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(a)DADS may require a contractor, FMSA, or CDS option participant to use an EVV system. (b)A contractor, FMSA, or CDS option participant required to use EVV: (1)must use an EVV system approved by DADS or certified by the Texas Health and Human Services Commission 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 FMSA 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)An FMSA 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)A contractor, FMSA, or CDS option participant must, at any time, allow DADS to access an EVV system used by the contractor, FMSA, or CDS option participant.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on April 28, 2014
TRD-201401997 Lorri Hadden
Acting General Counsel
Department of Aging and Disability Services
Effective date: May 25, 2014
Proposal publication date: January 17, 2014
For further information, please call: (512) 438-4162
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