| (a) A program provider must ensure that CFC ERS is
provided only to an individual:
(1) who is not receiving licensed assisted living or
home health licensed assisted living; and
(2) who:
(A) lives alone, who is alone for significant parts
of the day, or has no regular caregiver for extended periods of time;
and
(B) would otherwise require extensive routine supervision.
(b) Installing equipment.
(1) A program provider must ensure that CFC ERS equipment
is installed within 14 business days after one of the following dates,
whichever is later:
(A) the date HHSC approves the proposed IPC that includes
CFC ERS; or
(B) the effective date of the individual's IPC as determined
by the service planning team.
(2) At the time CFC ERS equipment is installed, a program
provider must ensure that:
(A) the equipment is installed in accordance with the
manufacturer's installation instructions;
(B) an initial test of the equipment is made;
(C) the equipment has an alternate power source in
the event of a power failure;
(D) the individual is trained on the use of the equipment,
including:
(i) demonstrating how the equipment works; and
(ii) having the individual activate an alarm call;
(E) an explanation is given to the individual that
the individual must:
(i) participate in a system check each month; and
(ii) contact the CFC ERS provider if:
(I) the individual's telephone number or address changes;
or
(II) one or more of the individual's responders change;
and
(F) the individual is informed that a responder, in
response to an alarm call, may forcibly enter the individual's home
if necessary.
(3) A program provider must ensure that the date and
time of the CFC ERS equipment installation and compliance with the
requirements in paragraphs (1) and (2) of this subsection are documented
in the individual's record.
(c) Securing responders. A program provider must ensure
that, on or before the date CFC ERS equipment is installed:
(1) an attempt is made to obtain from an individual,
the names and telephone numbers of at least two responders, such as
a relative or neighbor;
(2) public emergency personnel:
(A) is designated as a second responder if the individual
provides the name of only one responder; or
(B) is designated as the sole responder if the individual
does not provide the names of any responders; and
(3) the name and telephone number of each responder
is documented in the individual's record.
(d) Conducting a system check.
(1) At least once during each calendar month a program
provider must ensure that a system check is conducted on a date and
time agreed to by the individual.
(2) A program provider must ensure that the date, time,
and result of the system check is documented in the individual's record.
(3) If, as a result of the system check:
(A) the equipment is working properly but the individual
is unable to successfully activate an alarm call, the program provider
must ensure that a request is made of the case manager to convene
a service planning team meeting to determine if CFC ERS meets the
individual's needs; or
(B) the equipment is not working properly, the program
provider must ensure that, within three calendar days of the system
check, the equipment is repaired or replaced.
(e) Failing to complete a system check. If a system
check is not conducted in accordance with subsection (d)(1) of this
section, a program provider must ensure that:
(1) the failure to comply is because of good cause;
and
(2) the good cause is documented in the individual's
record.
(f) Alarm call.
(1) A program provider must ensure that an alarm call
is responded to 24 hours a day, seven days a week.
(2) A program provider must ensure that, if an alarm
call is made, the CFC ERS provider:
(A) within 60 seconds of the alarm call, attempts to
contact the individual to determine if an emergency exists;
(B) immediately contacts a responder, if as a result
of attempting to contact the individual:
(i) the CFC ERS provider confirms there is an emergency;
or
(ii) the CFC ERS provider is unable to communicate
with the individual; and
(C) documents the following information in the individual's
record when the information becomes available:
(i) the name of the individual;
(ii) the date and time of the alarm call, recorded
in hours, minutes, and seconds;
(iii) the response time, recorded in seconds;
(iv) the time the individual is called in response
to the alarm call, recorded in hours, minutes, and seconds;
(v) the name of the contacted responder, if applicable;
(vi) a brief description of the reason for the alarm
call; and
(vii) if the reason for the alarm call is an emergency,
a statement of how the emergency was resolved.
(3) If an alarm call results in a responder being dispatched
to the individual's home for an emergency, the program provider must
ensure that:
(A) the case manager receives written notice of the
alarm call within one business day after the alarm call;
(B) if the CFC ERS provider is a contracted provider,
the program provider receives written notice from the contracted provider
within one business day after the alarm call; and
(C) the written notices required by subparagraphs (A)
and (B) of this paragraph is maintained in the individual's record.
(g) Equipment failure.
(1) A program provider must ensure that, if an equipment
failure occurs, other than during a system check required by subsection
(d)(1) of this section:
(A) the individual is informed of the equipment failure;
and
(B) the equipment is replaced within one business day
after the failure becomes known by the CFC ERS provider.
(2) If an individual is not informed of the equipment
failure or the equipment is not replaced in compliance with paragraph
(1) of this subsection, the program provider must:
(A) determine whether the failure to inform the individual
or replace the equipment was because of good cause; and
(B) as soon as possible, ensure that the individual
is informed of the equipment failure and the equipment is replaced.
(h) Low battery.
(1) A program provider must ensure that, if the ERS
equipment registers five or more "low battery" signals in
a 72-hour period:
(A) a visit to an individual's home is made to conduct
a system check within five business days after the low battery signals
occur; and
(B) if the battery is defective, the battery is replaced
during the visit.
(2) If a system check or battery replacement is not
made in accordance with paragraph (1) of this subsection, a program
provider must:
(A) determine whether the failure to conduct a system
check or replace a defective battery was because of good cause; and
(B) as soon as possible, conduct a system check and
replace a defective battery.
(i) Documenting equipment failure or low battery. A
program provider must ensure that the following information is documented
in an individual's record:
(1) the date the equipment failure or low battery signal
became known by the CFC ERS provider;
(2) the equipment or subscriber number;
(3) a description of the problem;
(4) the date the equipment or battery was repaired
or replaced; and
(5) the good cause for failure to comply with subsections
(g)(1) and (h)(1) of this section.
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