Texas Register

TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 68ELECTRONIC VISIT VERIFICATION (EVV) SYSTEM
RULE §68.102Definitions
ISSUE 10/22/2010
ACTION Proposed
Preamble No Rule Available

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

  (1)CDS option--Consumer directed services option. As defined in §41.103(8) of this title (relating to Definitions), a service delivery option in which a CDS option participant or legally authorized representative employs and retains a service provider and directs the delivery of a program service, including a service described in §68.101 of this chapter (relating to Application).

  (2)CDS option participant--A person who receives a service described in §68.101 of this chapter using the CDS option.

  (3)CDSA--Consumer directed service agency. As defined in §41.103(9) of this title, an entity that contracts with DADS to provide financial management services to a CDS option participant.

  (4)Contractor--An entity that contracts with DADS to provide a service described in §68.101 of this chapter.

  (5)DADS--The Department of Aging and Disability Services.

  (6)DADS website--The website at www.dads.state.tx.us.

  (7)EVV system--Electronic visit verification system. An electronic visit verification system that:

    (A)allows a service provider to electronically document:

      (i)the service recipient's identity;

      (ii)the service provider's identity;

      (iii)the date and time the service provider begins and ends the delivery of services;

      (iv)the location of service delivery; and

      (v)tasks performed by the service provider; and

    (B)meets other guidelines described on the DADS website.

  (8)Service provider--A person who provides a service described in §68.101 of this chapter and who is employed or contracted by:

    (A)a contractor; or

    (B)a CDS option participant.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on October 11, 2010

TRD-201005767

Kenneth L. Owens

General Counsel

Department of Aging and Disability Services

Earliest possible date of adoption: November 21, 2010

For further information, please call: (512) 438-3734



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