| (a) The program provider must:
(1) assist the individual or LAR in understanding the
requirements for participation in the TxHmL Program and include the
individual or LAR in planning service provision and any changes to
the plan for service provision if changes become necessary;
(2) assist and cooperate with the individual's or LAR's
request to transfer to another program provider;
(3) assist the individual to access public accommodations
or services available to all citizens;
(4) assist the individual to manage the individual's
financial affairs upon documentation of the individual's or LAR's
written request for such assistance;
(5) ensure that any restriction affecting the individual
is approved by the individual's service planning team before the imposition
of the restriction;
(6) inform the individual or LAR about the individual's
health, mental condition, and related progress;
(7) inform the individual or LAR of the name and qualifications
of any person serving the individual and the option to choose among
various available service providers;
(8) provide the individual or LAR access to TxHmL Program
and CFC records, including, if applicable, financial records maintained
on the individual's behalf, about the individual and the delivery
of services by the program provider to the individual;
(9) assist the individual to communicate by phone or
by mail during the provision of TxHmL Program services or CFC services
unless the service planning team has agreed to limit the individual's
access to communicating by phone or by mail;
(10) assist the individual, as specified in the individual's
PDP, to attend religious activities as chosen by the individual or
LAR;
(11) ensure the individual is free from unnecessary
restraints during the provision of TxHmL Program services or CFC services;
(12) regularly inform the individual or LAR about the
individual's or program provider's progress or lack of progress made
in the implementation of the PDP;
(13) receive and act on complaints about the TxHmL
Program services or CFC services provided by the program provider;
(14) ensure that the individual is free from abuse,
neglect, or exploitation by program provider staff members, service
providers, and volunteers;
(15) provide active, individualized assistance to the
individual or LAR in exercising the individual's rights and exercising
self-advocacy, including:
(A) making complaints;
(B) registering to vote;
(C) obtaining citizenship information and education;
(D) obtaining advocacy services; and
(E) obtaining information regarding legal guardianship;
(16) provide the individual privacy during treatment
and care of personal needs;
(17) include the individual's LAR in decisions involving
the planning and provision of TxHmL Program services and CFC services;
(18) inform the individual or LAR of the process for
reporting a complaint to HHSC or the LIDDA when the program provider's
resolution of a complaint is unsatisfactory to the individual or LAR,
including the HHSC Complaint and Incident Intake toll-free telephone
number, 1-800-458-9858, to initiate complaints and the LIDDA telephone
number to initiate complaints;
(19) ensure the individual is free from seclusion;
(20) inform the individual or LAR, orally and in writing,
of the requirements described in paragraphs (1) - (19) of this subsection:
(A) when the individual is enrolled in the program
provider's program;
(B) if the requirements described in paragraphs (1)
- (19) of this subsection are revised;
(C) at the request of the individual or LAR; and
(D) if the legal status of the individual changes;
(21) obtain an acknowledgement stating that the information
described in paragraph (20) of this subsection was provided to the
individual or LAR and that is signed by:
(A) the individual or LAR;
(B) the program provider staff person providing such
information; and
(C) a third-party witness; and
(22) notify the individual's service coordinator of
an individual's or LAR's expressed interest in the CDS option and
document such notification.
(b) The program provider must make available all records,
reports, and other information related to the delivery of TxHmL Program
services and CFC services as requested by HHSC, other authorized agencies,
or CMS and deliver such items, as requested, to a specified location.
(c) At least annually, the program provider must conduct
a satisfaction survey of individuals, their families, and LARs, and
take action regarding any areas of dissatisfaction.
(d) The program provider must comply with §49.309
of this title (relating to Complaint Process).
(e) In all respite facilities, the program provider
must post in a conspicuous location:
(1) the name, address, and telephone number of the
program provider;
(2) the effective date of the contract; and
(3) the name of the legal entity named on the contract.
(f) At least annually, the program provider must review:
(1) all final investigative reports from HHSC and,
based on the review, identify program process improvements that help
prevent the occurrence of abuse, neglect, and exploitation and improve
the delivery of services;
(2) complaints, as described in §49.309 of this
title, and identify program process improvements to reduce the filing
of complaints;
(3) the reasons for suspensions, terminations, and
transfers and identify any related need for program process improvements;
and
(4) critical incident data reported in accordance with
subsection (n) of this section and identify program process improvements
that help prevent the reoccurrence of critical incidents and improve
the delivery of services.
