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(a)Individualized skills and socialization is an HCS
Program service described in this section and in Appendix C of the
HCS Program waiver application approved by CMS.
(b)On-site and off-site individualized skills and
socialization:
(1)provide person-centered activities related to:
(A)acquiring, retaining, or improving self-help skills
and adaptive skills necessary to live successfully in the community
and participate in home and community life; and
(B)gaining or maintaining independence, socialization,
community participation, current or future volunteer goals, or employment
goals consistent with achieving the outcomes identified in an individual's
PDP;
(2)supports the individual's pursuit and achievement
of employment through school, vocational rehabilitation, the HCS Program
service of employment assistance, or the HCS Program service of supported
employment;
(3)provides personal assistance for an individual
who cannot manage personal care needs during an individualized skills
and socialization activity;
(4)as determined by an assessment conducted by a registered
nurse, provides assistance with medications and the performance of
tasks delegated by a registered nurse in accordance with state law
and rules, unless a physician has delegated the task as a medical
act under Texas Occupations Code Chapter 157, as documented by the
physician; and
(5)does not include activities in which an individual:
(A)produces marketable goods; and
(B)is paid below minimum wage for producing the goods
in accordance with Section 14(c) of the Fair Labor Standards Act.
(c)On-site individualized skills and socialization:
(1)is provided in a building or a portion of a building
that is owned or leased by an individualized skills and socialization
provider;
(2)includes transportation of an individual from one
on-site individualized skills and socialization location to another
on-site individualized skills and socialization location;
(3)promotes an individual's development of skills
and behavior that support independence and personal choice; and
(4)is not provided in:
(A)a setting in which an individual must not reside,
as set forth in the rules governing the HCS Program, unless provided
in an event open to the public; or
(B)the residence of an individual or another person.
(d)Off-site individualized skills and socialization:
(1)provides activities that:
(A)integrate an individual into the community; and
(B)promote the individual's development of skills
and behavior that support independence and personal choice;
(2)is provided in a community setting chosen by the
individual from among available community setting options;
(3)includes transportation of an individual from an
on-site individualized skills and socialization location to an off-site
individualized skills and socialization location and between off-site
individualized skills and socialization locations; and
(4)is not provided in:
(A)a building in which on-site individualized skills
and socialization is provided;
(B)a setting in which an individual must not reside,
as set forth in the rules governing the HCS Program, unless provided
in an event open to the public; or
(C)the residence of an individual or another person.
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 July 28, 2022
TRD-202202840 Karen Ray
Chief Counsel
Health and Human Services Commission
Earliest possible date of adoption: September 11, 2022
For further information, please call: (512) 438-4639
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