TITLE 40.SOCIAL SERVICES AND ASSISTANCE

Part 1. TEXAS DEPARTMENT OF HUMAN SERVICES

Chapter 62. CONTRACTING TO PROVIDE TRANSITION ASSISTANCE SERVICES

The Texas Department of Human Services (DHS) proposes new Chapter 62, Contracting to Provide Transition Assistance Services, consisting of Subchapter A, concerning introduction, §§62.1, 62.3, and 62.5; Subchapter B, concerning provider agency requirements, §62.11; Subchapter C, concerning staff requirements, §62.21; Subchapter D, concerning service delivery requirements, §62.31 and §62.33; and Subchapter E, concerning claim payments and documentation, §62.41 and §62.43.

The purpose of the new sections is to add rules for provider agencies contracting to provide transition assistance services (TAS) as a §1915(c) Medicaid waiver service. TAS will be offered to nursing facility residents who are being discharged into the community under a Medicaid waiver program to assist them in setting up a household. TAS include, but are not limited to, paying security/utility deposits, moving expenses, and purchasing essential furnishings. Nursing facility residents who are discharged from the facility into a waiver program are eligible to receive up to $2,500 in TAS. These rules include requirements for contracting and delivering TAS.

Gordon Taylor, Chief Financial Officer, has determined that, for the first five-year period the proposed sections are in effect, there are no fiscal implications for state or local government as a result of enforcing or administering the sections. The addition of these services will not result in increased costs because funds already appropriated to pay for the client's institutional care will follow the client into the community care setting to pay for these services. The addition of these services should enable more clients to move out of nursing facilities and into community settings. Since the cost of nursing facility care is greater than the cost of community care, the addition of these services should result in a net savings to DHS. However, the amount of savings cannot be reliably estimated.

Bettye M. Mitchell, Deputy Commissioner for Long Term Care, has determined that, for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections is that nursing facility residents who qualify for Medicaid waiver program services will have the option of accessing this funding source to assist them in transitioning more smoothly into the community. The funding provided for TAS is needed by many nursing facility residents to help defray the costs associated with setting up a household. There is no adverse economic effect on small or micro businesses as a result of enforcing or administering the sections, because businesses of any size will be able to apply to be a contracted provider of these new services. There is no anticipated economic cost to persons who are required to comply with the proposed sections. There is no anticipated effect on local employment in geographic areas affected by these sections.

Questions about the content of this proposal may be directed to Gerardo Cantu at (512) 438-3693 in DHS's Community Care Provider Services section. Written comments on the proposal may be submitted to Supervisor, Rules Unit-092, Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030, within 30 days of publication in the Texas Register .

Under §2007.003(b) of the Government Code, DHS has determined that Chapter 2007 of the Government Code does not apply to these rules. The changes these rules make do not implicate a recognized interest in private real property. Accordingly, DHS is not required to complete a takings impact assessment regarding these rules.

These rules are proposed by DHS, subject to the subsequent transfer of rulemaking authority to HHSC. DHS is currently scheduled to transition sometime in 2004 into two successor agencies, the existing Texas Health and Human Services Commission (HHSC) and a new agency, the Texas Department of Aging and Disability Services (DADS).

This reorganization is mandated by House Bill 2292, 78th Leg., R.S. (2003). At the inception of operations of DADS, the authority to adopt all rules for the operation and provision of health and human services by DADS will lie with HHSC. These changes may result in the migration of these rules from one title of the Texas Administrative Code to another or other changes.

Subchapter A. INTRODUCTION

40 TAC §§62.1, 62.3, 62.5

The new sections are proposed under the Human Resources Code, Chapters 22 and 32, which authorizes DHS to administer public and medical assistance programs, and under Government Code, §531.021, which provides the Texas Health and Human Services Commission with the authority to administer federal medical assistance funds.

The new sections affect the Human Resources Code, §§22.0001-22.040 and §§32.001-32.067.

§62.1.Purpose.

This chapter establishes the requirements for agencies contracting to provide transition assistance services to eligible clients through the following Texas Department of Human Services waiver programs:

(1) Community Based Alternatives;

(2) Community Living Assistance and Support Services;

(3) Medically Dependent Children;

(4) Deaf Blind with Multiple Disabilities; and

(5) Consolidated Waiver.

§62.3.Definitions.

