| (a) The program provider must ensure the continuous
availability of trained and qualified employees and contractors to
provide the services in an individual's IPC.
(b) The program provider must comply with applicable
laws and regulations to ensure that:
(1) its operations meet necessary requirements; and
(2) its employees or contractors possess legally necessary
licenses, certifications, registrations, or other credentials and
are in good standing with the appropriate professional agency before
performing any function or delivering services.
(c) The program provider must employ or contract with
a service provider of the individual's or LAR's choice to provide
a TxHmL Program service or a CFC service if that service provider:
(1) is qualified to provide the service;
(2) unless the program provider agrees to pay a higher
amount, provides the service at or below:
(A) for any service except CFC ERS, the direct services
portion of the applicable TxHmL Program rate; and
(B) for CFC ERS, the reimbursement rate; and
(3) contracts with or is employed by the program provider.
(d) The program provider must:
(1) conduct initial and periodic training that ensures
staff members and service providers are trained and qualified to deliver
services as required by the current needs and characteristics of the
individual to whom they deliver services; and
(2) ensure that a staff member who participates in
developing an implementation plan for CFC PAS/HAB completes person-centered
service planning training approved by HHSC:
(A) by June 1, 2017, if the staff member was hired
on or before June 1, 2015; or
(B) within two years after hire, if the staff member
was hired after June 1, 2015.
(e) The program provider must implement and maintain
personnel practices that safeguard an individual against infectious
and communicable diseases.
(f) The program provider must prevent:
(1) conflicts of interest between program provider
personnel and an individual;
(2) financial impropriety toward an individual;
(3) abuse, neglect, or exploitation of an individual;
and
(4) threats of harm or danger toward an individual's
possessions.
(g) The program provider must employ or contract with
a person who oversees the provision of TxHmL Program services and
CFC services to an individual. The person must:
(1) have at least three years paid work experience
in planning and providing TxHmL Program services or CFC services to
an individual with an intellectual disability or related condition
as verified by written statements from the person's employer; or
(2) have both of the following:
(A) at least three years of experience planning and
providing services similar to TxHmL Program services or CFC services
to a person with an intellectual disability or related condition as
verified by written statements from organizations or agencies that
provided services to the person; and
(B) participation as a member of a microboard, as verified
in writing by:
(i) the certificate of formation of the non-profit
corporation under which the microboard operates filed with the Texas
Secretary of State;
(ii) the bylaws of the non-profit corporation; and
(iii) a statement by the board of directors of the
non-profit corporation that the person is a member of the microboard.
(h) The program provider must ensure that a service
provider of community support, day habilitation, or respite is at
least 18 years of age and:
(1) has a high school diploma or a certificate recognized
by a state as the equivalent of a high school diploma; or
(2) has documentation of a proficiency evaluation of
experience and competence to perform the job tasks that includes:
(A) written competency-based assessment of the ability
to document service delivery and observations of an individual to
be served; and
(B) at least three written personal references from
persons not related by blood that indicate the ability to provide
a safe, healthy environment for an individual being served.
(i) The program provider must ensure that a service
provider of employment assistance or a service provider of supported
employment:
(1) is at least 18 years of age;
(2) is not:
(A) the spouse of the individual; or
(B) a parent of the individual if the individual is
a minor; and
(3) has:
(A) a bachelor's degree in rehabilitation, business,
marketing, or a related human services field, and at least six months
of paid or unpaid experience providing services to people with disabilities;
(B) an associate's degree in rehabilitation, business,
marketing, or a related human services field, and at least one year
of paid or unpaid experience providing services to people with disabilities;
or
(C) a high school diploma or a certificate recognized
by a state as the equivalent of a high school diploma, and at least
two years of paid or unpaid experience providing services to people
with disabilities.
(j) A program provider must ensure that the experience
required by subsection (i) of this section is evidenced by:
(1) for paid experience, a written statement from a
person who paid for the service or supervised the provision of the
service; and
(2) for unpaid experience, a written statement from
a person who has personal knowledge of the experience.
(k) The program provider must ensure that a service
provider who provides transportation:
(1) has a valid driver's license; and
(2) transports individuals in a vehicle insured in
accordance with state law.
