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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 42DEAF BLIND WITH MULTIPLE DISABILITIES (DBMD) PROGRAM AND COMMUNITY FIRST CHOICE (CFC) SERVICES
SUBCHAPTER DADDITIONAL PROGRAM PROVIDER PROVISIONS
RULE §42.403Training

(a) General orientation training. A program provider must ensure that a program director and a service provider complete a general orientation curriculum before assuming job duties and annually thereafter.

  (1) The general orientation curriculum must include training on:

    (A) the rights of an individual;

    (B) confidentiality;

    (C) the program provider's complaint process; and

    (D) the DBMD Program and CFC, including the requirements of this chapter and the DBMD Program services and CFC services specified in §42.104 of this chapter (relating to Description of Deaf Blind with Multiple Disabilities (DBMD) Waiver Program and CFC).

  (2) A program provider must document:

    (A) the name of the person who received the training required by this subsection;

    (B) the date the training was conducted; and

    (C) the name of the person who conducted the training.

(b) Abuse, neglect, and exploitation training. A program provider must:

  (1) ensure that a program director, service provider, staff person, and volunteer:

    (A) are trained on and knowledgeable of:

      (i) acts that constitute abuse, neglect, and exploitation;

      (ii) signs and symptoms of abuse, neglect, and exploitation; and

      (iii) methods to prevent abuse, neglect, and exploitation;

    (B) are instructed to report an allegation of abuse, neglect, or exploitation of an individual as described in §42.410 of this chapter (relating to Reporting Allegations of Abuse, Neglect, or Exploitation of an Individual); and

    (C) are provided with the instructions described in subparagraph (B) of this paragraph in writing;

  (2) conduct the activities described in paragraph (1)(A) - (C) of this subsection:

    (A) within one year after the person's most recent training on abuse, neglect, and exploitation and annually thereafter, if the program director, service provider, staff person, or volunteer was hired before July 1, 2019; or

    (B) before assuming job duties and annually thereafter, if the program director, service provider, staff person, or volunteer is hired on or after July 1, 2019; and

  (3) document:

    (A) the name of the person who received the training required by this subsection;

    (B) the date the training was conducted; and

    (C) the name of the person who conducted the training.

(c) Cardiopulmonary resuscitation, first aid, and choking prevention training. A program provider must ensure training on cardiopulmonary resuscitation, first aid, and choking prevention in accordance with this subsection.

  (1) A program provider must ensure that a program director, a case manager, an intervener, and a service provider of licensed assisted living, licensed home health assisted living, day habilitation, employment assistance, residential habilitation, respite, supported employment, and CFC PAS/HAB have current certification in:

    (A) cardiopulmonary resuscitation;

    (B) basic first aid; and

    (C) choking prevention.

  (2) The training received to obtain the certification must include an in-person evaluation by a qualified instructor of the trainee's ability to perform the actions listed in paragraph (1)(A) - (C) of this subsection.

  (3) A program provider must ensure that:

    (A) a program director, a case manager, an intervener, and a service provider of licensed assisted living, licensed home health assisted living, day habilitation, employment assistance, residential habilitation, respite, and supported employment have the certification described in paragraph (1) of this subsection before assuming job duties; and

    (B) a CFC PAS/HAB service provider has the certification described in paragraph (1) of this subsection:

      (i) within 90 calendar days after the original effective date of this section, if the CFC PAS/HAB service provider was hired on or before the original effective date of this section; or

      (ii) before assuming job duties, if the CFC PAS/HAB service provider is hired after the original effective date of this section.

  (4) A program provider must maintain a copy of the certification required by paragraph (1) of this subsection. The certification must be issued by the organization granting the certification.

(d) HHSC DBMD Computer Based Training.

  (1) A program provider must ensure that a program director and case manager complete the HHSC Deaf Blind with Multiple Disabilities Waiver Computer Based Training and receive a score of at least 80 percent on the examination included in the training:

    (A) within 90 days after October 1, 2019, and annually thereafter, if the program director or case manager was hired before October 1, 2019; or

    (B) within 90 days after assuming job duties and annually thereafter, if the program director or case manager is hired on or after October 1, 2019.

  (2) A program provider must maintain a copy of the certification from the training required by this subsection, issued by HHSC, showing that the person successfully completed the training.

(e) DBMD Program Case Management Training.

