| (a) HHSC may allow a program provider to use one or
more of the exceptions described in subsections (c) - (p) 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 §259.61(a)(2) 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) Notwithstanding §259.61(h)(1)(A) and (B) of
this chapter, a DSA staff person may complete the requirements described
in §259.61(h)(1)(A) of this chapter for an individual who resides
in the disaster area by videoconferencing or in person.
(e) Notwithstanding §259.61(h)(2) of this chapter,
an appropriate professional may complete an adaptive behavior screening
assessment of an individual who resides in the disaster area by videoconferencing
in accordance with the professional's licensing requirements or in
person.
(f) Notwithstanding §259.61(h)(3)(A) - (C) and §259.75(a)(1)(B)
of this chapter (relating to Annual Review by HHSC of Whether an Individual
Meets LOC VIII Criteria), an RN may complete the HHSC CLASS/DBMD Nursing
Assessment form, the HHSC Related Conditions Eligibility Screening
Instrument, and the ID/RC Assessment of an individual who resides
in the disaster area by videoconferencing in accordance with the RN's
licensing requirements or in person.
(g) Notwithstanding §259.65(c)(1)(A) of this chapter
(relating to Development of an Enrollment IPC), a case manager is
not required to ensure an individual who resides in the disaster area
or LAR signs and dates an enrollment IPC and IPP if:
(1) the meeting required by §259.65(a)(1) of this
chapter is conducted by videoconferencing;
(2) the individual or LAR orally agrees with the enrollment
IPC and IPPs; and
(3) the case manager documents the individual's or
LAR's oral agreement on the enrollment IPC and IPPs.
(h) Notwithstanding §259.79(a)(1) and (2) of this
chapter (relating to Renewal and Revision of an IPC), a case manager
may conduct all IPP service review meetings with an individual who
resides in the disaster area and LAR in person or by videoconferencing.
(i) Notwithstanding §259.79(b)(6) of this chapter,
a case manager is not required to ensure that an individual who resides
in the disaster area or LAR signs the HHSC IPP Service Review form,
if:
(1) the meeting required by §259.79(a) of this
chapter is conducted by videoconferencing;
(2) the individual or LAR orally agree with the HHSC
IPP Service Review form; and
(3) the case manager documents the individual's or
LAR's oral agreement on the HHSC IPP Service Review form.
(j) If a service planning team meeting described in §259.79(c)
is conducted by videoconferencing for an individual who resides in
the disaster area, a case manager may:
(1) on a renewal or revised IPP:
(A) notwithstanding §259.79(f)(2)(A) of this chapter,
replace the signature of an individual or LAR by documenting on the
renewal or revised IPP that the individual or LAR orally agreed to
the renewal or revised IPP; and
(B) notwithstanding §259.79(f)(2)(C) of this chapter,
obtain the signature of the DSA after the service planning team meeting;
and
(2) on a proposed renewal or proposed revised IPC:
(A) notwithstanding §259.79(g)(1)(A) of this chapter,
replace the signature of the individual or LAR 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
(B) notwithstanding §259.79(g)(1)(C) of this chapter,
obtain the signature of the DSA after the service planning team meeting.
(k) Notwithstanding §259.73(a)(1) of this chapter
(relating to Service Limits), the combined cost for adaptive aids
and dental treatment may exceed $10,000 during an IPC period if:
(1) the requested adaptive aid or repair that causes
the combined cost to be exceeded is:
(A) an adaptive aid that replaces an adaptive aid that
was destroyed as a result of the disaster; or
(B) a 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 result in the combined cost of dental treatment
and adaptive aids to exceed $15,000 during the IPC period, which includes
the cost of repair and maintenance of an adaptive aid.
(l) Notwithstanding §259.255(a) of this chapter
(relating to Requirements for Authorization to Purchase an Adaptive
Aid Costing Less Than $500), if an individual requests the repair
or replacement of an adaptive aid damaged or destroyed as a result
of a disaster:
(1) a DSA must provide to the case manager:
(A) a description of the repair or replacement of the
adaptive aid that was damaged or destroyed as a result of the disaster;
and
(B) the cost of the repair or replacement of the adaptive
aid;
(2) the case manager must:
(A) include the cost of the adaptive aid or repair,
which must be within the cost described in subsection (k)(2) of this
section, in the individual's:
(i) proposed renewal or proposed revised IPC; and
(ii) renewal or revised IPP;
(B) obtain the individual or LAR's oral agreement to
the proposed renewal or proposed revised IPC and IPP;
(C) document the individual's or LAR's oral agreement
on the proposed renewal or proposed revised IPC and IPP; and
(D) sign the proposed renewal or proposed revised IPC
and IPP;
(3) the DSA must sign the proposed renewal or proposed
revised IPC and IPP; and
(4) the CMA 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 proposed renewal or proposed revised IPC;
(B) the renewal or revised IPP;
(C) the description of the repair or replacement described
in paragraph (1) of this subsection; and
(D) a written statement of the case manager that the
requested adaptive aid or repair is not available through a third-party
resource.
(m) Notwithstanding §§259.257, 259.259, and
259.261 of this chapter (relating to Requirements for Authorization
to Purchase an Adaptive Aid Costing $500 or More, Requirements for
Specifications for an Adaptive Aid, and Requirements for Bids of an
Adaptive Aid), if an individual requests the repair or replacement
of an adaptive aid costing $500 or more damaged or destroyed as a
result of a disaster:
(1) the DSA must provide to the case manager:
(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 repair or replacement of an adaptive
aid from a vendor that includes:
(i) the cost of the repair or replacement of the adaptive
aid, which may be from a catalog, website, or brochure price list;
(ii) the amount of any additional expenses related
to the delivery of the adaptive aid, including shipping and handling,
taxes, installation, and other labor charges;
(iii) the date of the bid; and
(iv) the name, address, and telephone number of the
vendor, who may not be a relative of the individual;
(2) the case manager must:
(A) include the cost of the adaptive aid or repair,
which must be within the cost described in subsection (k)(2) of this
section, in the individual's:
(i) proposed renewal or proposed revised IPC; and
(ii) renewal or revised IPP;
(B) obtain the individual's or LAR's oral agreement;
(C) document the individual's or LAR's oral agreement
on the proposed renewal or proposed revised IPC and IPP; and
Cont'd... |