(g) A program provider must ensure that all personal
information maintained by the program provider or its contractors
concerning an individual, such as lists of names, addresses, and records
created or obtained by the program provider or its contractor, is
kept confidential, that the use or disclosure of such information
and records is limited to purposes directly connected with the administration
of the TxHmL Program or provision of CFC services, and is otherwise
neither directly nor indirectly used or disclosed unless the written
permission of the individual to whom the information applies or the
individual's LAR is obtained before the use or disclosure.
(h) The program provider must ensure that:
(1) the individual or LAR has agreed in writing to
all charges assessed by the program provider against the individual's
personal funds before the charges are assessed; and
(2) charges for items or services are reasonable and
comparable to the costs of similar items and services generally available
in the community.
(i) The program provider must not charge an individual
or LAR for costs for items or services reimbursed through the TxHmL
Program or through CFC.
(j) At the written request of an individual or LAR,
the program provider:
(1) must manage the individual's personal funds entrusted
to the program provider;
(2) must not commingle the individual's personal funds
with the program provider's funds; and
(3) must maintain a separate, detailed record of all
deposits and expenditures for the individual.
(k) When a behavioral support plan includes techniques
that involve restriction of individual rights or intrusive techniques,
the program provider must ensure that the implementation of such techniques
includes:
(1) approval by the individual's service planning team;
(2) written consent of the individual or LAR;
(3) verbal and written notification to the individual
or LAR of the right to discontinue participation in the behavioral
support plan at any time;
(4) assessment of the individual's needs and current
level/severity of the behavior targeted by the plan;
(5) use of techniques appropriate to the level/severity
of the behavior targeted by the plan;
(6) a written behavioral support plan developed by
a service provider of behavioral support with input from the individual,
LAR, the individual's service planning team, and other professional
personnel;
(7) collection and monitoring of behavioral data concerning
the targeted behavior;
(8) allowance for the decrease in the use of intervention
techniques based on behavioral data;
(9) allowance for revision of the behavioral support
plan when the desired behavior is not displayed or techniques are
not effective;
(10) consideration of the effects of the techniques
in relation to the individual's physical and psychological well-being;
and
(11) at least annual review by the individual's service
planning team to determine the effectiveness of the program and the
need to continue the techniques.
(l) A program provider must report the death of an
individual:
(1) to HHSC and the LIDDA by the end of the next business
day after the program provider becomes aware of the death; and
(2) if the program provider reasonably believes that
the LAR does not know of the individual's death, to the LAR as soon
as possible, but not later than 24 hours after the program provider
becomes aware of the death.
(m) A program provider must not retaliate against:
(1) a staff member, service provider, individual, or
other person who files a complaint, presents a grievance, or otherwise
provides good faith information relating to the possible abuse, neglect,
or exploitation of an individual, including:
(A) the use of seclusion; and
(B) the use of a restraint not in compliance with federal
and state laws, rules, and regulations; and
(2) an individual because a person on behalf of the
individual files a complaint, presents a grievance, or otherwise provides
good faith information relating to the possible abuse, neglect, or
exploitation of an individual, including:
(A) the use of seclusion; and
(B) the use of a restraint not in compliance with federal
and state laws, rules, and regulations.
(n) A program provider must enter critical incident
data in the HHSC data system no later than the last calendar day of
the month that follows the month being reported in accordance with
the TxHmL Provider User Guide.
(o) A program provider must ensure that:
(1) the name and phone number of an alternate to the
Chief Executive Officer (CEO) of the program provider is entered in
the HHSC data system; and
(2) the alternate to the CEO:
(A) performs the duties of the CEO during the CEO's
absence; and
(B) if the CEO is named as an alleged perpetrator of
abuse, neglect, or exploitation of an individual, acts as the contact
person in an HHSC investigation and complies with §9.585(d) -
(f) of this subchapter (relating to Certification Principles: Requirements
Related to the Abuse, Neglect, and Exploitation of an Individual).
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| Source Note: The provisions of this §9.580 adopted to be effective January 5, 2003, 27 TexReg 12254; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841; amended to be effective March 1, 2007, 32 TexReg 544; amended to be effective June 1, 2008, 33 TexReg 4340; amended to be effective September 1, 2014, 39 TexReg 6549; amended to be effective November 15, 2015, 40 TexReg 7827; amended to be effective March 20, 2016, 41 TexReg 1867; amended to be effective October1, 2019, 44 TexReg 5062 |