(l) The program provider must ensure that dental treatment
is provided by a dentist licensed in accordance with Texas Occupations
Code, Chapter 256.
(m) The program provider must ensure that nursing is
provided by an RN or an LVN.
(n) The program provider must ensure that adaptive
aids meet applicable standards of manufacture, design, and installation.
(o) The program provider must ensure that a service
provider of behavioral support:
(1) meets one of the following:
(A) is licensed as a psychologist in accordance with
Texas Occupations Code, Chapter 501;
(B) is licensed as a psychological associate in accordance
with Texas Occupations Code, Chapter 501;
(C) is certified by HHSC as described in §5.161
of this title (relating to Certified Authorized Provider);
(D) is licensed as a licensed behavior analyst in accordance
with Texas Occupations Code, Chapter 506;
(E) has been issued a provisional license to practice
psychology in accordance with Texas Occupations Code, Chapter 501;
(F) is licensed as a licensed clinical social worker
in accordance with Texas Occupations Code, Chapter 505; or
(G) is licensed as a licensed professional counselor
in accordance with Texas Occupations Code, Chapter 503; and
(2) completes the web-based HHSC HCS and TxHmL Behavioral
Support Services Provider Policy Training available on the HHSC website:
(A) before providing behavioral support services;
(B) within 90 calendar days after the date HHSC issues
notice to program providers that HHSC revised the web-based training;
and
(C) within three years after the most recent date of
completion.
(p) The program provider must ensure that minor home
modifications are delivered by contractors who provide the service
in accordance with state and local building codes and other applicable
regulations.
(q) The program provider must ensure that a service
provider of professional therapies is licensed for the specific therapeutic
service provided as follows:
(1) for audiology services, an audiologist licensed
in accordance with Texas Occupations Code, Chapter 401;
(2) for speech and language pathology services, a speech-language
pathologist or licensed assistant in speech-language pathology licensed
in accordance with Texas Occupations Code, Chapter 401;
(3) for occupational therapy services, an occupational
therapist or occupational therapy assistant licensed in accordance
with Texas Occupations Code, Chapter 454;
(4) for physical therapy services, a physical therapist
or physical therapist assistant licensed in accordance with Texas
Occupations Code, Chapter 453; and
(5) for dietary services, a licensed dietitian licensed
in accordance with Texas Occupations Code, Chapter 701.
(r) The program provider must comply with §49.304
of this title (relating to Background Checks).
(s) A program provider must comply with §49.312
of this title (relating to Personal Attendants).
(t) If the service provider of community support or
CFC PAS/HAB is employed by or contracts with a contractor of a program
provider, the program provider must ensure that the contractor complies
with subsection (s) of this section as if the contractor were the
program provider.
(u) A program provider must:
(1) ensure that a service provider of CFC PAS/HAB:
(A) is at least 18 years of age;
(B) has:
(i) a high school diploma or a certificate recognized
by a state as the equivalent of a high school diploma; or
(ii) documentation of a proficiency evaluation of experience
and competence to perform the job tasks that includes:
(I) a written competency-based assessment of the ability
to document service delivery and observations of the individuals to
be served; and
(II) at least three written personal references from
persons not related by blood that indicate the ability to provide
a safe, healthy environment for the individuals being served;
(C) is not:
(i) the spouse of the individual; or
(ii) a parent of the individual if the individual is
a minor; and
(D) meets any other qualifications requested by the
individual or LAR based on the individual's needs and preferences;
and
(2) if requested by an individual or LAR:
(A) allow the individual or LAR to train a CFC PAS/HAB
service provider in the specific assistance needed by the individual
and to have the service provider perform CFC PAS/HAB in a manner that
comports with the individual's personal, cultural, or religious preferences;
and
(B) ensure that a CFC PAS/HAB service provider attends
training by HHSC so the service provider meets any additional qualifications
desired by the individual or LAR.
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| Source Note: The provisions of this §9.579 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 January 1, 2014, 38 TexReg 9628; 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 October 1, 2019, 44 TexReg 5062; amended to be effective May 10, 2020, 45 TeReg 2886 |
