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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 52CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES
SUBCHAPTER CSTAFF REQUIREMENTS
RULE §52.303Responders

(a) Responder responsibilities. A responder must:

  (1) go to the individual's home if an alarm call is made to a provider; and

  (2) take appropriate action, including contacting public service personnel, based on the situation.

(b) Securing responders. A provider must attempt to secure the names of at least two responders from an individual on or before the date the provider initiates services.

  (1) If the provider is able to secure the name of only one responder from an individual, the provider must:

    (A) designate public service personnel in place of the individual's second responder; and

    (B) document the reason the provider could secure the name of only one responder.

  (2) If a provider is unable to secure the names of any responders from an individual, the provider must:

    (A) designate public service personnel in place of the individual's responders; and

    (B) send written notification to the case manager of the inability to secure the names of any responders within 14 days after initiating services.

(c) Responder orientation. A provider must:

  (1) orient a responder in person, by telephone, or in writing on the responder's responsibilities on or before the date the responder is first contacted by the provider and asked to respond to an alarm call;

  (2) document the following information concerning the orientation:

    (A) the name and telephone number of the responder;

    (B) the name of the individual;

    (C) the date the responder was secured;

    (D) the date of orientation;

    (E) the method of orientation; and

    (F) the topics covered; and

  (3) ensure that a responder receives written procedures on how to respond to an alarm call and document the date the procedures were provided to the responder. The provider may mail the written procedures to the responder.

(d) Replacing a responder.

  (1) A provider must secure a replacement responder when an individual's responder is no longer able to participate.

    (A) If an individual has two responders, a provider must secure a second responder within seven days after becoming aware that the individual will no longer have two responders.

    (B) If an individual has one responder, a provider must secure a replacement responder within four days after becoming aware that the individual's sole responder is no longer able to participate.

    (C) If a provider is unable to secure any replacement responders, the provider must:

      (i) designate public service personnel in place of the replacement responders; and

      (ii) provide the case manager with written notification within 14 days after the provider determines it cannot secure a replacement responder.

  (2) A provider must document:

    (A) the date the provider became aware that a responder was no longer able to participate; and

    (B) the date the provider secured a replacement responder.

(e) Current responders. A provider must maintain a record of the names of current responders for each individual.


Source Note: The provisions of this §52.303 adopted to be effective March 1, 2006, 31 TexReg 1307

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