Texas Register

TITLE 40 SOCIAL SERVICES AND ASSISTANCE
PART 1DEPARTMENT OF AGING AND DISABILITY SERVICES
CHAPTER 68ELECTRONIC VISIT VERIFICATION (EVV) SYSTEM
RULE §68.103Use and Availability of EVV System
ISSUE 12/24/2010
ACTION Final/Adopted
Preamble No Rule Available

(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 adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 10, 2010

TRD-201007008

Kenneth L. Owens

General Counsel

Department of Aging and Disability Services

Effective date: January 1, 2011

Proposal publication date: October 22, 2010

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



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