26 Tex. Admin. Code § 260.353 - Respite
(a) General.
(1) A program provider must ensure that
respite consists of the following:
(A)
assistance with ADLs;
(B)
assistance with functional living tasks;
(C) assistance with planning and preparing
meals;
(D) transportation or
assistance in securing transportation;
(E) assistance with ambulation and
mobility;
(F) reinforcement of
behavioral support or therapy activities;
(G) assistance with medications and the
performance of tasks delegated by an RN in accordance with state law;
(H) supervision of the individual's safety
and security; and
(I) activities
that facilitate the individual's:
(i)
inclusion in community activities;
(ii) use of natural supports and typical
community services;
(iii) social
interaction:
(iv) participation in
leisure activities; and
(v) daily
and functional living skills.
(2) A program provider may deliver respite
as:
(A) in-home respite; or
(B) out-of-home respite.
(3) A program provider must not:
(A) bill HHSC for more than 30 calendar days
or 720 hours of respite per IPC period;
(B) provide respite to an individual
receiving licensed assisted living or licensed home health assisted
living;
(C) permit an individual's
spouse or a service provider of transportation provided as a residential
habilitation activity or CFC PAS/HAB with whom the individual lives to provide
respite; or
(D) provide respite to
an individual with the individual present at the same time that one of the
following services are provided to the individual:
(i) employment assistance;
(ii) supported employment;
(iii) day habilitation;
(iv) transportation provided as a residential
habilitation activity; or
(v) CFC
PAS/HAB.
(b) In-home
respite. A program provider must ensure that in-home respite is provided in the
private residence of:
(1) the
individual;
(2) the individual's
family; or
(3) a respite service
provider.
(c) Out-of-home
respite.
(1) A program provider must ensure
that out-of-home respite is provided in a location listed in paragraph (2) of
this subsection acceptable to the individual or LAR that:
(A) is an accessible, safe, and comfortable
environment for the individual; and
(B) promotes the individual's health and
welfare.
(2) A program
provider must provide out-of-home respite in:
(A) an ICF/IID with a certified capacity of
six or less persons;
(B) an ALF
with a licensed capacity of six or less persons; or
(C) an outdoor camp accredited by the
American Camp Association.
(3) A program provider may provide
out-of-home respite in a residence in which licensed assisted living or
licensed home health assisted living is provided if:
(A) a vacancy exists in the
residence;
(B) the individual or
LAR approves; and
(C) the service
planning team for each individual receiving services in that residence makes a
determination that the respite visit will cause no threat to the health,
safety, and welfare, or rights and needs of that individual.
Notes
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