The following words and terms have the following meanings when used in this chapter, unless the context clearly indicates otherwise:

(1) Case manager--A Texas Department of Human Services (DHS) employee or case management agency employee who is responsible for case management activities. Activities include eligibility determination, client registration, assessment and reassessment of a client's need, service plan development, and intercession on a client's behalf.

(2) Client--An individual who is eligible to receive DHS Medicaid waiver services. References in this chapter to "client" include the client's representative, unless the context indicates otherwise.

(3) Community Based Alternatives (CBA)--A Medicaid program that provides services to eligible adults who are aged and/or disabled as an alternative to institutional care in a nursing facility. CBA services are provided in accordance with the waiver provisions of §1915(c) of the Social Security Act (42 U.S.C. §1396n(c)).

(4) Community Living Assistance and Support Services (CLASS)--A Medicaid program that provides home and community-based services to eligible people with related conditions (developmental disabilities other than mental retardation), as a cost-effective alternative to placement in an Intermediate Care Facility for Persons with Mental Retardation or Related Conditions (ICF-MR/RC). CLASS services are provided in accordance with the waiver provisions of §1915(c) of the Social Security Act (42 U.S.C. §1396n(c)).

(5) Consolidated Waiver Program (CWP)--A Medicaid program that provides home and community-based services to people who are eligible for care in a nursing facility or ICF-MR/RC as an alternative to institutional placement. CWP services are provided in accordance with the waiver provisions of §1915(c) of the Social Security Act (42 U.S.C. 1396n(c)).

(6) Contract--The formal, written agreement between DHS and a provider agency to provide services to DHS clients eligible under this chapter in exchange for reimbursement.

(7) Contract manager--A DHS employee who is responsible for the overall management of the contract with the provider agency.

(8) DHS--The Texas Department of Human Services.

(9) Days--Any reference to days means calendar days, unless otherwise specified in the text. Calendar days include weekends and holidays.

(10) Deaf Blind with Multiple Disabilities (DBMD)--A Medicaid program that provides home and community-based support services to persons age 18 or older who are deaf-blind and have at least one other disability, and who are eligible for institutional care, as a cost-effective alternative to institutional care. DBMD services are provided in accordance with the waiver provisions of §1915(c) of the Social Security Act (42 U.S.C. 1396n(c)).

(11) Medically Dependent Children Program (MDCP)--A Medicaid program that provides home and community-based support services to persons under 21 years of age who are medically dependent and eligible for institutional care, as a cost-effective alternative to institutional care. MDCP services are provided in accordance with the waiver provisions of §1915(c) of the Social Security Act (42 U.S.C. 1396n(c)).

(12) Nursing facility--A facility licensed under the Health and Safety Code, Chapter 242, that provides organized and structured nursing care and services.

(13) Provider agency--An agency that contracts with DHS to provide transition assistance services to clients in exchange for reimbursement.

(14) Waiver program--A DHS Medicaid program operated under the waiver provisions of §1915(c) of the Social Security Act (42 U.S.C. §1396n(c)), including: CBA, CLASS, MDCP, DBMD, and CWP.

(15) Working days--Days DHS is open for business.

§62.5.Service Description.

(a) Transition assistance services (TAS) assist Medicaid recipients who are nursing facility residents discharged from the facility to set up a household. TAS are only available to nursing facility residents who are discharged from the facility into a waiver program. TAS are not available to residents moving from a nursing facility who are approved for any of the following waiver services:

(1) assisted living services;

(2) adult foster care services;

(3) support family services;

(4) 24-hour residential habilitation; or

(5) family surrogate services.

(b) TAS include, but are not limited to:

(1) payment of security deposits required to lease an apartment or home, or to establish utility services for the home;

(2) purchase of essential furnishings for the apartment or home, including table, chairs, window blinds, eating utensils, and food preparation items;

(3) payment of moving expenses required to move into or occupy the home or apartment; and

(4) payment for services to ensure the health and safety of the client in the apartment or home, such as pest eradication, allergen control, or a one-time cleaning before occupancy.

(c) A nursing facility resident who is discharged from the facility into a waiver program is eligible to receive up to $2,500 in TAS.

(d) TAS are available on a one-time basis only.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2004.

TRD-200403622

Carey Smith

Deputy Commissioner, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: July 11, 2004

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


Subchapter B. PROVIDER AGENCY REQUIREMENTS

40 TAC §62.11

The new section is proposed under the Human Resources Code, Chapters 22 and 32, which authorizes DHS to administer public and medical assistance programs, and under Government Code, §531.021, which provides the Texas Health and Human Services Commission with the authority to administer federal medical assistance funds.

