(a)A TAS provider [The provider agency]
must:
(1)deliver TAS to an individual for
whom the TAS provider receives, from the individual's case manager,
a completed Transition Assistance Services (TAS) Assessment and Authorization
form authorized by DADS;
(2)[(1)] deliver to the individual
[client] the specific TAS authorized on the
form [transition assistance service that the case manager
authorized in writing];
(3)[(2)] purchase TAS [
services] for the individual [client]
within the monetary [dollar] amount authorized
on the form [that the case manager authorizes]; and
(4)[(3)] submit a service claim
[for reimbursement] to DADS [the Texas
Department of Human Services] only after all of the
authorized TAS has [purchased services have] been
delivered to the individual [client].
(b)A TAS [The] provider [agency
] must complete the delivery of TAS [services]
to the individual [client] at least two days
before the individual's [client's nursing] facility
discharge date unless the delay in delivery is beyond the control
of the TAS provider.
(c)If a TAS [The] provider does
not [agency may fail to] deliver the authorized
TAS in accordance with [services to the client by the applicable
due date described in] subsection (b) of this section,
the TAS provider must [only if the reason for the delay
is beyond the control of the provider agency, and only if the provider
agency makes an ongoing effort to deliver the services. The provider
agency must document any failure to deliver the authorized services
by the applicable due date, including]:
(1)document the following:
(A)a description of the pending TAS;
(B)the reason for the delay;
(C)the date the TAS provider anticipates it will deliver
the pending TAS or specific reasons why the TAS provider cannot anticipate
a delivery date; and
(D)a description of the TAS provider's ongoing efforts
to deliver the TAS; and
(2)at least two days before the facility
discharge date, provide the information described in paragraph (1)
of this subsection to:
(A)the individual or LAR, or in MDCP, the individual's
primary caregiver; and
(B)the case manager.
[(1)a description of the pending
services;]
[(2)the reason for the delay;]
[(3)either the date the provider
agency anticipates it will deliver the pending services or specific
reasons why the provider agency cannot anticipate a delivery date;
and]
[(4)a description of the provider
agency's ongoing efforts to deliver the services.]
(d)A TAS provider must, within one
working day after TAS has been delivered, notify the following persons
that TAS has been delivered:
(1)the individual or LAR, or in MDCP, the individual's
primary caregiver; and
(2)the case manager.
[(d)The provider agency must orally
notify the case manager of any failure to deliver any of the authorized
services before the applicable due date described in subsection (b)
of this section. Oral notice means directly speaking with the case
manager and does not include a message left by voice mail.]
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on December 29, 2014
TRD-201406313 Lawrence Hornsby
General Counsel
Department of Aging and Disability Services
Earliest possible date of adoption: February 8, 2015
For further information, please call: (512)
438-4162
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