Section 213.211 - Adult Day Services(a) This section establishes the requirements for adult day services, a service provided under the Older Americans Act and funded, in whole or in part, by DADS.(b) Eligibility. A AAA must ensure that a program participant who receives adult day services: (1) is: (A) 60 years of age or older; and(B) at least moderately impaired in the ability to perform instrumental or ordinary activities of daily living; or(2) is qualified to receive services under Title III, Part E, of the Older Americans Act.(c) Requirement for licensed vendor to provide services. A AAA must enter into a vendor agreement for the provision of adult day services with an adult day care facility licensed in accordance with § 98.11 of this title (relating to Criteria for Licensing).(d) Service authorization. Before adult day services are provided by a vendor to a program participant, a AAA must ensure that the vendor obtains authorization for the services from the AAA in accordance with § 83.3(o)(2)(B) of this title (relating to System of Access and Assistance).(e) Description of adult day services. Adult day services consist of nursing services, physical rehabilitative services, nutrition services, socialization activities, and transportation services. (1) Nursing services. Nursing services must include: (A) assessing, observing, evaluating, and documenting a program participant's health condition, and instituting appropriate nursing interventions to stabilize or improve a program participant's condition or prevent complications;(B) assisting a program participant with self-administered medications including, but not limited to, ordering, maintaining, or administering the medications as directed by a physician or other health care practitioner acting within the scope of the practitioner's authority and license;(C) assisting a program participant with medical treatments, as directed by a physician or other health care practitioner acting within the scope of the practitioner's authority and license;(D) counseling a program participant on the program participant's health needs and involving family members and caregivers in the discussions regarding immediate and long-term health goals; and(E) providing or supervising personal day services to enable a program participant to restore, maintain, or improve the ability to perform activities of daily living and instrumental activities of daily living as defined in DADS Program Instruction AAA-PI-310 Activities of Daily Living/Instrumental Activities of Daily Living NAPIS Mapping Requirements.(2) Physical rehabilitative services. Physical rehabilitative services must include: (A) restorative nursing; and(B) group and individual exercises, including range of motion exercises.(3) Nutrition services. Nutrition services must include: (A) one hot meal served between the hours of 10:30 a.m. and 1:30 p.m. that: (i) is suitable in quantity and adequacy to attain and maintain nutritional requirements, including those of a special needs program participant; and(ii) consists of at least two ounces of meat, one-half cup of fruit or vegetables, one cup of milk, and two servings of bread;(B) special diets as required by a program participant's plan of care;(C) a supplementary mid-morning and mid-afternoon snack;(D) dietary counseling and nutrition education for a program participant and family member; and(E) assisting with meals, if necessary, for program participants with hand deformities, paralysis, hand tremors, or trouble chewing, including: (i) grinding meats and mashing vegetables; and(ii) spoon feeding, bread buttering, and opening containers such as milk or juice.(4) Socialization activities. Socialization activities are community interaction, cultural enrichment, educational, recreational, or other social activities held in the vendor's facility or in the community in a planned program to meet the social needs and interests of a program participant. A AAA must ensure that a service provider: (A) provides at least three social activities each day; and(B) posts a monthly activity calendar in a visible location at least one week in advance of the activities listed.(5) Transportation services. (A) Transportation services must include: (i) round trip transportation to a vendor's facility from a program participant's residence; and(ii) round trip transportation from a vendor's facility to medical appointments ordered by a physician or other health care practitioner acting within the scope of the practitioner's authority and license if it is necessary for a program participant to attend such therapies or appointments while at the facility.(B) If a vendor does not provide transportation directly, it must arrange for transportation from another person or organization.(C) A vehicle used for transportation services must be properly operated and maintained and have proper heating and cooling systems to maintain reasonable temperature levels inside the vehicle.(f) Staff qualifications. A AAA must ensure that staff persons of a service provider meet the qualifications described in § 98.62(a) of this title (relating to Program Requirements).26 Tex. Admin. Code § 213.211
The provisions of this §213.211 adopted to be effective September 1, 2008, 33 TexReg 7293; transferred effective November 15, 2020, as published in the Texas Register October 30, 2020, 45 TexReg 7721