(a)DADS may require a contractor, a CDSA, and a CDS option participant to use an EVV system in: (1)each DADS region; or (2)a part of one or more DADS regions. (b)A contractor, CDSA, or CDS option participant required to use EVV: (1)must use an EVV system approved by DADS to document the provision of a service described in §68.101 of this chapter (relating to Application), except under circumstances described in guidelines on the DADS website; (2)must comply with DADS' requirements for documentation of information not documented by an EVV system in the provision of a service described in §68.101 of this chapter; and (3)must comply with applicable federal and state laws regarding confidentiality of information regarding a person receiving a service described in §68.101 of this chapter. (c)A contractor or CDSA required to use EVV: (1)must ensure that documentation that may be generated by an EVV system is available for review in accordance with the contract; and (2)must provide, upon request and at no charge, a copy of documentation that may be generated by an EVV system to DADS and any other federal or state agency authorized to have access to such documentation. (d)A CDSA must make an EVV system approved by DADS available to a CDS option participant. (e)A contractor may use confidential information, including the name and contact information of a person receiving a service described in §68.101 of this chapter from another contractor, only for the authorized purpose for which the confidential information was legally obtained. (f)At any time, DADS may access an EVV system used by a contractor or 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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