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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 52CONTRACTING TO PROVIDE EMERGENCY RESPONSE SERVICES
SUBCHAPTER DSERVICE DELIVERY
RULE §52.403Service Initiation

(a) Service initiation requirements. To initiate services, a provider must:

  (1) secure responders, as described in §52.303 of this chapter (relating to Responders);

  (2) install the equipment as described in §52.405 of this chapter (relating to Equipment Installation);

  (3) train an individual on the use of the equipment, including:

    (A) demonstrating how the equipment works; and

    (B) having the individual activate an alarm call;

  (4) explain to the individual:

    (A) that the individual must participate in a system check each month;

    (B) that the individual must contact the provider if:

      (i) his telephone number or address changes; or

      (ii) one or more of his responders change; and

    (C) that the individual must not willfully abuse or damage the equipment;

  (5) inform the individual that a responder can forcibly enter an individual's home if necessary;

  (6) obtain a signed release for forcible entry; and

  (7) inform an individual of the procedures for filing a complaint against a provider.

(b) Service initiation due dates.

  (1) If DADS refers an individual to a provider with a routine referral, the provider must initiate services within 14 days after the service effective date given on the appropriate form listed in §52.401(b)(2) of this chapter (relating to Referrals), or within 14 days after the date the provider receives the form, whichever is later.

  (2) If DADS refers an individual to a provider with a negotiated referral, the provider must initiate services on the date orally negotiated with the case manager.

  (3) If an individual is not available during the time frames described in paragraph (1) or (2) of this subsection, a provider must initiate services within 72 hours after becoming aware that an individual is available, or within 72 hours after the date the individual is available, whichever is later.

(c) Delay in service initiation. A provider must document any failure to initiate services by the applicable date in subsection (b) of this section.

  (1) DADS does not hold the provider accountable if a service delay is:

    (A) beyond the control of the provider; and

    (B) not directly caused by the provider.

  (2) Documentation must include:

    (A) the reason for the delay;

    (B) either the date the provider anticipates it will initiate services or specific reasons the provider cannot anticipate a service initiation date; and

    (C) a description of the provider's ongoing efforts to initiate services.

(d) Documentation of service initiation. A provider must maintain documentation of service initiation in an individual's file.


Source Note: The provisions of this §52.403 adopted to be effective March 1, 2006, 31 TexReg 1307

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