Texas Register
TITLE 26 HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 263HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)
SUBCHAPTER LINDIVIDUALIZED SKILLS AND SOCIALIZATION
RULE §263.2009Exceptions to Certain Requirements During Declaration of Disaster
ISSUE 12/23/2022
ACTION Final/Adopted
Preamble Texas Admin Code Rule
(a)HHSC may allow program providers to use one or both of the exceptions in subsections (c) and (d) of this section while an executive order or proclamation declaring a state of disaster under Texas Government Code §418.014 is in effect. HHSC notifies program providers:

  (1)if it allows an exception to be used; and

  (2)if an exception is allowed to be used, the date the exception must no longer be used, which may be before the declaration of a state of disaster expires.

 (b)In this section "disaster area" means the area of the state specified in an executive order or proclamation described in subsection (a) of this section.

 (c)Notwithstanding §263.2007 of this chapter (relating to Description of and Criteria for an Individual to Receive In-Home Individualized Skills and Socialization), an individual who resides in the disaster area is not required to meet any of the criteria described in §263.2007(b) of this chapter to receive in-home individualized skills and socialization.

 (d)Notwithstanding §263.2013 of this chapter (relating to Provision of In-Home Individualized Skills and Socialization), if an individual who resides in the disaster area does not meet any of the criteria described in §263.2007(b) of this chapter to receive in-home individualized skills and socialization, a program provider is not required to obtain the documentation described in §263.2013(b) of this chapter.

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 December 12, 2022

TRD-202205052

Karen Ray

Chief Counsel

Department of State Health Services

Effective date: January 1, 2023

Proposal publication date: August 12, 2022

For further information, please call: (512) 438-4639

 

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