  (1) A program provider must ensure that a program director and case manager complete, within six months after assuming job duties, the DBMD Program Case Management Training provided by HHSC or training developed by the program provider. A program provider that develops and conducts its own training must ensure that:

    (A) the training addresses the following elements from the HHSC DBMD Program Case Management Training:

      (i) the DBMD Program service delivery model, which includes:

        (I) the role of the case manager and DBMD Program provider;

        (II) the role of the service planning team;

        (III) person-centered planning; and

        (IV) the CDS option;

      (ii) DBMD Program services, including how these services:

        (I) complement other Medicaid services;

        (II) supplement family supports and non-waiver services available in the individual's community; and

        (III) prevent institutionalization;

      (iii) DBMD Program process and procedures for:

        (I) eligibility and enrollment;

        (II) service planning, service authorization, and program plans;

        (III) access to non-waiver resources; and

        (IV) complaint procedures and the fair hearing process; and

      (iv) rules, policies, and procedures about:

        (I) prevention of abuse, neglect, and exploitation of an individual;

        (II) reporting abuse, neglect, and exploitation to local and state authorities; and

        (III) financial improprieties involving an individual; and

    (B) the staff person who develops and conducts the training successfully completes the DBMD Program Case Management Training provided by HHSC before developing or conducting training.

  (2) A program provider must:

    (A) for the training required by this subsection that is provided by HHSC, maintain a copy of the certificate issued by HHSC that the person completed the training; or

    (B) for the training required by this subsection that is developed and conducted by the program provider, maintain a copy of a certificate or form letter issued by the program provider that includes:

      (i) the name of the person who received the training;

      (ii) the date the training was conducted; and

      (iii) the name of the person conducting the training.

(f) DBMD Program Service Provider Training.

  (1) A program provider must ensure that:

    (A) a case manager, within six months after assuming job duties, completes the DBMD Program Service Provider Training as described in paragraph (2) of this subsection;

    (B) a program director, if providing intervener, licensed assisted living, licensed home health assisted living, case management, day habilitation, employment assistance, nursing, specialized nursing, residential habilitation, respite, supported employment, or CFC PAS/HAB to an individual, completes, within six months after assuming job duties, the DBMD Program Service Provider Training as described in paragraph (2) of this subsection;

    (C) an intervener and a service provider of licensed assisted living, licensed home health assisted living, day habilitation, employment assistance, nursing, specialized nursing, residential habilitation, respite, or supported employment, within 90 calendar days after assuming job duties, complete the DBMD Program Service Provider Training as described in paragraph (2) of this subsection; and

    (D) a CFC PAS/HAB service provider completes the DBMD Program Service Provider Training:

      (i) within 90 days after the original effective date of this section, if the CFC PAS/HAB service provider was hired on or before the original effective date of this section; or

      (ii) within 90 calendar days after assuming job duties, if the CFC PAS/HAB service provider is hired after the original effective date of this section.

  (2) The DBMD Program Service Provider Training is provided by HHSC or developed by a program provider. If the training is developed by the program provider, the training must address the following elements from the HHSC DBMD Program Service Provider Training curriculum:

    (A) methods and strategies for communication;

    (B) active participation in home and community life;

    (C) orientation and mobility;

    (D) behavior as communication;

    (E) causes and origins of deafblindness; and

    (F) vision, hearing, and the functional implications of deafblindness.

  (3) A program provider that develops and conducts its own training, as described in paragraph (2) of this subsection, must ensure that the staff person who develops and conducts the training successfully completes the DBMD Program Service Provider Training provided by HHSC before developing or conducting training.

  (4) A program provider must:

    (A) for the training required by this subsection that is provided by HHSC, maintain a copy of the certificate issued by HHSC that the person completed the training; or

    (B) for the training required by this subsection that is developed and conducted by the program provider, maintain a copy of a certificate or form letter issued by the program provider that includes:

      (i) the name of the person who received the training;

      (ii) the date the training was conducted; and

      (iii) the name of the person conducting the training.

(g) Training on needs of an individual.

  (1) Except as provided in paragraph (3) of this subsection, a program provider must ensure an intervener and a service provider of licensed assisted living, licensed home health assisted living, day habilitation, employment assistance, residential habilitation, respite, supported employment, and CFC PAS/HAB, complete training on the needs of an individual:

    (A) before providing services to the individual;

    (B) at least annually; and

    (C) if the individual's needs change.

  (2) Training on the needs of an individual must include:

    (A) the special needs of the individual, including the individual's:

      (i) methods of communication;

      (ii) specific visual and audiological loss; and

      (iii) adaptive aids;

    (B) managing challenging behavior, including training in:

      (i) prevention of aggressive behavior; and

      (ii) de-escalation techniques; and

    (C) instruction in the individual's home with full participation by the individual, LAR, or other involved persons, as appropriate, concerning the specific tasks to be performed.

  (3) A program provider must ensure that a CFC PAS/HAB service provider hired before the original effective date of this section receives the training required by this subsection within 90 days after the original effective date of this section, annually thereafter, and if the individual's needs change.

  (4) A program provider must document:

    (A) the name of the person who received the training required by this subsection;

    (B) the date the training was conducted;

    (C) the name of the individual;

    (D) the topic of the training; and

    (E) the name of the person who conducted the training.

(h) Training on delegated tasks.

  (1) A program provider must ensure a service provider performing a delegated task is:

Cont'd...

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