| (a) HHSC may allow a program provider to use one or
more of the exceptions described in subsections (c) - (n) of this
section while an executive order or proclamation declaring a state
of disaster under Texas Government Code §418.014 is in effect.
HHSC notifies program providers:
(1) if HHSC allows an exception to be used; and
(2) if an exception is allowed to be used, the date
the exception must no longer be used, which may be before the declaration
of a state of disaster expires.
(b) In this section "disaster area" means the area
of the state specified in an executive order or proclamation described
in subsection (a) of this section.
(c) Notwithstanding §260.61(c) of this chapter
(relating to Process for Enrollment of an Individual), an initial
visit for an individual who resides in the disaster area may be conducted
by videoconferencing or in person.
(d) If the initial visit described in subsection (c)
of this section is conducted by videoconferencing:
(1) the case manager may complete the requirements
described in §260.61(c)(1) - (3) of this chapter by videoconferencing;
(2) the case manager or an appropriate professional
must not complete an adaptive behavior screening assessment required
by §260.61(c)(6) of this chapter by videoconferencing;
(3) the case manager or an RN must not complete a Related
Conditions Eligibility Screening Instrument required by §260.61(c)(7)
of this chapter by videoconferencing;
(4) an RN may complete a nursing assessment of an individual
who resides in the disaster area required by §260.61(c)(8) in
accordance with the RN's licensing requirements by videoconferencing
or in person;
(5) the case manager must not perform the assessment
needed to complete the ID/RC Assessment required by §260.61(c)(4)
of this chapter by videoconferencing; and
(6) the signature of the individual or LAR on a Waiver
Program Verification of Freedom of Choice form required by §260.61(c)(5)
of this chapter may be replaced by the case manager noting on the
form that the individual or LAR chose the DBMD Program over the ICF/IID
Program.
(e) Notwithstanding §260.67(a) of this chapter
(relating to Development of a Proposed Enrollment IPC), a service
planning team meeting for an individual who resides in the disaster
area may be conducted by videoconferencing or in person.
(f) If the service planning team meeting described
in subsection (e) of this section is conducted by videoconferencing:
(1) the case manager may obtain the signatures of the
service planning team members other than the individual or LAR on
the proposed enrollment IPC required by §260.67(c)(1) of this
chapter after the service planning team meeting; and
(2) the case manager may replace the signature of the
individual or LAR on the proposed enrollment IPC required by §260.67(c)(1)
of this chapter by noting on the enrollment IPC that the individual
or LAR orally agreed to the proposed enrollment IPC.
(g) Notwithstanding §260.77(a) of this chapter
(relating to Renewal and Revision of an IPP and IPC), a case manager
may meet with an individual who resides in the disaster area and the
LAR by videoconferencing or in person.
(h) Notwithstanding §260.77(b)(1)(E), (c)(1),
or (d)(1) of this chapter, a service planning team meeting for an
individual who resides in the disaster area may be conducted by videoconferencing
or in person.
(i) If a service planning team meeting described in
subsection (h) of this section is conducted by videoconferencing,
a case manager must:
(1) replace the signature of an individual or LAR required
by §260.77(a)(5)(A), (b)(1)(E)(vii), (c)(3), or (d)(3) of this
chapter by documenting on the new or revised IPP that the individual
or LAR orally agreed to the new or revised IPP;
(2) obtain the signatures of the service planning team
members required by §260.77(a)(5)(A), (b)(1)(E)(vii), (c)(3),
or (d)(3) of this chapter, other than the individual or LAR, on the
revision or renewal IPP after the service planning team meeting;
(3) replace the signature of the individual or LAR
on a proposed renewal or proposed revised IPC required by §260.77(a)(5)(A),
(b)(1)(E)(vii), (c)(3), or (d)(3) of this chapter by documenting on
the proposed renewal or proposed revised IPC that the individual or
LAR orally agreed to the proposed renewal or proposed revised IPC;
and
(4) obtain the signatures of the service planning team
members required by §260.77(a)(5)(A), (b)(1)(E)(vii), (c)(3),
or (d)(3) of this chapter, other than the individual or LAR, on the
revision or renewal IPC after the service planning team meeting.
(j) Notwithstanding §260.77(a)(2)(C) of this chapter,
a case manager is not required to ensure that an individual who resides
in the disaster area or LAR sign the HHSC IPP Service Review form
or a form the program provider developed, if:
(1) the meeting required by §260.77(a) of this
chapter is conducted by telephone or videoconferencing;
(2) the individual or LAR orally agree with the HHSC
IPP Service Review form or a form the program provider developed;
and
(3) the case manager documents the individual's or
LAR's oral agreement on the HHSC IPP Service Review form or a form
the program provider developed.
(k) Notwithstanding §260.301(a) of this chapter
(relating to Authorization Amount and Other Limits for Adaptive Aids),
the service limit may be exceeded if:
(1) the requested adaptive aid or repair that causes
the service limit to be exceeded is:
(A) an adaptive aid that replaces an adaptive aid that
was destroyed as a result of the disaster; or
(B) the repair of an adaptive aid that was damaged
as a result of the disaster; and
(2) the requested adaptive aid or repair added to the
individual's IPC does not exceed a total limit of $15,000 during the
IPC period, which includes the cost of repair and maintenance of an
adaptive aid.
(l) Notwithstanding §260.303(a)(1) and (b) of
this chapter (relating to Requirements for Authorization to Purchase
or Lease an Adaptive Aid) and §260.305(a)(1), (c), (d), (f) and
(g) of this chapter (relating to Requirements for Bids for an Adaptive
Aid), if an individual requests the repair or replacement of an adaptive
aid damaged or destroyed as result of a disaster:
(1) instead of the service planning team completing
the HHSC Rationale for Adaptive Aids, Medical Supplies, and Minor
Home Modifications form, the program provider must obtain:
(A) a description of the repair or replacement of an
adaptive aid that was damaged or destroyed as a result of the disaster;
and
(B) one bid for the requested repair or replacement
of an adaptive aid from a vendor that complies with §260.305(b)
of this chapter; and
(2) the case manager must submit to HHSC, no later
than 180 days after the effective date of the order or proclamation
described in subsection (a) of this section:
(A) the renewal or revised IPC;
(B) the renewal or revised IPP;
(C) the description and bid of the repair or replacement
described in paragraph (1) of this subsection; and
(D) a written statement that the requested adaptive
aid or repair is not available through a third-party resource.
(m) Notwithstanding §260.315(a) of this chapter
(relating to Authorization Limit for Minor Home Modification and Amount
for Repair and Maintenance), the service limit of minor home modifications
for an individual who resides in the disaster area may be exceeded
if:
(1) the requested minor home modification that causes
the service limit to be exceeded is:
(A) a minor home modification that replaces a minor
home modification that was destroyed as a result of the disaster;
or
(B) a repair of a minor home modification that was
damaged as a result of the disaster; and
(2) the requested minor home modification or repair
added to the individual's IPC does not exceed the total limit of $15,000
for a minor home modification during the time the individual is enrolled
in the DBMD program.
(n) Notwithstanding §§260.317, 260.319, 260.321,
and 260.323 (relating to Requesting Authorization to Purchase a Minor
Home Modification that Costs Less than $1,000, Requesting Authorization
to Purchase a Minor Home Modification that Costs $1,000 or More, Specifications
for a Minor Home Modification, and Bid Requirements for a Minor Home
Modification), if an individual requests the repair or replacement
of a minor home modification damaged or destroyed as a result of a
disaster:
(1) the program provider must obtain:
Cont'd... |
