided:

    (A) in a four-person residence that is approved in accordance with §565.23(i) of this chapter or in a three-person residence;

    (B) by a service provider who is present in the residence and awake whenever an individual is present in the residence;

    (C) by service providers assigned on a daily shift schedule that includes at least one complete change of service providers each day; and

    (D) only with approval by the HHSC commissioner or designee for the initial six months and one six-month extension and only with approval by the HHSC Executive Commissioner after such 12-month period, if provided to an individual under 22 years of age;

  (30) ensure that residential support is provided in accordance with the individual's PDP, IPC, implementation plan, and Appendix C of the HCS Program waiver application approved by CMS and found on the HHSC website, and includes the following elements:

    (A) direct personal assistance with activities of daily living (grooming, eating, bathing, dressing, and personal hygiene);

    (B) assisting with meal planning and preparation;

    (C) securing and providing transportation;

    (D) assisting with housekeeping;

    (E) assisting with ambulation and mobility;

    (F) reinforcing professional therapy activities;

    (G) assisting with medications and the performance of tasks delegated by an RN;

    (H) supervising of individuals' safety and security;

    (I) facilitating inclusion in community activities, use of natural supports, social interaction, participation in leisure activities, and development of socially valued behaviors; and

    (J) habilitation, exclusive of individualized skills and socialization;

  (31) if making a recommendation to the service planning team that the individual receive residential support, document the reasons for the recommendation, which may include:

    (A) the individual's medical condition;

    (B) a behavior displayed by the individual that poses a danger to the individual or to others; or

    (C) the individual's need for assistance with activities of daily living during normal sleeping hours;

  (32) ensure that respite is available on a 24-hour increment or any part of that increment to individuals living in their family homes;

  (33) ensure that respite is provided in accordance with the individual's PDP, IPC, implementation plan, and Appendix C of the HCS Program waiver application approved by CMS and found on the HHSC website; and:

    (A) includes:

      (i) training in self-help and independent living skills;

      (ii) providing room and board when respite is provided in a setting other than the individual's normal residence;

      (iii) assisting with:

        (I) ongoing provision of needed waiver services; and

        (II) securing and providing transportation; and

    (B) is only provided:

      (i) to individuals who are not receiving residential support, supervised living, or host home/companion care; and

      (ii) when the unpaid caregiver is temporarily unavailable to provide supports;

  (34) provide respite in the residence of an individual or in other locations, including residences in which host home/companion care, supervised living, or residential support is provided or in a respite facility or camp, that:

    (A) meets HCS Program requirements and is an environment that ensures the health and safety of the individual; and

    (B) if respite is provided:

      (i) in the residence of another individual, the program provider must obtain permission from that individual or LAR and ensure that the respite visit will cause no threat to the health, safety, or welfare of either individual;

      (ii) in a respite facility, the program provider must obtain written approval from the local fire authority having jurisdiction stating that the facility and its operation meet the local fire ordinances before initiating services in the facility if more than three individuals receive services in the facility at any one time; or

      (iii) in a camp setting, the program provider must ensure the camp is accredited by the American Camp Association;

      (iv) in a home and community-based setting, the setting must comply with §263.501(b) of this title (relating to Requirements for Home and Community-Based Settings);

  (35) ensure that employment assistance:

    (A) is provided to an individual to help the individual locate competitive employment in the community;

    (B) consists of a service provider:

      (i) identifying an individual's employment preferences, job skills, and requirements for a work setting and work conditions;

      (ii) locating prospective employers offering employment compatible with an individual's identified preferences, skills, and requirements;

Cont'd...

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