The new section affects the Human Resources Code, §§22.0001-22.040 and §§32.001-32.067.

§62.11.Contracting Requirements.

(a) General contracting requirements. The provider agency must meet all provisions described in this chapter and Chapter 49 of this title (relating to Contracting for Community Care Services).

(b) Provider agency requirements. The provider agency must:

(1) be a Center for Independent Living as defined by the Rehabilitation Act of 1973, as amended; or

(2) have a current Community Care contract; or

(3) be currently designated as a Texas Area Agency on Aging.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2004.

TRD-200403623

Carey Smith

Deputy Commissioner, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: July 11, 2004

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


Subchapter C. STAFF REQUIREMENTS

40 TAC §62.21

The new section is proposed under the Human Resources Code, Chapters 22 and 32, which authorizes DHS to administer public and medical assistance programs, and under Government Code, §531.021, which provides the Texas Health and Human Services Commission with the authority to administer federal medical assistance funds.

The new section affects the Human Resources Code, §§22.0001-22.040 and §§32.001-32.067.

§62.21.Staff Requirements.

The provider agency employees who deliver services under this chapter must:

(1) be 18 years old;

(2) have a high school diploma or its equivalent;

(3) not be the client's spouse, the parent of a minor child, have legal conservatorship of the client, or live in the client's household; and

(4) be capable of providing the required services.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2004.

TRD-200403624

Carey Smith

Deputy Commissioner, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: July 11, 2004

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


Subchapter D. SERVICE DELIVERY REQUIREMENTS

40 TAC §62.31, §62.33

The new sections are proposed under the Human Resources Code, Chapters 22 and 32, which authorizes DHS to administer public and medical assistance programs, and under Government Code, §531.021, which provides the Texas Health and Human Services Commission with the authority to administer federal medical assistance funds.

The new sections affect the Human Resources Code, §§22.0001-22.040 and §§32.001-32.067.

§62.31.Referrals.

The provider agency must accept all clients of any waiver program whom the Texas Department of Human Services refers to the provider agency for services under this chapter.

§62.33.Service Delivery.

(a) The provider agency must:

(1) deliver to the client the specific transition assistance service that the case manager authorized in writing;

(2) purchase services for the client within the dollar amount that the case manager authorizes; and

(3) submit a claim for reimbursement to the Texas Department of Human Services only after the purchased services have been delivered to the client.

(b) The provider agency must complete the delivery of services to the client at least two days before the client's nursing facility discharge date.

(c) The provider agency may fail to deliver authorized services to the client by the applicable due date described in subsection (b) of this section 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) 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) 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.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2004.

TRD-200403625

Carey Smith

Deputy Commissioner, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: July 11, 2004

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


Subchapter E. CLAIM PAYMENTS AND DOCUMENTATION

40 TAC §62.41, §62.43

The new sections are proposed under the Human Resources Code, Chapters 22 and 32, which authorizes DHS to administer public and medical assistance programs, and under Government Code, §531.021, which provides the Texas Health and Human Services Commission with the authority to administer federal medical assistance funds.

The new sections affect the Human Resources Code, §§22.0001-22.040 and §§32.001-32.067.

§62.41.Record Keeping.

(a) The provider agency must maintain the documentation described in Chapter 49 of this title (relating to Contracting for Community Care Services).

(b) The provider agency must retain records for the time periods described in §69.205 of this title (relating to Contractor's Records).

(c) The provider agency must maintain service delivery documentation that contains the:

(1) name of the client;

(2) client Medicaid number;

(3) month of service delivery;

(4) provider agency name and vendor number;

(5) service description;

(6) date services were purchased;

(7) date services were delivered;

(8) total dollar amount of the purchase, including taxes and delivery fees; and

(9) dated signature of the employee(s) who provided services.

(d) The provider agency must maintain service delivery documentation and purchase receipts in the client file.

§62.43.Reimbursement.

(a) The provider agency must bill for services provided as described in Chapter 49 of this title (relating to Contracting for Community Care Services).

(b) The provider agency must document service delivery as described in §62.41 of this chapter (relating to Record Keeping).

(c) The Texas Department of Human Services will pay for eligible services provided and billed in compliance with this chapter.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2004.

TRD-200403626

Carey Smith

Deputy Commissioner, Legal Services

Texas Department of Human Services

Earliest possible date of adoption: July 11, 2004

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